California Criminal Lawyers Blog

The case of missing body parts found in the hills near the Hollywood sign have both captivated and terrified local residents. The Los Angeles Times recently reported that police were able to identify the victim.

Los Angeles murder cases are different than other criminal offenses. While every defendant deserves a fair trial, suspects facing allegations that they killed another person must be assured they are getting the best possible representation.

Los Angeles Criminal Defense Attorney Vincent Howard recognizes that murder is the most serious charge on the books in California and the only charge that can be punished with death by lethal injection. When a person's life has been taken and when another person's liberty, and possibly life, is on the line, it is a serious situation.

In this case, the Times is reporting, police were recently able to identify the victim whose body parts were found in the hills near the Hollywood sign. People walking their dog found the man's head after their dogs were seen playing with a plastic bag that contained it.

Once police were called, they brought in dogs specially-trained to find bodies, which led to the discovery of two hands and two feet that were buried just under the surface of the ground. Authorities have yet to find the rest of the remains.

But they were able to identify the man, likely through fingerprint analysis. The recent news articles haven't reported how police were able to identify him, but they say he is a 66-year-old man from Los Angeles who frequently walked his dogs in the area where his body was found.

Like others in the area, Los Angeles Criminal Defense Attorney Vincent Howard has been following this case from the time it broke to see how authorities would handle the situation. Without an identity, they would have had little way of solving the crime, but figuring out who the man is is a big break.

According to the most recent reports, after identifying the man, police saw that his boyfriend reported him missing eight days before his head was discovered. They then went to the apartment they shared to gather more information.

Friends and family told police they had been in touch with the man until Dec. 26, when he left the couple's apartment. They still heard from him until Jan. 4. It wasn't for five days that his partner reported him missing.

Los Angeles Criminal Defense Attorney Vincent Howard believes this will get police interested, even if there's no proof that this person is responsible. Any time a person goes missing, close relatives are going to be the first to be examined by detectives. In most murder cases, the victim knows the suspect. It is rare for random killings to take place.

Adding fuel to the fire is that a neighbor told police and the newspaper that the man and his partner were in a fight weeks earlier and he was able to hear screaming and yelling and what sounded like furniture being moved around. Police seized a vehicle and executed a search warrant at the apartment, asking neighbors when garbage service would be.

This shows that they are honing in their investigation on that apartment. If they can find blood samples that match the victim inside the vehicle -- which could have been used to transport the body -- or evidence that blood was cleaned up in the apartment, it could spell problems for the partner. But this is all speculation.

It would take a massive amount of privacy and the right type of equipment to chop up a human body. This is not something that the average person can do, which is a roadblock police could face. The fact that no one has come forward saying they saw anything suspicious is a bad sign for detectives.

This is a complicated case and one that may not be solved. Even if police make an arrest, that's not a conviction. A murder defendant must be able to confront all witnesses and examine all evidence. In this case, both of those things will be critical.

Continue reading "Body Parts Case: Police Must Have Strong Evidence in Los Angeles Murder Cases" »

Actor John Travolta's classic Mercedes-Benz was stolen last year and police have arrested two men they believe were involved in a Los Angeles car theft ring.

Los Angeles Criminal Defense Attorney Vincent Howard recognizes that California has a bad reputation for crimes, especially auto theft. For that reason, many law enforcement agencies have poured money into specialized units that are designed to target this area of crime.

But auto theft charges can be difficult to prove unless the person is caught red-handed when trying to break into the vehicle or pulled over after the automobile has been reported stolen. Otherwise, police may rely on less-than-credible witnesses, including convicts and possibly co-defendants, to try to get a conviction.

According to Forbes, eight of the 10 worst cities nationwide for auto theft are in California and the other two are in Washington. But those rankings are based on crime rates, which take into consideration population figures. Some analysts believe that Los Angele is one of the worst places for auto theft, but because of the high population figures, the city doesn't make most rankings.

Police have said that Southland has a large number of theft rings and people who buy cars to chop them up for the parts to ship to other countries. Other parts may be sold in-state or shipped outside of the state's borders. This is a large, black market business and many people consider it their employment to steal cars for the parts.

But as Los Angeles Criminal Defense Attorney Vincent Howard knows all too well, California Penal Code 487 treats auto theft in some cases as a misdemeanor, but more likely as a felony. According to the law, a person who steals a vehicle can be punished either by up to one year in jail or up to two to three years in prison.

The prosecutor will have the discretion to charge the suspect either with a misdemeanor or a felony. Some of the factors that may go into that decision include the facts of the case, including whether there was any force or weapons used, how the crime was allegedly committed and other facts. Also, the defendant's criminal history usually is a factor in how the state intends to punish the person.

