California Criminal Lawyers Blog

Our Cypress domestic violence criminal defense attorneys were interested to see a recent item about the arrest of the adult daughter of Huntington Beach's police chief. Jennifer Sue Small, 31, was arrested by the Orange County Sheriff's Department for stabbing her husband, 33, in the chest at a hotel. The wound is not considered life-threatening. The sheriff's department declined to name the husband because he is a victim of domestic violence. Small is the daughter of Chief Ken Small of the Huntington Beach police department, who said his family has struggled with his daughter's domestic violence history for many years. He told the Orange County Register May 25 that he expects no special treatment for his daughter.

The arrest of the younger Small came after deputies responded to a call about domestic violence at a Midway City hotel early Monday. No charges have yet been filed, but Small was arrested on suspicion of assault with a deadly weapon and inflicting injury. They are the latest in a list of legal problems Small has faced in the past five years. Between 2005 and 2009, she pleaded guilty to public intoxication three times, trespassing twice, one DUI and one count of battery of a peace officer. Other charges against her did not result in a guilty plea. In 2006, a court dismissed two charges of misdemeanor child abuse and endangerment against Small, as well as one misdemeanor count of possession of a controlled substance. Also in 2006, Small pleaded not guilty to misdemeanor corporeal injury on a spouse and misdemeanor vandalism. Those charges were later dismissed.

As Yorba Linda domestic violence criminal defense lawyers, we're interested in this case in part because it turns the usual assumptions about domestic abuse and gender upside down. We're not exactly happy that both men and women can be charged with domestic violence, but we do believe it's a point worth repeating, because many people don't believe women are ever charged. In fact, that was true in many states until fairly recently. These days, when the couple presents conflicting stories, some officers still automatically take the woman's side, despite the fact that the law is officially neutral. In this case, however, it's difficult to imagine deputies ignoring a chest stabbing. Small's history of legal problems, including spousal abuse and child abuse charges, may also have been a factor.

Continue reading "Daughter of Huntington Beach Police Chief Arrested for Domestic Violence Stabbing" »

Connections between Arizona's tough new immigration law and California's Proposition 187 continue to be made as immigration reform has increasingly become a campaign issue in California's race for governor.

As our Los Angeles immigration lawyers reported on our California Immigration Attorney Blog, former Gov. Pete Wilson and Proposition 187 are at issue in California gubernatorial race. Steve Poizner has taken a tough stand on immigration, while Meg Whitman has enlisted the help of Wilson, who won election supporting Proposition 187.

Proposition 187 withheld educational funding and other social programs from illegal immigrants; the law was ultimately ruled unconstitutional in federal court. Now, Arizona's tough new immigration law -- which permits law enforcement to request identification from suspected illegals -- has some in California calling for a similar measure.

And the impact of Proposition 187 doesn't end there. The federal government significantly increased border protection in response to the law. The end result: Even though it was ruled unconstitutional, it prompted tightening of the border which many contend shifted the flow of illegal immigrants east into Arizona.

Others are pushing for California law enforcement to enforce a section of law requiring them to "fully cooperate" with federal authorities in identifying illegal immigrants who run afoul of the law. However, the San Jose Mercury News reported that law was part of Proposition 187 and is not enforceable because the state did not challenge the federal court ruling that found it unconstitutional.

The Op-Ed published in the Mercury News says the illegality of the legal provision means the Republican bluster among gubernatorial candidates is nothing more than hot air.

Continue reading "Ghost of Proposition 187 continues to impact debate over California immigration reform" »

As Orange County drunk driving criminal defense lawyers, we handle defense of people accused of driving under the influence of drugs, or both drugs and alcohol, as well as those accused of driving under the influence of alcohol alone. That's why we were interested to see a May 24 article in the Orange County Register about an arrest on suspicion of drunk driving. Henry Roy Buzina, 66, was taken into custody late on May 23 after causing a three-car accident in Lake Forest. No one was injured, but both of the other motorists' cars had minor damage. After police came to the scene, Buzina failed a breath test and was arrested and booked into Orange County Jail.

