California Criminal Lawyers Blog

A young man from Anaheim faces two counts of vehicular manslaughter, the Orange County Register reported Dec. 21. The case against Rafael Lopez, 18, caught the attention of our Corona drunk driving criminal defense attorneys because Lopez is accused of very serious crimes. Prosecutors say Lopez had a blood-alcohol level of 0.13 when he ran a red light in Buena Park and hit the car of Steven Uselton, 44, and Douglas Uselton, 17, as they were headed to a school debate tournament. A memorial to the Useltons drew hundreds of people Monday night at Oxford Academy in Cypress, where Douglas Uselton was a senior and a member of the baseball and basketball teams. Lopez was scheduled to be arraigned Dec. 21 in Santa Ana, and faces up to 13 years in prison.

Police say Lopez was drunk and speeding at 5:30 in the morning when he ran a red light at the intersection of Crescent and Knott Avenues in Buena Park. Prosecutors say his car hit the Useltons' car so hard that it was pushed 130 feet down the road. Both father and son were pronounced dead at the scene, while Lopez suffered minor injuries. He was treated and released at the hospital, then arrested for on suspicion of vehicular manslaughter driving under the influence. Because he is under 21, he is also in violation of California's zero tolerance DUI law, which makes it illegal to drive with a BAC of even 0.01. Teachers at Oxford Academy brought in grief counselors to the debate tournament after they learned what happened, and the school held a memorial Monday night for the Useltons.

As Fullerton intoxicated driving criminal defense lawyers, we'd like to point out that Lopez could also face no fewer than three separate charges related to the fact that he's under the age of 21. As we noted, drivers under 21 are subject to a "zero tolerance" law, which makes it a civil offense to drive with any amount of alcohol in your bloodstream at all. However, this is not a criminal offense; the penalty is losing your driver's license or delaying eligibility if you don't yet have one. Underage drivers with BACs at 0.05 or higher are also penalized by an under-21 DUI criminal law, an infraction carrying fines and probation. And just like drivers over 21, they can be charged with a regular DUI if they have a BAC of over 0.08. In this case, it's not clear whether prosecutors charged Lopez with any of these, since the DUI manslaughter charges are much more serious.

Continue reading "Teenaged Driver Charged With Manslaughter for DUI Crash That Killed Father and Son" »

On Dec. 22, a court finally handed down the sentence for a DUI crash that was closely followed by our Costa Mesa drunk driving criminal defense lawyers and many others. As the Orange County Register reported, a Superior Court judge sentenced Andrew Gallo to 51 years to life in prison for the crash that took the lives of Courtney Stewart, Henry Pearson and Nick Adenhart; and nearly disabled Jon Wilhite. The four were in Stewart's car when Gallo ran a red light, pushing the sedan into a pole. Gallo was driving under the influence despite having a suspended driver's license, a result of a previous DUI conviction. The crash received national attention because Adenhart was a young pitcher for the Angels baseball team, and had just pitched six shutout innings in his first start of the season.

Gallo was charged with second-degree murder in the deaths rather than gross vehicular manslaughter while driving under the influence. California caselaw allows this when the defendant has a previous DUI conviction, under the theory that he or she knew drunk driving was dangerous and thus had the requisite "malice" necessary for the murder charge. Gallo's defense attorney argued that he lacked this malice because he didn't intend to drive; his brother, Raymond Rivera, was supposed to be the driver. But the two drank heavily for about seven hours and Gallo took the wheel of their parents' minivan anyway. After the crash, Gallo literally walked away -- he was arrested an hour later while walking along the highway -- leaving Rivera in the passenger seat with a broken arm. Wilhite, the only other survivor, suffered a rare injury called an internal decapitation and is still recovering. All four victims' families spoke at the sentencing.

This is a difficult case in which to defend the driver, given its seriousness and the high profile of Adenhart. But as Riverside DUI criminal defense attorneys, we agree with the defense that DUI manslaughter is more appropriate than second-degree murder. Second-degree murder normally requires "malice aforethought," but a California Supreme Court case, People v. Watson, found that "implied malice" is enough to justify a second-degree murder charge. Under that ruling, prosecutors can read malice into a situation in which a driver knows driving drunk is dangerous and does it anyway. We believe this is overreaching in most cases; after all, negligent acts like Gallo's aren't the same as consciously setting out to commit murder. A conviction for gross vehicular manslaughter while driving under the influence would still have gotten Gallo a sentence of more than 30 years in prison, so it's not a question of letting him go free.