But a person who buys a stolen car from someone can also face charges. Even if they aren't aware the goods are stolen, they can face a charge of up a year in jail or a maximum of three years in prison, plus a fine. The state has many options when it comes to theft charges, so defendants should beware.

According to the Los Angeles Times, two men were arrested after the actor's classic car was recovered by a special unit designed to investigate auto theft. Police say the car was stolen last September after Travolta left it parked in a Santa Monica residential street for about 10 minutes.

Police say they got video of the theft and through an investigation were able to find that there was a theft ring designed to target classic cars and older-model muscle cars. In total, police say they were able to find eight stolen vehicles as well as various parts from other vehicles. Proving who stole those cars and parts could be a challenge, however, Los Angeles Criminal Defense Lawyer Vincent Howard believes.

CBS News is reporting that one of the men faces charges of two counts of grand theft auto as well as a probation violation for a previous petty theft case. His co-defendant pleaded no contest to one count of grand theft auto and is serving a 16-month state prison term.

Continue reading "Two Men Arrested for Los Angeles Theft of John Travolta's Classic Car" »

The recent arrest of a former Marine on charges that he stalked and killed four homeless people has calmed the fears of many in the homeless community, which had been on edge.

But Santa Ana Criminal Defense Lawyer Vincent Howard believes this is a case that could be difficult to prove, as are many "serial" crimes. In order to charge one person with many crimes, authorities must have sound evidence linking them.

Often, police and prosecutors in Santa Ana murder cases will try to show a similar "motive" or "pattern" that they believe is proof that a single person is involved in multiple crimes. But that's simply not enough proof.

That's because, as Vincent Howard has seen many times before, the news media is often able to dig up enough information on a case -- from police, family members, witnesses and "inside" sources -- that they can broadcast to the world what really happened. This can inspire copycats who are watching television or reading in the newspaper.

If police rely solely on their suspicion that one person is responsible for the crime, this doesn't result in real justice. There must be physical evidence, such as fingerprints and DNA, or ironclad witness testimony that shows the person police suspected to be responsible really committed the crime.

This is a common problem in Santa Ana burglary cases as well. Burglary is a crime that is often committed over and over by a single suspect, so police typically are looking for patterns when they receive multiple reports of burglary in a certain neighborhood or committed in a certain way.

Santa Ana prosecutors recently said that the man they have arrested and charged with killing four homeless men is scheduled to make an initial court appearance soon, the Los Angeles Times reports.

His Santa Ana murder defense lawyer told the newspaper that the man sleeps in his jail cell most of the day. During their initial visit, he said his client was curled in a ball under a blanket, wearing just underwear. He said the man looked like a "scared, wet cat." The attorney said they had little conversation.

The man is being held in isolation on a psychological watch. He is being charged with murder with special circumstance, meaning he is eligible for the death penalty. The state alleges that he went on a killing spree, outlining the killings with graphic detail. They say the attacks became more violent over time.

Previous news reports indicated that he selected four men after he saw a news article about them. He allegedly stalked the men and stabbed them to death. Police are now saying the former Marine, who saw combat in Iraq, had selected future potential targets and thrived on the press coverage. The man's father is homeless.

Santa Ana Criminal Defense Lawyer Vincent Howard recognizes that this is going to be a large-scale media case, given the circumstances. That will undoubtedly be a factor with which the man's defense attorney will have to contend. More important though will be whether the state has any substantial evidence connecting these four brutal attacks.

Continue reading "Santa Ana Serial Killing Case Requires Experienced Murder Defense Attorney" »

The Press-Enterprise is reporting that three law enforcement agencies worked together to arrest a man with DUI as well as theft-related charges.

Santa Ana Criminal Defense Attorney Vincent Howard understands that Santa Ana theft charges can be complicated and can also lead to multiple felonies being filed against a single person.

It is often rare for police and prosecutors to charge a person with a single theft-related act because they are often suspicious of a person with theft-related charges and sometimes will attempt to file multiple charges, including possession of stolen goods, possession of burglary tools and other similar charges. Vincent Howard has seen the state file multiple charges against a theft suspect with little proof, but possibly only for the benefit of getting an advantage in plea negotiations.

In this case, authorities allege that the suspect not only stole a car, but also was driving it while intoxicated, leading to many criminal charges. The newspaper reports that a combined effort by the California Highway Patrol, Riverside police and Riverside County sheriff's deputies led to the arrest.

The newspaper says that the 23-year-old man was arrested on the 91 freeway near highway 241 in Orange County by highway patrol officers. Deputies attempted to pull the man over, but he allegedly drove off at speeds up to 60 mph in heavy traffic. Riverside police then took over the pursuit.

A police helicopter continued following the suspect, who headed west on the 91 freeway at Van Buren. CHP officers picked up the chase until the man stopped on the side of the road and he was arrested without incident.