Buzina was driving a Chrysler 300 at around 9:20 Sunday night, when he entered the left turn lane at Rockfield Boulevard and El Toro Road in Lake Forest. According to an Orange County sheriff's deputy, Buzina failed to stop in time to avoid rear-ending a Jeep waiting to turn left. The Jeep, in turn, was pushed into a Porsche that was also waiting to make a left. No one was injured, but the police were called to the scene. When they arrived, they administered a breath test to Buzina, who tested at nearly twice the legal limit of 0.08. He was arrested and sent to jail. The article mentions that Buzina had just had hip replacement surgery, but said nothing about his medication use or whether police tested his blood for drugs.

If our Murrieta DUI criminal defense attorneys were defending Buzina, we would be interested in how his hip replacement surgery might have affected his intoxication level and thus his driving. Hip replacement is a major kind of surgery, and patients can expect to take painkillers for some time after the surgery is over. Unfortunately, many common prescription painkillers interact with alcohol, making patients more susceptible to alcohol intoxication than they would otherwise be. Buzina's BAC reading suggests that he would have been legally drunk in any case, but the painkillers themselves can also impair judgment. Many drivers don't realize that they can be charged with intoxicated driving for driving under the influence of a drug they have legally been prescribed, but it absolutely does happen. To avoid a DUI conviction, such drivers must show that they were not intoxicated, an ambiguous requirement that can be difficult to meet.

Continue reading "Allegedly Drunk Driver Causes Rear Chain-Reaction Crash in Lake Forest" »

Our Brea sex crimes criminal defense lawyers were interested to read about a police shooting of a man suspected of child molestation. As the Orange County Register reported May 25, officers from the Anaheim and Brea police departments shot at Daniel Roy Smith after he tried to run away from them. The officers were serving an arrest warrant for Smith, who is accused of molesting two girls under the age of 14 in Orange County. Smith was at an apartment complex May 20 when he fled the officers, who chased him and shot him in front of a school in Laguna Niguel. After time in a hospital, Smith is being jailed in Santa Ana in lieu of $1 million bail.

Smith is charged with four felony counts stemming from alleged molestations in Orange County in 2001 and earlier this year. The victims were girls under 14 who he knew, officers said; he is not a random predator. However, this is not the first time Smith has been accused of inappropriate behavior with girls under 14. In fact, he was acquitted last year of similar charges in Los Angeles County, which stemmed from a 2008 incident. At that time, Smith was a traveling astronomy teacher who gave talks at schools. During a visit to a school in San Gabriel, Smith allegedly touched four girls under the age of 14 inappropriately. He was tried on three counts related to those incidents in 2009 and found not guilty by a jury. Three other charges were dismissed.

We know that some readers will immediately conclude that the Los Angeles jury made a mistake, since Smith was charged again. In fact, they might be right. But because we are Costa Mesa sex crimes criminal defense attorneys, we also believe it's possible that the jury did the right thing by acquitting Smith. Child molestation is a very serious charge, carrying three to eight years in prison for each act. That's in addition to a severe social stigma and lifelong obligation to register as a sex offender. Knowing this, many jurors could be careful to only convict if they believe the charge has been proven beyond a reasonable doubt. In Smith's case, the jury apparently didn't feel that confidence. The serious consequences of a child molestation conviction may also be why Smith felt the need to flee the arrest, giving the officers an excuse to open fire.

Continue reading "Police Officers Shoot Man Fleeing Arrest Warrant for Alleged Child Molestation" »

Our Santa Ana drunk driving criminal defense attorneys were amused to see a story about a former race car driver who used his skills to evade a police stop. According to a May 18 article by KABC, former NASCAR driver Jimmy Neal pleaded guilty that day to a felony charge stemming from a police chase that reached speeds of 140 mph. Neal, 56 and from San Clemente, was charged with evasion while driving recklessly. KABC said he had also been charged with driving under the influence in an incident a week earlier, and pleaded guilty to that charge as well at Tuesday's hearing. He was sentenced to 30 days in jail, probation and drug classes.

Neal was driving a 2003 Chevrolet Corvette in San Clemente when Orange County sheriff's deputies noticed that the car didn't have a front license plate. This is a minor infraction that generally results in no fine, a sheriff's department spokesman said. Neal reportedly slowed as if to stop, but then speeded up and hopped onto Interstate 5 heading south. Officers followed, but the Corvette reached speeds up to 140 mph, and they eventually called off the chase because of concern about the safety of other motorists. However, Neal was caught anyway after his engine gave out fifty miles to the south, in La Jolla. The sheriff's spokesman said the engine was damaged from being driven at very high speeds all the way there. Neal reportedly was taken into custody without a struggle, but no information was given on chemical tests supporting the DUI charge.