Continue reading "Andrew Gallo Sentenced to 51 Years to Life in Prison for Drunk Driving Crash" »

Our San Clemente domestic violence criminal defense attorneys have followed with interest the ongoing fallout from domestic violence case in San Diego. Diana Gonzalez, a 19-year-old nursing student at San Diego's City College, was found beaten to death in a men's bathroom there, allegedly at the hands of her husband, Armando Perez. Perez had beaten, raped and imprisoned Gonzalez in an earlier incident, causing Gonzalez to file a criminal complaint and apply for a protective order against him. Perez was released from police custody just weeks before the murder, due to insufficient evidence. Gonzalez's family and friends, and anti-abuse activists, are upset with the county district attorney's office for its handling of the case and organized a protest march Dec. 9. Perhaps in response to the criticism, San Diego County DA Bonnie Dumanis co-authored an op-ed in the San Diego Union-Tribune Dec. 2 about warning signs of domestic violence.

Gonzalez was married to Perez, 37, in January of this year. They had a child who is now about a year old. Perez had been married before, with two children, but that marriage ended shortly after he was charged with domestic violence against his previous wife. Gonzalez had apparently reported at least 20 incidents of abuse during the couple's short marriage. However, they were already estranged when Perez apparently showed up in the parking lot at City College, kidnapped Gonzalez and imprisoned her in a motel for three days, where he beat, choked and repeatedly raped her. After that incident, she filed for and received a protective order and changed her phone number. Her family made efforts to escort her everywhere she went, but apparently Perez escaped notice when he found Gonzalez on campus and beat her to death. His car was later found abandoned in Tijuana. Protesters are upset that the prosecutor's office won't explain why Perez was not charged.

We understand the outpouring of grief and anger from Gonzalez's family, friends and community. However, as Manhattan Beach domestic violence criminal defense lawyers, we suspect there's more to it than people who aren't familiar with the law realize. In the op-ed, Dumanis and her co-author say prosecutors file charges in every case prosecutors believe they can prove beyond a reasonable doubt. This is the standard for every criminal case, and domestic violence defendants deserve the same protections afforded to everyone in our legal system. In some cases, the problem is a lack of witness testimony or evidence to corroborate the accuser's story, because much of the behavior that leads to accusations happens behind closed doors. In others, the accusers may even change their stories. Prosecutors can continue their cases even when this happens, but changing the story typically hurts the case against the accused.

Continue reading "Handling of San Diego Domestic Violence Case Spurs Protest Against Prosecutors" »

As Huntington Beach domestic violence criminal defense attorneys, we were disappointed to read that Santa Ana police have shot and killed a domestic violence suspect armed with a toy gun. The family of Elmer Alexander Perez called the police early on Dec. 16 to report a verbal altercation between Perez, who had a history of drug use, and his pregnant wife, who was not named. Perez's stepfather told police Perez had a gun that might be real or a toy, and had threatened to kill himself. But when officers saw the gun in Perez's hand, they fired, killing him in front of his toddler. No one else was hurt, and there are no allegations that Perez hurt members of his family. The extended family is upset at what they see as a police overreaction, particularly because the couple's two-year-old son witnessed the shooting.

Perez, 27, has a criminal record for drugs, theft and resisting an officer and was sentenced to 16 month in prison in 2005. His older brother described him as nonviolent but with a drug problem. At 5:45 in the morning, the family called the police to report a domestic dispute between Perez and his wife, saying Perez was acting erratically, might be on drugs and was threatening to kill himself. A spokesperson said officers could hear a woman screaming upstairs when they entered the house, plus the sounds of an argument and thumping. Perez's stepfather said he told police Perez might have a toy gun or a real one, and the spokesperson said officers heard Perez threaten to kill himself. Officers started upstairs, but stopped on the landing when Perez appeared with the gun in his hand, then shot him. The Orange County District Attorney's office was investigating, as it does with officer-involved shootings.