The suspect now faces charges of vehicle theft, possession of stolen property, a felony charge of evading police as well as DUI. The car was reported stolen from Norco earlier in January, authorities said.

The news article doesn't state why police believe the man was driving under the influence of drugs or alcohol. It doesn't state if he was offered a breath test to take or if officers conducted a field sobriety test.

And while the man was reportedly driving a stolen vehicle, it's unclear how authorities will prove he is the one who stole it. It's certainly plausible that he bought the car from someone and didn't know it was stolen.

A point to make here is that it is never a good idea to get into a police chase. First of all, there is an inherent dangerousness to the situation. Driving at high speeds in high-traffic areas can cause injury or death to either the suspects or the police pursuing them.

If a person is injured or killed during a chase, it's likely going to lead to charges against the suspect. So, a person causing the chase could face murder vehicle homicide charges. Second of all, even if no one is injured, it's likely that the person will get caught. There are hundreds of officers on the roads and helicopters that can easily spot and follow suspects.

The odds of getting away are slim and once arrested, there will be charges filed including evading police and scores of traffic violations from speeding to swerving, improper lane changes, running red lights and many more. While most people who get into chases may have an outstanding warrant or believe they will be arrested for a crime, it is better to face those charges than be put in a position of adding more charges.

The best scenario is to get arrested, say nothing to police and then contact Orange County Criminal Defense Lawyer Vincent Howard to protect your rights and ensure you get a fair trial.

Continue reading "Man Charged With DUI, Theft in Orange County After Chase" »

In a strange prostitution case, a Los Angeles woman was recently arrested and charged with a Los Angeles sex case at a drive-thru window, the Los Angeles Times reports.

Los Angeles Criminal Defense Lawyer Vincent Howard is always amazed at the type of criminal news that comes out of this city. Despite years of experience handling hundreds of criminal cases, there is always something different.

According to the Los Angeles Times piece, the woman was charged with suspicion of prostitution after she allegedly began opening customers' vehicle doors in order to get them to give her food. Police say she is a common panhandler in the area of the Burbank restaurant.

One customer reportedly told police that the woman asked for Chicken McNuggets in exchange for sexual favors. The man told police he declined the offer.

Los Angeles Criminal Defense Attorney Vincent Howard believes that this case will come down to not only the witness statements, but perhaps the mental status of the defendant. Sadly, many people who are homeless are suffering from mental illnesses that have put them on the streets in the first place. For others, drug dependency is a common reason for their problems.

While drug use isn't a typical defense for crimes -- as courts have ruled that drugs can't be used as an excuse or defense of a crime -- mental capacity can be. In many cases, the mental competency of a defendant comes into play.

Mental competency deals with the defendant's ability to understand the criminal justice system, how it works, the possible penalties they may face if convicted as well as how the system works -- the roles of the judge, jury, prosecutor and defense attorney. For many people suffering from mental illnesses, they can't comprehend these things.

The job of an experienced Los Angeles criminal defense attorney, such as Vincent Howard, is to look not only into the facts of the case as presented by police, but also into the defendant. Often, there are factors that can make a real difference in the case. A bit of digging on behalf of the defense attorney can benefit the defendant.

This is especially necessary in Los Angeles sex cases because of the intense penalties involved. While prostitution charges are most often filed as a misdemeanor, sex crimes are a on a downward plane. This means that they sometimes can be charged as misdemeanors or upgraded to felonies.

Either way, some Los Angeles sex crimes can lead to registration as a sex offender, which can be disruptive for years or up to life, depending on the classification of the crime. Being a sex offender requires a person to always tell law enforcement where you're moving to or from and be put in an online database that is searchable by anyone in the world. It includes name, picture, address, identifying marks and even the charge the person was convicted of committing.

Continue reading "Los Angeles Woman Allegedly Offers Sex for Chicken McNuggets" »

A tragic case was reported in Los Angeles recently, when police revealed that a local soccer star was killed in his front yard following a big soccer match, the Los Angeles Times reports.

Now, police have arrested and charged two people with murder in Los Angeles . Los Angeles Criminal Defense Attorney Vincent Howard recognizes that this is a sensitive matter. All murder cases are. But because of the severity of the accusations, the state must have strong evidence.

Murder in California can lead to life in prison or the death penalty in the most egregious cases. They are the most serious penalties on our books, and therefore the most care should be taken when the state prosecutes.

This means that the state must not rely on poor eyewitness testimony and shaky circumstantial evidence. Circumstantial evidence is when assumptions are made as to the defendant's guilt, without strong proof through physical evidence, such as DNA, fingerprints or the murder weapon found on the person.