As Chino DUI criminal defense lawyers, we'd like to know more about what evidence supports the charge of intoxicated driving. It's amusing to think that Neal was able to evade police because he had a fast vehicle and professional skills most drivers lack, but it's more interesting to consider why he might have wanted to do so. Some people just get nervous around law enforcement, but officers usually assume that evaders have something to hide. Being intoxicated would offer one reason for Neal's decision to flee -- but of course, evading proves nothing by itself. If Neal hadn't pleaded guilty at his hearing, prosecutors would have had to introduce breath or blood test evidence to show that he was under the influence, or at least make a strong case from circumstantial evidence. Without proving this, all they would have is a "fix it" ticket and the evading charge.

Continue reading "Former NASCAR Driver Sentenced for Eluding Police Shortly After DUI Arrest" »

Our Long Beach assault criminal defense lawyers have been watching news trickle in about sentencing for two biker groups involved in a 2008 bar fight. In that incident, the Set Free Soldiers fought with Hell's Angels at Blackies by the Sea in Newport Beach. The Set Free Soldiers describes itself as a Christian ministry on motorcycles, but law enforcement says they are outlaws. The fight itself left two people with stab wounds and a third injured from a blow from a billiard bar, and also triggered raids of bikers' homes a week later by various Orange County police agencies. Now, the Orange County Register reports, Set Free Soldiers leader Phillip Aguilar has pleaded guilty to a misdemeanor count related to the incident, possession of ammunition by a prohibited person.

Aguilar was already a convicted felon before the fight broke out, though the newspaper doesn't note what felonies or when they occurred. He was arrested in the raids along with six other Set Free Soldiers on suspicion of conspiracy to commit murder; authorities believed the group planned the fight. Ultimately, only one member was charged with attempted murder. Altogether, six Set Free Soldiers and two Hell's Angels faced charges, mainly for weapons possession, gang involvement and assault. Aguilar was originally charged with three felonies: possession of a firearm by a convicted felon, possession of brass knuckles and street terrorism. It wasn't clear why prosecutors chose to offer the plea bargain for the much less serious misdemeanor charge instead.

As Anaheim Hills assault criminal defense attorneys, we suspect Aguilar got a good plea deal because the prosecutor's office realized it didn't have much of a case. Furthermore, sloppy police work has been an issue in at least one other prosecution related to the police raids on the bikers' homes. As we wrote back in March, firearms and drug possession charges against Hell's Angel Brian David Heslington were dropped after a judge found that the search warrant for the home was supported by "false or reckless testimony." That is, law enforcement bent the rules to obtain evidence in his case. We have no reason to think this is true for every search, but it wouldn't be unusual for the problems to extend beyond the one case. This could be particularly true if the search of the homes was based on prejudice against bikers rather than solid evidence of conspiracy to commit murder -- a crime with which only one participant was ultimately charged.

Continue reading "Leader of Christian Motorcycle Gang Plea Bargains in Newport Beach Bar Fight" »

As San Clemente medical marijuana criminal defense attorneys, we're very interested in how federal courts handle California's medical marijuana laws. That's why we're interested in the outcome of a trial for a North San Diego County man accused of federal drug crimes for running a medical marijuana dispensary legally under state law. The LA Weekly reported May 19 on the preliminary hearing for James Stacy, owner of Movement in Action in Vista. Stacy is federally charged with marijuana cultivation, conspiracy to grow and sell marijuana and a firearm charge. His case is being seen as a test case for whether Californians may use the state's Compassionate Use Act as a defense to federal crimes.

Movement in Action was raided by multiple federal agencies in September of last year. It was one of more than a dozen medical marijuana dispensaries in California that was raided as part of "Operation Endless Summer," but only two dispensary owners ended up facing federal charges. The other, Joseph Nunes pleaded guilty and received a one-year prison sentence. A third dispensary owner, Jovan Jackson, was acquitted in state court of drug charges. A month after the raid, the Justice Department made it a policy not to go after medical marijuana dispensaries that are legal under state law. At the May 19 hearing, Stacy is expected to argue that he should be able to admit evidence that he was in compliance with state law, which Americans for Safe Access says is routinely denied to federal medical marijuana defendants. If convicted on all charges, he could get up to 20 years in prison.