Our Lake Elsinore domestic violence criminal defense lawyers understand that police officers have a dangerous job involving split-second decision making. But we agree with this family that this shooting raises questions that should be carefully considered by the district attorney's office. In domestic violence cases, it's not unusual for police officers to assume that the perpetrator is the man, or that the man is violent. In this case, nothing reported suggests that Perez had actually hurt other members of his family, or was planning to hurt anyone other than himself. In fact, as the article notes, his stepfather had specifically told the police just moments before that the gun might be a toy. And from the information presented in the article, it doesn't sound like Perez was aiming at the officers or anyone else before he was shot. Under those circumstances, we're not surprised his family is upset and wants answers.

Continue reading "Santa Ana Police Kill Man After Responding to Domestic Violence Call With Toy Gun" »

As Los Angeles County DUI lawyers, we were surprised to see a report about a drunk driving crash that left two homes damaged but fortunately did not seriously hurt anyone. KTLA reported Dec. 13 on a one-car crash caused by an allegedly drunk 18-year-old male. The unnamed driver ran a stop sign and somehow became airborne in a way that crashed the car into two houses, wedging it between them five feet above the ground. The crash did not badly hurt either the driver or his passenger, also an 18-year-old male, or anyone inside the two homes. However, it did a very large amount of property damage. Police say the driver did not seem to have used the brakes at all. He was arrested on suspicion of driving under the influence of alcohol.

The driver reportedly did not stop for a nearby stop sign, but accelerated hard enough to leap a curb, break through a fence and crash in between the two houses. The vehicle landed in a way that wedged it stuck, five feet above the ground. A resident of one of the homes, Carter Miller, said he was just going to bed when the building shook from the crash, which he mistook for an earthquake at first. The other home was more badly damaged, but fortunately was not occupied because it had recently been sold. A contractor told KTLA the repairs to the home would cost $70,000 and take months, derailing the buyer's plans to move in next week. This is not counting the cost of repairs to Miller's home and yard. A witness who was on the scene right after the crash described the teenagers as very intoxicated but not badly hurt. It was unclear whether the passenger was arrested for any offense related to underage alcohol consumption.

As Pomona drunk driving criminal defense attorneys, we hope the driver in this crash has an attorney, because he will need one. No DUI is a picnic, California has a "zero tolerance" law for drivers under 21 who are caught drinking, which means they can be charged with a crime if they are caught with any amount of alcohol in their systems at all. Even a 0.01, which is not enough to intoxicate most adults, can trigger a zero tolerance DUI arrest. There are also special penalties for drivers under 21 caught drinking, starting with a one-year license revocation that you cannot fight. Underage drivers with BACs 0.05 to 0.07 will also be required to complete a three-month alcohol education class before they can restore their licenses; visit DUI crash victims or late-stage alcoholics; and obey a court order not to drink until age 21 or do drugs. This is on top of any ordinary DUI the driver can also be charged with, and related crimes like underage alcohol possession or possession of alcohol in a car.

Continue reading "Allegedly Drunk Teen's Crash Wedges Car Between Two Buildings in San Pedro" »

An item about serious drug charges against two Los Angeles men caught the eyes of our Redlands drug possession attorneys. The San Gabriel Valley Tribune reported Dec. 11 on the arrests of Rafael Flores, 29, and Ramon Munoz, 33, on multiple counts related to suspected drug sales. Flores and Munoz originally came to the police's attention when an officer saw Flores following too closely in his SUV on Interstate 10. He fled, triggering a police chase ending in the discovery of 13 pounds of methamphetamine and one kilogram of cocaine. Flores and Munoz are both charged with possession of drugs with intent to sell, transporting drugs and resisting arrest. Flores is also charged with evading the police. They were scheduled to be arraigned Tuesday in West Covina.

The newspaper said Flores was westbound on the freeway near Puente Avenue when a West Covina officer spotted his SUV tailgating other vehicles. The officer tried to pull them over, but they refused and led police on a chase. Flores is accused of driving recklessly, causing a property-damage-only crash with two other cars and running red lights during the chase. Flores and Munoz reportedly fled on foot after their SUV stopped, causing officers to chase them down and, in the case of Munoz, use a Taser. When they searched the SUV, officers found a pound of meth under the passenger seat, with 12 more pounds in individually wrapped packages in the rear. Also in the back of the SUV was a kilogram of cocaine. The street value of the drugs was estimated at more than $200,000.