Unfortunately, this happens a lot. If police make an arrest for murder, the state does all it can to try to prove it and make the charges stick. This isn't to say they are always doing something unethical in murder cases. But sometimes, they use less-than-credible evidence in trying to convict someone of murder.

Not every case is perfect, but that's why the criminal justice system is so important. There are checks and balances in place so that people don't get convicted without strong evidence. Los Angeles Criminal Defense Attorney Vincent Howard has seen many charges be filed by prosecutors who don't have strong evidence.

This is where reasonable doubt comes in. Reasonable doubt means that if a juror believes there is any doubt that the person is guilty, they must vote not guilty during deliberations. If there are any gaps in the state's case, the person is to be set free. Those are the rules we must follow, and jurors shouldn't make assumptions when determining whether a person's liberty should be permanently stripped.

In this case, the 17-year-old soccer player had just returned to his home after a soccer game. Police say a girl knocked on his front door and moments later he was shot to death.

Authorities believe the motive for the shooting was a love triangle. Family members said the girl who knocked on the door had red hair and that they didn't recognize her. They said that shots came from a sport utility vehicle that was parked in front of the house. It's unclear if the girl was part of a setup.

Los Angeles Criminal Defense Attorney Vincent Howard believes it is hard to assess this case with so little information being known at this point. Officials haven't released much information yet. If the motive was a love interest, it's likely that witnesses may end up being teenagers, whose statements must be scrutinized for accuracy, as with all witnesses. Either way, this is a tragic case.

Continue reading "Two Charged In Los Angeles Murder of High School Soccer Player" »

The co-founder of Pinkberry Frozen Yogurt was recently arrested at Los Angeles International Airport on an outstanding warrant alleging he beat a homeless man last June, ABC News reports.

Young Lee now faces a Los Angeles assault charge after allegedly chasing down a man who approached his car and asked for money. Police allege that Lee and another man chased the homeless beggar down and beat him with a tire iron, causing the man to be hospitalized.

Los Angeles Criminal Defense Attorney Vincent Howard recognizes that assault charges don't usually make the news, but when a celebrity is involved, they get propelled to the top of the newscast and to the front page. This can make defending a case more difficult.

But an experienced criminal defense lawyer knows how to use the news media to the advantage of the defendant, like the police and prosecution typically do. When a story is first reported in the news, it is usually heavy on facts that are pro-police and anti-defendant.

That is a fact of life that every defendant must face. But some criminal defense attorneys, Vincent Howard has noted, choose not to address the news media when approached for interviews. In some cases, providing interviews can be beneficial to the client. It depends on the circumstances.

In this case, Lee, the co-founder of the low-calorie dessert chain, faces a felony charge after being arrested at the airport. Officers from the LAPD Fugitive Warrants Task Force made the arrest and bail was set at $60,000.

The business started in 2005 in Los Angeles and now has become a worldwide chain, based on its popularity and it being featured in television shows. Lee is a former kick boxer and bouncer from Korea, where his founding partner is also from.

Police say witnesses reported the incident to police, including the license plate of the vehicle that was rented in his name. Police said they seized the tire iron from the vehicle and witnesses were able to pick him out of a police photo display, leading to the active warrant.

Los Angeles Criminal Defense Lawyer Vincent Howard knows how much police rely on witness statements and accounts to make arrests, especially in cases where they are searching for a suspect. He also recognizes that witnesses are inherently unreliable in their identification of suspects.

People simply don't regularly get a good look at a person committing a crime, even if they think they do. Things happen quickly, they may be nervous or in fear of their own safety and perhaps they put pressure on themselves to tell police what they want because they want their community to be safe.

All of these are factors that lead to misidentification. This is one of the leading causes of overturned convictions in this country. Yet police feel they have no choice but to trust in these lay witnesses. A defendant shouldn't become a convict if there is shaky eyewitness testimony. Police must have stronger evidence.

Continue reading "Pinkberry Frozen Yogurt Co-Founder Charged With Los Angeles Assault" »

A recent Pennsylvania case shows that even in Los Angeles firearms cases, police must have a solid case before making an arrest.

Los Angeles Criminal Defense Lawyer Vincent Howard recognizes police sometimes make mistakes. We all do. But the mistakes law enforcement officers make can lead to criminal charges that could affect a person for their entire life. An arrest isn't a conviction, but it can still mar a person's record.

Cases involving guns or other types of weapons in Los Angeles can lead to significant penalties, depending on the circumstances of the case. In many situations, prosecutors stack as many charges as possible against a defendant in order to gain an advantage in plea negotiations.

While many cases end up going to trial, in most areas, 95 percent or more of criminal cases end in a plea deal. So, if the state files many charges against a defendant, all with varying maximum penalties, it gives the prosecution the option of offering a medium-range prison deal and forcing the defendant to decide whether or not to gamble on a trial.