Our Riverside medical marijuana criminal defense lawyers wish Stacy the best of luck -- not only for himself, but to set a precedent for future federal defendants. The Supreme Court's 2005 decision in Gonzalez v. Raich has been interpreted as barring defendants like Stacy from defending themselves by pointing to compliance with state law. A bill is in Congress that would explicitly authorize defendants to do so, but it hasn't been passed -- which means Stacy is gambling that the judge and jury he faces will be sympathetic. Jackson's acquittal in San Diego Superior Court suggests that if Stacy had been tried in state court himself, he'd have a good chance of going free. In fact, no evidence shows that Stacy has violated state law. His crimes appear to consist solely to actions that are legal under state law, but illegal under federal law.

Continue reading "First Federal Trial of State Medical Marijuana Dispensary Owner Starts in San Diego" »

As Anaheim sex crimes defense attorneys, we were very interested to read about an apparent attempt to sweep a local sex offender encampment under the rug. The Los Angeles Times reported May 7 that the state Parole Department has moved an encampment of homeless sex offenders out of the block where the parole office is located in Anaheim. The 30 to 40 homeless, some of whom lived in cars or RVs, may have been homeless because of Jessica's Law, the California law that makes it a crime for a registered sex offender to live in certain areas. Anaheim police say they knew about the situation and were working with the homelessness aspect of the case, but didn't know about the Parole Department's decision to move the encampment until after it happened.

Sex offenders in California may not live within 2,000 feet of schools, parks and other sensitive areas. Failing to observe this rule can lead to more criminal charges. However, the residency restriction can severely limit where offenders can live in dense cities, which critics say forces offenders into homelessness. The article said more than a third of sex offenders in Orange County are homeless, and just under a fourth are homeless statewide. The homeless offenders in Anaheim also liked the block because it was next to the parole office, where they were required to meet with officers and permitted to use the electricity to charge their GPS monitoring ankle bracelets. The decision to move the offenders came after media inquiries and complaints from local businesses, the article said, although the Parole Department would not comment. Police said they refrained from citing the offenders for camping on the street because they were trying to work with Parole for a better permanent solution.

Our Yorba Linda sex crimes criminal defense lawyers are disappointed that police and parole officers tolerate a situation that causes unnecessary homelessness. Jessica's Law was intended to protect children by keeping an eye on the whereabouts of convicted sex offenders. By forcing them into homelessness with overly strict residency requirements, the law could actually make it harder for law enforcement to keep an eye on offenders. (This is especially true if the Parole Department doesn't share the relocation information with the local police.) Homelessness also makes it harder for sex offenders to get jobs, which in turn makes it harder for them to rejoin society and avoid recidivism. And of course, it's callous to offer offenders a choice between homelessness and exile from the places and people they know.

Continue reading "Authorities Move Encampment of Sex Offenders Made Homeless by Jessica's Law" »

As Tustin drunk driving criminal defense attorneys, we're used to explaining that the license suspension from a DUI arrest can affect your work. But we were surprised to see an article suggesting that teachers in California face more direct consequences from too many drunk driving convictions. The San Francisco Chronicle's Crime Scene blog reported May 10 that Shirley Broney will lose her teaching credential for 60 days because she has three drunk driving convictions -- from 1987, 1997 and 2001. Broney had appealed the decision from the California Commission on Teacher Credentialing, saying the DUIs had nothing to do with her job. But a state appeals court in Sacramento upheld that decision, saying Broney's fifth-grade students could be affected by her convictions.

Broney is not accused of drinking at work or any other sort of inappropriate behavior as a teacher. In fact, her principal testified to the state commission that she is talented and dedicated to her work. Her most recent drunk driving charge stems from a 2001 incident in which police found her trying to leave a parking garage with a blood-alcohol content of 0.25%. The legal limit is 0.08%. For that conviction, her third in 14 years, she was sentenced to 30 days in jail, which she served at home and at work while wearing a GPS monitoring ankle bracelet. The credentialing commission said Broney was guilty of unprofessional conduct and handed down the 60-day loss of her credential, although it suspended the order in favor of three years of probation. The Third District Court of Appeal upheld that decision, saying penalties like the bracelet could affect her classroom control and make the wrong impression on students.