On drug possession charges, our Aliso Viejo drug possession lawyers prefer to argue for a drug diversion program that keeps a conviction off the client's record. But in a possession for sale case, that's not possible because possession for sale is considered a felony. In this case, prosecutors may also be able to argue that fleeing an officer and resisting arrest are violent crimes making the defendants ineligible for Drug Court. However, a charge of possession for sale is still very defensible. Often, police assume defendants possessed the drugs for sale just because they had a large amount of the drug. That's certainly not always the case, and when it's not, we can use other evidence to show that the police are trying to convict our clients based on an unfounded assumption. We can also argue that our clients didn't "possess" the drugs within the meaning of the law -- for example, when they had no idea the drugs were stashed inside a shared home or vehicle.

Continue reading "West Covina Police Seize Methamphetamine and Cocaine From Los Angeles Men" »

As Anaheim domestic violence criminal defense lawyers, we were sad to read about an active police hunt for an Irvine man accused of attempting to kill his wife. The University of California at Irvine campus police are looking for Gregory Scott Turner, 33, a graduate student in criminology. Turner's seven-year-old daughter called 911 on the afternoon of Dec. 15, according to the Orange County Register, and responders found her mother choked into unconsciousness. Turner fled their home and is believed to be suicidal. He is described as a white man, six feet tall, 225 pounds and may be driving a royal blue 2006 Chevrolet pickup truck with the California license plate number 8P53538. Campus police can be reached at 949-824-5223.

The OC Weekly said Turner's seven-year-old daughter called 911 at 2:20 in the afternoon to report the violent confrontation between her parents. The couple also has a five-year-old daughter who witnessed the assault, which took place at the Verano Place apartments on UC Irvine's campus. Neither girl was physically harmed in the attack, but authorities said Turner beat and choked his wife into unconsciousness and tried to kill her. She was hospitalized overnight and expected to be released Dec. 16 into a domestic violence safe house. The girls were in the custody of Child Protective Services. The Verano Place apartments made the news for domestic violence last year as well, when graduate student Brian Hughes Benedict shot his ex-wife, Rebecca Clarke, in a parking lot with their toddler son already in a car seat. Benedict is being tried for murder.

Our Colton domestic violence criminal defense attorneys hope Turner understands how serious these charges are. When an incident of alleged domestic violence results in life-threatening injuries like these, prosecutors may skip domestic battery or corporeal injury on a spouse charges altogether, and charge the defendant with attempted murder or aggravated battery. Those are serious felonies that are also likely to be counted as strikes for the purposes of the three-strikes law. Aggravated battery can get you up to four years in prison -- not counting penalties for related crimes like assault or child endangerment -- and attempted murder can even earn a sentence of life in prison. Furthermore, even though these are not expressly domestic violence crimes, courts can and will grant restraining orders to the alleged victims. That's why people facing these kinds of charges should retain an attorney as soon as possible.

Continue reading "Police Hunting for UCI Grad Student Accused of Serious Domestic Assault on Wife" »

Like lots of people around greater Los Angeles, our Riverside DUI criminal defense attorneys have followed the stories about the city of Bell, where eight people were criminally charged for a public corruption scheme. One of those people was Robert Rizzo, the former city manager for Bell, who is criminally charged with offenses related to illegally hiking his pay to well above the rates for much larger cities and taxing the working-class city to pay for it. Rizzo is also a resident of Huntington Beach here in Orange County, and was convicted this year of an unrelated charge of driving under the influence. As KTLA reported Dec. 6, Rizzo started a 10-day community service sentence this week as part of the DUI penalties, working at a Goodwill store in Huntington Beach.

According to KTLA, Rizzo was arrested March 6 of this year after he accidentally drove his car into his neighbor's mailbox. Rizzo was aiming for his own driveway, but apparently was too intoxicated to succeed. Police officers responded to the scene and tried to give Rizzo field sobriety tests, but had to stop them because he was so unstable that they feared for his safety. He later blew a 0.28 blood-alcohol content, which is more than three times the legal limit. Rizzo originally pleaded not guilty to the drunk driving charge, but later changed the plea to guilty through his attorney. He was sentenced to nine months of alcohol awareness classes as well as the 10-day community service sentence. These are all separate from the charges he and seven others face for public corruption.