But in some cases, the police don't even have good cause to file charges in the first place. Los Angeles Criminal Defense Attorney Vincent Howard believes that seems to have been the case in United States. v. Huet, a Pennsylvania case where a woman was charged with a crime simply because her boyfriend was.

According to court records, in 2008, a federal grand jury indicted the woman and her boyfriend. He was charged with two counts of possession of a firearm by a convicted felon and she was charged with knowingly aiding and abetting the possession of a firearm by a convicted felon.

Within two years, the boyfriend entered a plea to a charge of possession of a firearm by a convicted felon. Later in 2010, the court dismissed the third count of the indictment -- against the girlfriend -- and federal prosecutors appealed.

The case stems from an FBI investigation into a man who was trying to buy illegal guns and explosive devices for criminal activities. During the investigation, undercover agents met the boyfriend and girlfriend, who lived together. In the nine months, agents found evidence connecting the couple to criminal activities.

During a search after a warrant was secured, agents found two weapons in an upstairs bedroom. The girlfriend was legally permitted to possess a firearm, but her boyfriend was convicted in 1999 of a crime that prohibited from owning another firearm. After learning of the raid, the girlfriend said the guns were hers, but agents made the arrests anyway.

The woman's defense attorney sought to dismiss that count of the indictment, which provided no information about how she "aided and abetted" her boyfriend to own the weapons. A judge agreed and dismissed the charge against her.

Yet, despite the lack of evidence against the woman, an appeals court reversed the lower court's dismissal, writing that there was sufficient evidence for the charge to go forward and it wasn't a violation of the Second Amendment right to bear arms. Los Angeles Criminal Defense Attorney Vincent Howard hopes that this case is appealed further because according to the text, it appears there was little evidence proving who actually owned the weapons.

Continue reading "United States v. Huet Shows That Police Must Have Probable Cause to Make Los Angeles Arrest" »

We've all seen the television police dramas when detectives bang on tables and make threats to suspects who aren't cooperating with their questioning. Many of us believe it is just Hollywood.

But for many suspects, they face the harsh realities of being a target of police interrogation. This is especially true in Los Angeles murder cases. Detectives so desperately want a conviction, they will do just about anything to get it.

Los Angeles Criminal Defense Attorney Vincent Howard realizes there may be enormous pressure on police to catch a killer. But he also believes suspects' rights must be upheld when police are looking at them for a crime. Abuse, violating their Constitutional rights and other misdeeds will get officers nowhere and could cost them their jobs.

A recent Illinois case, Aleman v. Village of Hanover Park shows just how terrifying and disruptive police interrogations can be. The court records also show that police will lie, make unethical decisions and trample upon people's rights to try to solve a case.

In this case, Aleman had operated a home day care for about five months when an incident happened one September day in 2005. On that day, a young mother dropped off her 11-month-old son, whom she noted had been lethargic and feverish. Just after he was dropped off, the boy began gasping for air and collapsed. Aleman performed CPR and called for an ambulance. The boy lived only a few more days before dying at the hospital.

Detectives asked Aleman to come in for questioning and he and his wife traveled to the police station. He was placed in an interrogation room and made to wait nearly an hour before he asked if he could leave and return later. They said no because he was under arrest. He waited another five hours before detectives finally entered the room.

They told the man he had the most information and they wanted to talk to him. This was after they had told him he was under arrest, yet hadn't read him his Miranda rights. They began a Miranda form for him to sign and the man wisely asked to call his lawyer. Los Angeles Criminal Defense Attorney Vincent Howard advises all defendants to seek legal counsel before police questioning. You'll see why later.

Police told the man they wanted him to sign a rights waiver, but the man insisted on calling his lawyer. During that conversation, one of the officers picked up the phone and talked to the lawyer, who said the man was going to remain silent. But the Supreme Court has ruled that the defendant must invoke that right, not another person.

Police continued to try to get the man to talk, but he said he wanted to go home. They told him he couldn't go home unless he talked to them. Eventually, they got the man to crack and they talked to him for four hours. His only admission, according to court records, is that he may have shaken the baby too hard, after police told him he was responsible for the death.

But what later came out is a travesty, Los Angeles Criminal Defense Attorney Vincent Howard believes. Prosecutors found out another detective lied to the medical examiner to get her to change her opinion about whether Aleman could have caused the death. That same detective spoke with the boy's mother, who had a history of violence and disdain for her son, and told her not to talk to other detectives.

Eventually, charges were dropped against the man and he sued the town and its police department -- but not before his reputation was ruined. Los Angeles Criminal Defense Attorney Vincent Howard believes this case shows an extreme example of police misconduct. But variations of this type of situation aren't that uncommon. We look to defense attorneys and the justice system to right these wrongs.