That decision may be appealed to the California Supreme Court, and if it is, our Colton DUI defense lawyers will follow the case with interest. We don't believe people should suffer professional consequences for conduct outside of work that doesn't affect their ability to do their job. If Broney had shown up for work drunk or otherwise posed a danger to her students, a loss of her teaching credential would be appropriate. As things stand, we think the commission's decision was somewhat puritanical, expressing disapproval of her behavior outside the classroom. Most teachers wouldn't want their students to see an ankle monitoring bracelet, but a brave teacher could make it into a "teachable moment" by discussing why drunk driving is wrong. It's also worth noting that Broney's most recent conviction was nine years ago and her oldest one is 23 years old, suggesting several isolated incidents rather than a pattern of alcoholism.

Continue reading "Orange County Woman Has Teaching Credential Suspended for Too Many DUIs" »

Our Laguna Woods medical marijuana criminal defense lawyers were disappointed to see prohibitionists win yet another round in Orange County Superior Court. According to a May 12 article from the Orange County Register, a judge has granted a request from the city of Lake Forest to shut down all medical marijuana dispensaries in the city. The ruling came in a court action by Lake Forest to enforce a zoning ordinance banning the dispensaries in commercial zones. It is a preliminary injunction, which means the court may change its order after a full case is heard. Dispensaries may also request an immediate stay of the order and ask an appeals court to reconsider it.

The ruling is part of a larger battle being fought around Orange County and all of California. Cities like Lake Forest have passed ordinances severely limiting where medical marijuana dispensaries may be located, or sometimes banning them outright. Advocates for medical marijuana say this is intended to drive dispensaries out of business entirely and is likely motivated by prejudice against marijuana because of its history as a street drug. Cities cite concerns about crime and quality of life in the areas where dispensaries are located. Lake Forest has sued 21 dispensaries since September; one has sued back, alleging that the city has violated state law. Some prosecutors, including Los Angeles City Attorney Carmen Trutanich, have also alleged that dispensaries are illegal because they are for-profit businesses, which dispensary owners deny.

Our Anaheim medical marijuana criminal defense attorneys are actively involved in these cases. We represent multiple dispensaries in Los Angeles that are suing the city to remain open. To some extent, this is uncharted legal territory, because there are few court decisions on issues like whether a dispensary is inherently for profit, or whether a city can outright ban dispensaries. That means dispensaries trying to comply with the law must rely on a statement from the Attorney General, the most thorough guide to California's Compassionate Use Act. The Lake Forest ruling is not final and only affects dispensaries in that city, but it's very likely that this case and others will be appealed. We suspect that the final say will come from the California Supreme Court -- or even the U.S. Supreme Court.

Continue reading "Orange County Judge Allows Lake Forest to Ban Medical Marijuana Dispensaries" »

Our Los Angeles County battery defense attorneys wrote a few months ago about the battery case against actor Sean Penn. Penn, an award-winning actor known for his short temper with the paparazzi, was charged with misdemeanor battery and misdemeanor vandalism for a confrontation he had with a photographer. The incident was widely reported in the celebrity press and could have led to up to 18 months in jail for Penn. Rather than fight the charges, Penn pleaded no contest May 12 to misdemeanor vandalism, People magazine reported. He was sentenced to three years of probation and 36 hours of anger management classes, as well as 300 hours of community service.

The incident took place outside the Brentwood Country Market, in a wealthy neighborhood of Los Angeles. In the video, Penn can be seen walking quickly toward the photographer and kicking at him. It's unclear whether the kicks connected, but the photographer claimed he suffered physical harm and damage to his camera. Reports said Penn can be heard ordering the photographer to "get the [expletive] out!" The penalty of three years of probation means Penn must avoid any similar incidents or risk time in jail. This has historically been difficult for the actor, who has a previous misdemeanor conviction for assaulting a paparazzo as well as a misdemeanor domestic assault conviction. Penn is also known for his social activism, and the article said his 300 hours of community service can be performed through his relief organization for Haitian earthquake victims.