We don't recommend that anyone imitate Rizzo in general. But as Whittier intoxicated driving criminal defense lawyers, we do think it was smart of him to get an attorney who helped him get a sentence of community service rather than a more harsh penalty. This is especially important because Rizzo's sentencing took place after the Bell scandal erupted, which could have unfairly influenced his penalties for the unrelated DUI. At the most extreme, first-time drunk driving offenders can be sentenced to jail and alcohol addiction treatment. Rizzo's community service sentence suggests that he and his lawyer were able to argue for community service instead, possibly with probation. For first offenders, that's a much better sentence because it helps them serve their time and acknowledge their mistakes while still allowing them to work, care for families and generally live their lives without disruption.

Continue reading "Former Bell City Manager Starts Community Service Sentence for OC Drunk Driving" »

Our Westminster drug possession criminal defense lawyers were interested to see a high-profile drug arrest that seems to have ended well for the defendant. Alexis Neiers, the Los Angeles teenager who became infamous for her part in a ring of celebrity break-ins and then as the star of a reality show, was sentenced to rehabilitation Dec. 9 after she was caught in possession of black tar heroin. Neiers was already on probation for first-degree burglary of Orlando Bloom's home. The heroin was found after probation officers searched her home, which they did because she hadn't reported in with probation officers for two months. She will spend a year at a live-in drug treatment program.

Neiers, now 19, originally became famous as part of a "bling ring" of teenagers who broke into famous people's homes and stole high-cost items. She pleaded no contest to residential burglary and was given six months in jail, of which she served 29 days, and three years of probation. Probation officers searched her family's Thousand Oaks home after Neiers didn't check in with offers as required for two months and didn't make court-ordered restitution payments for three months. In addition to the heroin, officers found a fake Florida driver's license and burnt foil, consistent with heroin use. Her criminal defense attorney successfully argued for drug treatment rather than prison, but the judge said he'd send her to prison if she committed another heroin offense. Ventura County authorities have the option of prosecuting Neiers separately for drug possession.

Naturally, this case is getting widespread coverage because Neiers is a pop culture figure. But as Corona drug possession criminal defense attorneys, we would work for an outcome like this for any defendant accused of simple drug possession. Drug possession is a victimless crime, so it doesn't really protect the public to throw people in prison on that basis alone. On top of this, some drugs -- especially including heroin -- are very physically addictive, meaning their users actually can't do much to get off them. In this kind of situation, rehab is better for everyone involved than prison. If Neiers is an addict, she won't enjoy rehab, but addressing her addiction will likely also address her behavior problems. By contrast, adult prison would likely be a "criminal finishing school" where she may still have access to heroin.

Continue reading "Teen Who Became Famous for Stealing from Celebrities Sent to Rehab for Heroin" »

Our Westminster drug possession criminal defense lawyers were interested to see a high-profile drug arrest that seems to have ended well for the defendant. Alexis Neiers, the Los Angeles teenager who became infamous for her part in a ring of celebrity break-ins and then as the star of a reality show, was sentenced to rehabilitation Dec. 9 after she was caught in possession of black tar heroin. Neiers was already on probation for first-degree burglary of Orlando Bloom's home. The heroin was found after probation officers searched her home, which they did because she hadn't reported in with probation officers for two months. She will spend a year at a live-in drug treatment program.

Neiers, now 19, originally became famous as part of a "bling ring" of teenagers who broke into famous people's homes and stole high-cost items. She pleaded no contest to residential burglary and was given six months in jail, of which she served 29 days, and three years of probation. Probation officers searched her family's Thousand Oaks home after Neiers didn't check in with offers as required for two months and didn't make court-ordered restitution payments for three months. In addition to the heroin, officers found a fake Florida driver's license and burnt foil, consistent with heroin use. Her criminal defense attorney successfully argued for drug treatment rather than prison, but the judge said he'd send her to prison if she committed another heroin offense. Ventura County authorities have the option of prosecuting Neiers separately for drug possession.

Naturally, this case is getting widespread coverage because Neiers is a pop culture figure. But as Corona drug possession criminal defense attorneys, we would work for an outcome like this for any defendant accused of simple drug possession. Drug possession is a victimless crime, so it doesn't really protect the public to throw people in prison on that basis alone. On top of this, some drugs -- especially including heroin -- are very physically addictive, meaning their users actually can't do much to get off them. In this kind of situation, rehab is better for everyone involved than prison. If Neiers is an addict, she won't enjoy rehab, but addressing her addiction will likely also address her behavior problems. By contrast, adult prison would likely be a "criminal finishing school" where she may still have access to heroin.