Continue reading "Aleman v. Village of Hanover Park Shows Aggressive Nature of Los Angeles Murder Investigations" »

Four people were recently arrested after law enforcement raided a warehouse and found nearly $250,000 worth of stolen trademarked plastics products, the Los Angeles Times reports.

Theft crimes in Los Angeles can vary widely, depending on the allegations, the amount of the property taken, whether any other people are involved and whether guns are alleged to be involved. California law lays out an extensive list of crimes and potential penalties for theft, which can range from probation to decades in prison.

Los Angeles Criminal Defense Attorney Vincent Howard understands that being charged with a theft crime in Los Angeles can be a life-changing situation. For many people, being thrust into the criminal justice system can be intimidating and filled with many unknowns.

For one, a suspect should be represented at all times. This starts the moment the police want to question a person. The defendant shouldn't make a statement at all before consulting with an experienced attorney, like Vincent Howard. This applies to any crime, from a common drug charge to a murder case.

In this case, officials with a law enforcement task force that deals with plastic theft were doing a compliance check at R and P Industries and found mounds of stolen items, police officials reported. They found stacks of what they are saying were stolen plastics that were trademarked, including crates, pallets, bread baskets and collapsible totes.

Police reported they also found 60 bags of plastic grind -- each weighing 2,000 pounds -- on the site, as well as tools used to grind plastic. The 50-year-old business owner and three employees -- ages 23, 26 and 36 -- were arrested. All the men are from Los Angeles.

Authorities have charged them with illegal possession of trademarked property and possession of stolen property. Each is being held on $20,000 bail. The newspaper reports that the plastic grinding industry is big in Los Angeles.

People commonly steal plastics from manufacturers, including stores such as Wal-Mart, and bring them to recycling companies. They then grind the pieces of plastic they purchase from the public into fingernail-sized chips. Those chips are then sold to manufacturers or sent to China, the newspaper reports.

In this case, the definition of possession is going to come into play. What must be proven beyond all reasonable doubt is who actually possessed that stolen material and who had knowledge of it.

Imagine working at your company and having police storm in and arrest you all for "possession" of stolen goods even if you didn't know that what was in your building was stolen. How police prove who had knowledge of the stolen goods and who didn't is often a major task. Los Angeles Criminal Defense Attorney Vincent Howard believe that these people all need strong legal representation in order to ensure the true facts come out.

And in a case like this, police must prove that the property in question was actually stolen. Who's to say the company didn't buy the property it intended to grind down? The news article doesn't have many details, but it's likely this information -- if it exists -- will come out later in the case. In the meantime, these four men must face the difficult task of dealing with major criminal charges hanging over their heads.

Continue reading "Four Arrested After $250,000 Worth of Stolen Plastic Products Found in L.A." »

Los Angeles Criminal Defense Attorney Vincent Howard recognizes that some attorneys can give bad legal advice. This is a job that requires attention the entire time, without exception.

When a person has been charged with a crime, whether it be murder in Los Angeles, a sex offense, robbery or even a DUI, there are many potential penalties in play, which means a person needs an advocate and someone who can provide strong criminal defense advice throughout the case.

In Ken. v. State, a court ruled that didn't happen. In fact, the advice was so poor it resulted in the man getting a new trial.

In 2009, the man faced charges of aggravated assault and attempted first-degree murder after a woman told police that a man had fired a gun at her, her son and her fiance in the parking lot of an apartment complex. After providing a description of the man and a license plate of the vehicle. The incident, which happened in July 2008, started when the couple pulled into a parking space aside the man's vehicle. After the fiance made a derogatory comment, words were exchanged. As they walked away, the man shot at them and fled.

Within 40 minutes, police in Utah stopped a similar vehicle and after searching the vehicle, found a semi-automatic handgun. Police questioned the passenger of the vehicle, who said she was sitting in the car when the incident happened. She told officers that she was listening to music and didn't hear a gunshot or any argument goign on outside of the vehicle. She told police she didn't know her boyfriend had a gun until she saw it after he got back into the vehicle.

According to court records, Ken spoke with police and said that he and his girlfriend were arguing in their car when he heard people in the truck that parked next to them yell and thought it was directed his way. He got out and fired a bullet into the sky. He then pointed his weapon at the man, but moved it to the side and fired again. The defendant then shot at the man, striking him. Police discovered two casings and bullet holes each after combing the area.

A day into trial, the man's lawyer discovered that the fiance had previously been convicted of battery a few months before the incident for picking a fight at a bar, which coincided with the self-defense theory. He asked to re-call the fiance because he had already testified. The court requested that a hearing take place.