As Newport Beach battery criminal defense lawyers, we're pleased to see that the battery charge against Penn has disappeared. In our previous post, we wrote that it wasn't clear whether Penn's kicks ever connected with the photographer, which is necessary to support a charge of battery in California. (By contrast, Penn could have been charged with assault, which requires no physical contact.) It's also not clear from the video whether Penn connected with the camera, causing the alleged vandalism. But that charge was the less serious of the two, making it a clear choice for a plea bargain. Misdemeanor vandalism carries up to a year in jail, fines and cleanup or restitution charges, so three years of probation is a relatively light sentence. A hearing June 8 will determine whether and how much Penn will pay in restitution, presumably for the damage to the camera.

Continue reading "Sean Penn Ordered to Anger Management Classes in Paparazzi Battery Case" »

As Buena Park Jessica's Law criminal defense attorneys, we were interested to see a piece about a registered sex offender in an interesting legal situation. According to a May 4 article in the Orange County Register, Eric Hinnenkamp, 45, is a registered sex offender who also owns a Fullerton home left to him by his parents. That home is so close to a park that he is forbidden from living there under Jessica's Law, which places restrictions on the residency of certain sex offenders. However, law enforcement does not believe Hinnenkamp can be barred from owning or visiting his property under the California Constitution. Neighbors upset that Hinnenkamp is still permitted to visit the property crowded into a meeting May 4 at the Fullerton Police Deapartment.

Hinnenkamp's sex offender status comes from a record of sex-related crimes that includes convictions for indecent exposure, sexual battery and child molestation. He also has a conviction for failure to register as a sex offender in 2000. According to a Fullerton police officer, Hinnenkamp must wear a GPS device, which means officers can track his movements consistently. He is registered as a resident of Huntington Beach. However, parole officers have permitted him to visit the Fullerton property from 10 a.m. to 2 p.m. on Mondays, Wednesdays and Fridays, which has triggered a backlash from the neighbors. Law enforcement authorities said "residency" is not well defined enough for them to keep Hinnenkamp away, and that Jessica's Law does not give a specific penalty for residency violations. One neighbor complained that authorities are not doing enough to keep Hinnenkamp away, and also that Hinnenkamp is not maintaining the property.

Our San Juan Capistrano Jessica's Law criminal defense lawyers had to laugh at this last complaint. Hinnenkamp would have considerably difficulty mowing the lawn if he is barred from his property at all times, as the neighbor appears to want. More seriously, however, this article illustrates how convoluted and overreaching sex offender laws can be. Critics claim residency restrictions don't work because offenders are unlikely to prey on children during the nighttime hours, when kids are at home with their parents. In fact, areas like South Florida are now easing those restrictions and adding "loitering" laws that forbid offenders from hanging around places like schools during times when children are there. It's also worth mentioning that very strict residency restrictions can push offenders into homelessness and keep them away from loved ones, both of which can negatively affect their efforts to build law-abiding, productive lives.

Continue reading "Neighbors Protest Sex Offender's Ownership of House Where He Cannot Legally Live" »

Our Wildomar medical marijuana criminal defense attorneys were disappointed but not surprised to see yet more harassment of medical marijuana dispensary owners by Los Angeles city officials. According to the Los Angeles Times, prosecutors began notifying the dispensaries May 4 that they had just over a month to comply with the city's previously passed ordinance that drastically limits where dispensaries can be located. Prosecutors told the newspaper they were optimistic that the one-month notice would compel significant compliance. Two lawsuits are challenging the rule on behalf of dispensary owners who say they followed the law; a third lawsuit is planned by patients protesting the law's drastic restrictions on where they may buy their medical marijuana.

The city's action is a move to enforce a law that proponents see as correcting uncontrolled growth of medical marijuana dispensaries. In 2007, the City Council placed a moratorium on approval of new business licenses for dispensaries, with an exception for businesses that registered with the city. That moratorium was not enforced well, and the ordinance being enforced now is an attempt to close down dispensaries that did not register. The dispensary owners' lawsuits are from owners of dispensaries that did register, and are now angry that a judge's ruling might lump them in with dispensaries that ignored the law. Business owners and patients also protest a part of the ordinance that places severe limitations on where dispensaries can be located, which they say would force patients to visit out-of-the-way areas like the downtown warehouse district to buy their medicine.