Continue reading "Teen Who Became Famous for Stealing from Celebrities Sent to Rehab for Heroin" »

Our Chino drug crimes criminal defense attorneys wrote a few months ago about the trial of Jovan Jackson, the owner of a San Diego medical marijuana dispensary. Jackson was acquitted of drug possession and sales charges about a year ago, using the defense that he was selling marijuana legally under California medical marijuana law. However, the office of San Diego District Attorney Bonnie Dumanis brought him up on similar charges in September and won a ruling that Jackson couldn't use a medical marijuana defense. That time, he was convicted of marijuana possession and sales and imprisoned. On Dec. 7, Americans for Safe Access, a medical marijuana advocacy organization, moved for a new trial on the grounds that Jackson should have been allowed to use a medical marijuana defense and was a victim of double jeopardy.

Jackson was one of two dispensary owners originally prosecuted in San Diego following a federal raid. Jackson and the other defendant were both acquitted after being allowed to present evidence that the actions for which they were being prosecuted were legal under California law. That was in state court, where California law is applied, not in federal criminal court. However, after Jackson's acquittal, prosecutors brought new charges based on a different investigation of Jackson's dispensary. Before that trial, the judge ruled that Jackson could not use a medical marijuana defense, saying collectives and cooperatives are not protected if their primary purpose is sales rather than cultivation. This viewpoint is controversial and may be contradicted by court decisions, as well as by 2008 guidelines issued by the state attorney general. In its motion, ASA said it argued that the medical marijuana defense should have been allowed and that Jackson faced double jeopardy in violation of the Constitution.

As Huntington Beach drug crimes criminal defense lawyers, we wish ASA and Jackson luck overturning this verdict. As we wrote in September, we do not believe Jackson should have been tried again after his first acquittal. The second trial may not have technically been double jeopardy, since it was based on different events, but it's hard not to conclude that he was retried because Dumanis didn't like the outcome of the first trial. ASA's success on that part of the appeal likely depends on the details of each case. However, we think there's a stronger argument that Jackson should have been allowed to present a medical marijuana defense. This is routinely available in other state courts, most of which reject the interpretation of the law used by the trial judge and Dumanis. Interestingly, one article on this trial from the San Diego Union-Tribune said jurors didn't want to convict Jackson, but felt they had no choice under the law.

Continue reading "Medical Marijuana Advocates Move for New Trial for San Diego Dispensary Owner" »

Our Pomona DUI criminal defense lawyers wrote last month about the trial of an Orange County man for DUI manslaughter in an unusually brutal crash. Now, the Orange County Register reported Dec. 8, the jury has found Jeffrey David Kirby, 53, guilty of vehicular manslaughter with gross negligence while driving under the influence, as well as a sentence enhancement for causing great bodily injury. The victim, TapouT clothing company owner Charles Lewis Jr., was allegedly racing with Kirby in high-powered sports cars when his Ferrari hit a pole and literally split in two. The crash also seriously injured Lewis's girlfriend, Lacy Lynn White. Kirby, of San Clemente, was acquitted on another charge of leaving the scene of the accident.

Lewis and Kirby were allegedly racing up Jamboree Road, Lewis in a 2004 Ferrari and Kirby in a vintage 1977 Porsche. Newport Beach police officer Jonathan Sunshine happened to pass by at the time of the crash. He said he saw two sets of headlights approaching fast, then one vehicle slammed into a concrete pole and shattered. Lewis was killed instantly and White was thrown from the vehicle. Kirby's vehicle stopped for a few seconds, then drove on and was found a few blocks away. Tests later discovered marijuana in his system and a 0.13 blood-alcohol content, two hours after the crash. This is his second DUI. Lewis had no drugs or alcohol in his system. Prosecutors claimed a drunk Kirby lost control of his Porsche and spun out, knocking the Ferrari into the pole. Kirby and his attorney argued that Lewis's speed was responsible for the crash.

As Newport Beach drunk driving criminal defense attorneys, we don't often see cases where a driver is criminally prosecuted for a crash that doesn't directly involve his vehicle. We suspect that more evidence was available in court than the Register presented, and we'd certainly need to see that evidence if we represented Kirby. In fact, one thing that struck us about this article was the lack of emphasis on Kirby's role in the crash itself. There's a lot of evidence that Kirby made other irresponsible choices -- drinking and driving and racing -- but none of this makes him guilty of crashing Lewis's car. In fact, if the two drivers were racing and speeding, both of them would be responsible for that choice and its consequences.