After the state rested its case, the defense presented its case and then rested. The jury was removed and the judge asked lawyers if they wanted to re-call the fiance as a witness. But the lawyer told the judge it was too late to investigated the battery incident, even though the judge intended to allow the defense to bring the witness back into the courtroom for questioning.

The defense them reiterated that the case had already been rested. Los Angeles Criminal Defense Attorney Vincent Howard believes that this was a missed opportunity because the judge was offering the defense an opportunity to bring in that critical piece of evidence.

The jury returned a guilty verdict and the man was sentenced to life in prison for the attempted first-degree murder charge and a term of two to six years on aggravated assault. Seventeen days after the deadline for such a motion, the man's defense attorney filed a motion for judgment of acquittal, which was denied because of the missed deadline.

On appeal, based on these errors, the defendant was awarded a new trial on the charge of attempted first-degree murder. Los Angeles Criminal Defense Lawyer Vincent Howard sees this as a criminal justice system victory because while bad errors were made, the appeals process worked and the wrong was corrected.

Continue reading "In Ken v. State, Los Angeles Criminal Defense Lawyers Must Be On Their Game" »

The great thing about the Fourth Amendment, Santa Ana Defense Attorney Vincent Howard believes, is that police can't just pull you over or knock on your door without a reason.

This protects the average citizen from Santa Ana drug charges or an arrest for murder or even DUI in Santa Ana if police don't have any good reason to investigate.

In State of South Dakota v. Shanna C. Starkey, the South Dakota Supreme Court ruled that when police pulled her over for allegedly evading police, they didn't have probable cause. So, even though she was charged with DUI, the charges were dropped when evidence they collected was suppressed.

In any criminal case, police must have what's called probable cause in order to even begin an investigation. This is a reasonable suspicion to believe someone is committing a crime. For drivers, it means an officer must have a good excuse to pull a vehicle over in the first place. From Santa Ana Defense Attorney Vincent Howard's experience, in DUI cases this typically means if a person is speeding, swerving, runs a red light or stop sign or otherwise drives erratically, they get pulled over.

For other types of crimes, this could boil down to officers busting into a person's house or business in search of evidence of a crime. Typically, this requires a search warrant that is signed by a judge, but in some cases even the affidavit in support of a search warrant is flawed, giving police access to a place on bad terms.

In this case, according to court records, police pulled over Shanna Starkey last July because they believed she was trying to evade them. An officer was on patrol when he stopped at a red light. A vehicle behind him left a parking place and pulled behind him, stopping four to five car lengths behind his cruiser, though there were no cars and no traffic in between them.

When the light turned green, the officer drove straight, but the woman turned left. The officer decided to follow the vehicle, turning left at the next two intersections to try to find the woman. Stopped at a stoplight, he found the woman and followed. She drove into a church parking lot, through an alley and down several streets until she came back in front of the bar where she started.

The officer followed and pulled the woman over, saying, "Looks like you're doing a lot of work trying to avoid me," and he arrested her for driving under the influence.

This is where Santa Ana Criminal Defense Attorney Vincent Howard would file a motion to suppress evidence and that's exactly what the woman's defense lawyer did. The court ruled in favor of the woman, stating that there were no traffic violations that should have prompted the pursuit. Simply being suspicious doesn't justify a police officer's stop.

In this case, however, the state's high court overturned the decision, writing that by attempting to evade police, the woman opened up herself to possible investigation and that the evasive driving created reasonable suspicion that "criminal activity was afoot."

Continue reading "Police Must Have Cause to Stop Car in Santa Ana DUI, State v. Starkey Shows" »

Prosecutors who have weak cases will often rely upon what's called circumstantial evidence in a Los Angeles burglary, robbery or even murder case.

This occurs when the state doesn't have physical evidence, such as DNA, or a person caught with incriminating evidence. Circumstantial means no one has hard proof, but it seems to some as if the person might be guilty.

But Los Angeles Criminal Defense Lawyer Vincent Howard believes that circumstantial evidence is unacceptable when trying to take away a person's liberty. When the state is attempting to put people in prison for years-long terms, the state must have solid proof, beyond all reasonable doubt.

In the case of South Carolina v. Odems,a man was convicted in 2005 on charges of first-degree burglary, grand larceny, criminal conspiracy and malicious injury, according to court documents. On appeal, he argued that the state didn't provide proper evidence of his involvement and the state's Supreme Court agreed, overturning his conviction. Los Angeles Criminal Defense Attorney Vincent Howard believes that this case highlights the bad faith attempts the state sometimes makes when convicting innocent people.

According to the court records, a woman stated a brown car she didn't recognize turned into her cousin's driveway and she called police, while still watching the car from across the street. Two men knocked on the door and one man later placed something in the trunk of the car. Once it left, the woman was unable to follow the car.