As El Segundo medical marijuana criminal defense lawyers, we have a lot of sympathy for that argument. As the attorney in the patients' lawsuit pointed out in the article, the law doesn't place greater restrictions on medical marijuana access than it does on access to any other drug with impairment or abuse potential such as Vicodin. The difference is the perception by "neighborhood activists" and law enforcement that medical marijuana is a front for criminal drug dealers. We don't doubt there are such dispensaries out there, but this is no reason to harass legitimate collectives and cooperatives that are operating within state law and the Attorney General's guidelines, the most thorough interpretation of the law currently available. Shutting down these small businesses is not legally justified, in addition to potentially violating the rights of the owners who have poured investments into them. During a recession, it may also be a poor financial move by the city.

Continue reading "Los Angeles Tells 439 Medical Marijuana Dispensaries to Close or Face Prosecution" »

As Fullerton drunk driving criminal defense attorneys, we were interested to see a conviction in an unusual drunk driving case. Christopher Koppi, 28, was accused of driving drunk when he ran out of gas on the 57 freeway, causing a chain reaction crash that killed another man. The Orange County Register reported May 6 that prosecutors argued that Koppi was culpable in the 2006 death of Richard James Pettigrew, 59, because Koppi was too drunk to notice the light on his dashboard warning that he was running out of gas. At his sentencing on July 30, Koppi could get up to 25 years in prison, an increased sentence because he has a prior felony "strike" and because the conviction was for gross vehicular manslaughter while intoxicated, a more serious crime than simple vehicular manslaughter.

Koppi was driving a Ford F-150 pickup on the early morning of August 26, 2006 when he simply ran out of gas and became what a prosecutor described as a dangerous obstacle. Pettigrew was directly behind him in a 1981 Datsun sedan. He was apparently unable to avoid colliding with Koppi's truck and crashed into its back. Another vehicle then crashed into the back of Pettigrew's car. Pettigrew died at the scene from multiple injuries. Police noticed several signs of intoxication from Koppi, and a blood-alcohol concentration test measured him at 0.20 two hours after the crash. Koppi's defense lawyer argued that Koppi was trying to pull over when he noticed problems with his truck, and that it was still in motion when Pettigrew hit it. He also noted that detectives didn't argue that Koppi had run out of gas until six weeks after the incident.

Our Chino Hills DUI criminal defense lawyers wonder how much Koppi's past record had to do with the jury's decision in this case. As a rule, juries are not inclined to show mercy to repeat offenders, and Koppi's prior offense was aggravated assault, a serious crime. It also has nothing at all to do with the crime alleged in this case, which was driving under the influence of alcohol. Nonetheless we wouldn't be surprised if it made jurors less likely to believe that Koppi genuinely had car trouble -- which of course is not a criminal offense. And we're absolutely sure that the prior conviction will haunt Koppi later, at his sentencing, because aggravated assault is a "strike" crime. That means the sentence for any subsequent felony is doubled, whether or not it's a strike. Gross vehicular manslaughter while intoxicated normally carries four to 10 years in prison.

Continue reading "Driver Who Ran Out of Gas on Freeway Convicted of DUI Manslaughter" »

Our Corona sex crimes criminal defense attorneys were interested to see a recent article about the resurrection of a rape charge that was once dismissed. The Orange County Register reported May 5 that David Jeffrey McKee has lost a bid to dismiss the second rape charge against him. McKee is accused of sexually assaulting a woman he met at a bar in Newport Beach while she was asleep. He had previously been charge with the rape of someone too drunk to consent, but that charge was dismissed by a previous judge concerned about inconsistent statements made by the woman. The new case accuses McKee only of raping someone who was not conscious.

McKee, 26, is a goaltender for the Allen Americans, a minor league hockey team. He was visiting a Newport Beach bar in 2006 when he met the woman, identified here as Jane Doe. He was among a group of people who went to Doe's home after leaving the bar. Prosecutors allege that sometime that night, McKee sneaked into Doe's room and raped her as she slept. Doe has testified that the incident "felt like I was having a sex dream" and that she didn't know it was real. McKee's attorney argued that the charge should be dismissed because Doe was clearly aware of the incident and conscious. The prosecutor in the case says Doe was asleep when the incident began, which is enough for the charge. The judge ruled in the prosecutor's favor, saying he didn't see consent in the situation.