Continue reading "Driver Found Guilty of Killing MMA Clothing Entrepreneur in High-Speed DUI Crash" »

As Garden Grove domestic violence criminal defense attorneys, we were disappointed to see an article on serious domestic violence charges against an ex-policeman. James Roberts III, 34, pleaded not guilty Nov. 30 to 20 charges stemming from violence against the women in his life, according to the Huntington Beach Independent. Roberts was an officer with the Huntington Beach Police Department during the alleged assaults against his former wife and an alleged former mistress. He was arrested in September of 2009 and placed on administrative leave until he was fired in April of this year. He is accused of domestic battery, false imprisonment, criminal threats, vandalism, aggravated assault, rape, forcible sodomy and possibly more. If convicted on all counts, he could be sentenced to as many as 23 years in prison.

Neither woman is being identified due to the sexual assault charges. However, the newspaper reported on testimony by the ex-wife about the violence he allegedly committed against her in 2007 and 2008. After a confrontation over her texting other people became violent, she said, she fled to the guest room and tried to brace the door shut with her body. She said Roberts overpowered her, breaking the door down and knocking her onto the ground with his force, hurting her face. She then tried to run to their son's room, but couldn't get the door closed fast enough to keep Roberts out. She testified that he then grabbed her by the hair and raped her on the floor of the room. A defense attorney for Roberts also testified, saying a bruise on the woman's arm contradicted her previous testimony and that she had sent messages to Roberts suggesting she wanted to reestablish a relationship.

As Chino domestic violence criminal defense lawyers, we find that many people aren't aware that it's legally possible to rape your spouse. In fact, the California criminal code contains language specifically indicating that sexual assault against someone you are married to is still sexual assault and carries the same penalties. However, of course, the prosecution must still prove that the act was sexual assault, which may be why the criminal defense attorney for Roberts is introducing the messages between them into evidence. As with many domestic violence cases, much of the conduct described in the article likely happened without other witnesses, so defense lawyers must show consent or a romantic relationship through circumstantial evidence. The photograph of the bruise on the woman's arm may also help establish that her testimony is not trustworthy, if that testimony contradicts the physical evidence.

Continue reading "Former Officer Pleads Not Guilty to Domestic Violence Against Wife and Mistress" »

Our San Clemente drunk driving criminal defense lawyers were saddened to read about the sentencing of a teenager for causing serious injuries to a toddler and his grandfather. The North County Times reported Nov. 29 on the sentencing of the teen, who was not named because of his age, in an intoxicated driving crash that left Izaiah Wallis, 19 months, paralyzed, blind and brain damaged. The child's grandfather, 50-year-old Abraham Verde, suffered a broken ankle in the crash. The teen pleaded guilty to being both drunk and high on marijuana when he hit the two. The probation department recommended a year in juvenile detention for the teen, but the prosecutor asked for and received the harshest sentence available for juveniles: 480 days in detention followed by probation until age 21. The teen cried at his sentencing and said he wanted to change his ways.

It was 9 a.m. on a school day when the boy crashed his parents' SUV into the grandfather and grandson, throwing Izaiah out of his stroller. Directly after the crash, the teen had a blood-alcohol content of 0.20 and marijuana in his system. The only previous offense on his record was a ticket for driving without a license. In the crash, Izaiah's skull was separated from his spine, leaving him with severe neurological damage that took away his ability to walk and to eat independently. He has undergone five surgeries and is scheduled for a sixth. Izaiah's parents are disappointed that the teenager could not be tried as an adult for the charges he faced, felony driving under the influence and a sentence enhancement for causing great bodily injury. His father, 21-year-old Jacob Wallis, hopes to push for an "Izaiah's Law" expanding the penalties for which juveniles may be tried as adults.

As Murrieta DUI criminal defense attorneys, we cannot agree. It's difficult to argue with a family that has suffered such a terrible and unnecessary loss, but we do not believe that trying juveniles as adults would help them get justice. For one thing, the newspaper noted that an adult guilty of the same crime would likely get a similar sentence. A sentence of 480 days is just under a year and four months; sentences for DUI manslaughter can be similar, starting at 16 months. More importantly, as the newspaper says, the juvenile justice system is designed for rehabilitation. Juvenile detention has built-in tools to help teens turn their lives around, including mandatory school attendance. By contrast, the adult system is focused on punishment. And as one court employee says in the article, teens who are tried as adults are much more likely, statistically, to offend again -- that is, adult prison can turn kids into adult criminals.