As Garden Grove sex crimes criminal defense lawyers, we believe this is another illustration that prosecutions for sex crimes depend largely on the credibility of the people involved. The only people involved in the act were Doe and McKee, and now they have different accounts of what happened. One of them must be telling less than the truth, and that means credibility will play a key role in the outcome of the trial, along with circumstantial evidence. California state law makes it illegal to perform sexual intercourse with anyone who is unconscious or asleep, and Doe's testimony shows that she wasn't entirely unconscious during the entire act. The question for jurors to answer is whether they believe she was unconscious when the act began, and ultimately, they will have to decide whether to believe her or McKee on that issue.

Continue reading "Minor League Hockey Player Will Stand Trial for Alleged Rape of Unconscious Woman" »

President Obama marked Cinco de Mayo by urging Congress to work on comprehensive immigration reform this year, while criticizing Arizona's new immigration law as the wrong approach, CNN reported.

As our Riverside immigration attorneys and Orange County immigration lawyers monitor the protests and backlash over the Arizona law, we will continue to report developments here on our California Immigration Attorney Blog.

"The answer isn't to undermine fundamental principles that define us as a nation," said Obama, who instead called for "common-sense comprehensive immigration reform."

Arizona's law permits law enforcement to stop and question suspected undocumented immigrants, request identification, and turn those in violation over for deportation proceedings. It has been compared to California's Proposition 187, which was passed in the 1990s and attempted to prevent immigrants from receiving public education or other social services. That measure was ultimately ruled unconstitutional by the federal courts.

Obama's remarks came on Cinco de Mayo, a celebration of Mexican heritage that has been embraced by millions of Americans and one of the most overt signs of the vast social and economical contributions the modern-day immigrant population has made to the nation. Cinco de Mayo commemorates the Mexican Army's unlikely victory over French forces on May 5, 1862 at the Battle of Puebla. In the United States, it has become a celebration of Mexican heritage and pride, in much the same way St. Patrick's Day celebrates Irish heritage.

Immigration advocates in California and elsewhere have been pushing the Obama Administration to deliver on its promise of compassionate immigration reform.

"I was pleased to see a strong proposal for comprehensive reform presented in the Senate last week, and I was pleased it was based on a bipartisan framework," Obama said. "I want to begin work this year. And I want Democrats and Republicans to work with me."

Obama said states will continue to take "misconceived" steps to address immigration unless the federal government takes action on a comprehensive approach.

"We can't start singling out people depending on who they look like or how they talk or how they dress," Obama said. "We need bipartisan support, but it can be done and it needs to be done."

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Our Bellflower drunk driving criminal defense attorneys were not surprised to see a formal announcement that Miguel Santana will be charged with drunk driving. Santana, 40, is the top budget analyst for the City of Los Angeles, a position appointed by the mayor. He was pulled over just after midnight March 26 in Covina, by a CHP officer who found that Santana was intoxicated. He reportedly took a leave of absence after his arrest to seek help for an alcohol problem, but has since returned to work on the city's difficult and controversial budget. According to an April 26 article from television station KCAL 9, he will be arraigned May 25 in West Covina court.

According to an earlier Los Angeles Times article, Santana was returning to his Claremont home on the night of the arrest, after attending a political roast of Los Angeles County District Attorney Steve Cooley. A CHP officer noticed his city-owned Honda Civic speeding on a surface street and pulled it over. In the ensuing interview with Santana, the officer noticed signs of intoxication and put Santana through field sobriety tests, which he reportedly failed. The budget officer also submitted to a blood-alcohol test, but the CHP does not disclose BAC test results. Santana publicly apologized the next day and took a leave of absence to seek alcohol treatment. He now faces both types of DUI charge possible in California: a charge of having a BAC over the legal limit of 0.08, and a charge of driving under the influence.

As Monterey Park DUI criminal defense lawyers, we're not at all surprised to see both charges. Prosecutors commonly bring both types of charge against DUI defendants, although anyone convicted of both will only face one penalty. By bringing both charges, prosecutors double their chance of a successful conviction even if, for example, an experienced attorney succeeds in challenging the BAC test result. In fact, there are multiple ways to challenge test results, including challenges to the legality of the traffic stop and the handling of the evidence. Eliminating the BAC test result means prosecutors must rely on the "under the influence" charge for a conviction, and that is a much more subjective charge. These cases frequently rest on subjective police observations, flawed field sobriety tests and other evidence that's open to interpretation and challenges.

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