Continue reading "San Diego County Teenager Sentenced to 480 Days in Jail for DUI With Serious Injury" »

Our Torrance drug possession criminal defense attorneys were interested to see a report about an unexpected effect of the Transportation Security Administration's new body-scanning machines: drug detection. According to celebrity gossip website E!, old-school hip-hop artist Kurtis Blow was caught carrying a small amount of marijuana Dec. 2 as he passed through Los Angeles International Airport. Blow, 51, is considered a pioneer in rap and was the first rapper signed to a major label. That did not impress the TSA, which saw a suspicious anomaly in his pants as he passed through the body scanner machines. Agents ordered a pat-down, which led to the discovery of marijuana. Because the marijuana was found in California, however, the TSA confiscated it and wrote him a ticket for possession of less than an ounce, then sent him on his way.

This is one of the first high-profile drug possession cases to hit the media after California reduced marijuana possession to a ticketable offense. Prior to October, possessing an ounce of marijuana or less had already been a misdemeanor with no jail time. However, California reduced the penalties still further this fall, moving possession of less than an ounce from a misdemeanor to an infraction, similar to a traffic ticket. This means people cited for possession alone will no longer have a criminal record, may not have to appear in court and do not risk arrest. They will still pay up to $100 per ticket as a fine, however. When the bill was signed, the governor said it made sense to reduce the penalties since prosecuting possession of less than an ounce was a waste of state resources.

As Chino drug possession criminal defense lawyers, we strongly agree. As the Proposition 19 campaign pointed out, marijuana possession crimes cost the state millions of dollars to find, prosecute and penalize. That's far too high for a crime that, in its pure form, doesn't really have a victim. Simple possession of marijuana, like simple possession of beer, does not pose a threat to the people around the accused. In fact, there's nothing to say that Blow was even intoxicated at the time of his arrest. Furthermore, studies have shown (and recently reinforced) that minorities are disproportionately likely to be arrested for possession. Without a demonstrated threat to society, possession alone belongs at the very bottom of police agencies' priority list, if it is on the list at all.

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As Long Beach drunk driving criminal defense lawyers, we were interested to see a report about a celebrity's DUI sentencing. Faith Evans pleaded no contest to misdemeanor DUI charges stemming from a stop at a DUI roadblock in Los Angeles earlier this year. Evans is a Grammy award-winning singer who is also famous as the widow of The Notorious B.I.G., Christopher Wallace, whose murder is still unsolved. Evans has no previous DUI record, but does have a drug possession arrest from 2004, when she and her more recent husband, a record company executive, were stopped in Atlanta and found with marijuana and cocaine. That prosecution ended when both successfully completed drug treatment in lieu of other penalties.

According to television station KTLA, Evans was stopped at a drunk driving checkpoint in the Marina del Rey section of Los Angeles, on the night of on Aug. 21, 2010. The report did not say how she was stopped or what her blood-alcohol concentration was, but the stop led to her arrest on misdemeanor DUI charges. Her car was impounded and she was held by police until the following morning. In December, Evans pleaded no contest to the charges, suggesting that she did not believe she could fight them. The judge in her case sentenced her to three years of probation, during which she will not be permitted to drive with any measurable amount of alcohol in her blood, including amounts below the legal limit. She will also pay a $300 fine and take three months of alcohol education classes.

Even though this is a high-profile case involving a celebrity, this sentence is not at all unusual in the experience of our Azusa DUI criminal defense attorneys. For a first offender who did not get into any accident, probation is typical. However, it would be interesting to know more of the circumstances surrounding her arrest, because some of them could change how the case could best be defended. Despite the Fifth Amendment's protections against unreasonable search and seizure, courts have decided that it is legal to pull drivers over randomly at a DUI checkpoint. However, that doesn't mean that police officers have the freedom to violate any other civil rights. Drivers can sometimes get a drunk driving charge dismissed based on those violations, or reduce the charges substantially, making police conduct an important part of any case.

Continue reading "Singer Faith Evans Sentenced for Drunk Driving Arrest at Marina del Rey Checkpoint" »