About 90 minutes later, deputies spotted a brown Cadillac. The deputy pulled the car over and ordered the driver out of the car. Two other men were inside the car at the time. As the driver spoke with the deputy and after saying his license had been suspended, all three ran.

Later, Odems went to a different woman's house and asked for a ride. She refused, but allowed him to use the phone. He told her that if police showed up, she should tell them he was her boyfriend, though she refused. He told her he was with someone who's license was suspended and that he had gotten pulled over and didn't want to get into trouble. Deputies arrived at the house and arrested all three men. This tells Los Angeles Criminal Defense Lawyer Vincent Howard that the man obviously didn't know about the burglary attempt.

After searching the Cadillac, police found items believed to be stolen from the original house, including $300 to $400 in cash, a camcorder, camera, watches and a gun. The total estimated value was more than $1,000.

Based on that evidence, the man was indicted and at trial, the man asked for a directed verdict of acquittal -- a move that allows the judge to dismiss the charges based on the evidence that has been presented -- but it was denied. He was convicted of the four charges mentioned above.

After reviewing the evidence and relevant case law on the matter, the South Carolina Supreme Court ruled that the state didn't have enough evidence to convict and that the court should have entered a direct verdict of acquittal in his favor at trial. Because the circumstantial evidence wasn't strong, the appeals court's decision affirming his convictions was overturned.

Continue reading "South Carolina v. Odems Proves Circumstantial Evidence in Los Angeles Burglary Cases Not Good Enough" »

A 35-year-old casting agent, who has played a roll in many large-scale Hollywood movie productions, was recently arrested on suspicion that he violated sex offender registry laws, according to the Hollywood Reporter.

There's no doubt that Orange County sex crimes are among the most discussed and hated crimes once they hit the news. These charges often are shocking and can lead to major sanctions, including years to decades in prison.

Orange County Criminal Defense Attorney Vincent Howard recognizes that these defendants do not garner a lot of sympathy in the community, but luckily these cases aren't tried in the media. Every defendant requires a solid defense when they get their day in court. No one deserves to get railroaded by the state simply based on the allegations.

This particular case shows that these crimes can follow a person for years or a lifetime, through the sex offender requirements laid out in California law. Jessica's Law went into effect in 2006 in California and that law requires sex offenders be tracked by law enforcement officials and prevents them from living within 2,000 feet of parks, schools and other places that children frequent.

The California Department of Corrections & Rehabilitation reports that there are nearly 92,000 sex offenders statewide, the most in the nation. Megan's Law, a 2004 work by lawmakers, deals with public access to sex offender information.

Combined, these two laws make it difficult for sex offenders to hide. In the registration system, they are tagged by name, photo, address, identifying marks and other information that gives them a virtual Scarlet Letter at all times. Anyone throughout the world can search for sex offenders. Based on the living requirements law, sex offenders -- even if the crime they were convicted of happened decades earlier -- are made to live a difficult life.

Unlike many crimes, where a person is convicted, serves their time and then is allowed to move on with life after their stint in prison is over, sex crimes can linger on for a long time. That's one reason to fight these charges aggressively.

In this case, the 35-year-old is now charged with failure to file a name change and change of address. Because of the way the law is written, someone who is forced to register as a sex offender must constantly stay in touch with law enforcement and must register when they make a change, including where they live. It's a constant inconvenience and as this case shows, it can lead to new criminal charges.

In this case, the Hollywood casting agent was working under a different name, but didn't list that in the Megan's Law sex offender registry, officials told the news media. The case was brought up after the Los Angeles Times detailed his work with children and adults after a 1996 molestation and abduction of an 8-year-old in Washington state when he was a 19-year-old college student.

He spent five years in prison and underwent sex offender counseling, the report states, and then moved to California in 2005. He registered in the sex offender database under his legal name, but began using a different name in movie circles. He faces up to three years in prison if convicted of the felony charge.

Continue reading "One-Time Sex Crime Can Lead to Years of Problems as Orange County Sex Offender" »

A Santa Barbara doctor has been charged by federal authorities in connection with several drug-related overdoses in recent years, the Los Angeles Times reports.

Painkillers have become the new drug charge in Los Angeles. While medical marijuana in California is always going to be a hot topic and cocaine, heroin, methamphetamines and other drugs are still problematic in society, pain pills have become a larger issue of late.

Experienced Los Angeles Criminal Defense Attorney Vincent Howard has seen the trends change over the years and has followed how pain medication, which can be obtainable by many different people, has become a target for abuse.

But not every person who is charged in these new drug cases is guilty. These are more complex than a person setting up a meeting and selling drugs to another person on a street corner. The dynamic has changed and so have the players. Yet, particularly since the death of Michael Jackson, the emphasis of law enforcement has led to unfair or unfounded allegations.

In these new cases, many of which are being handled by federal agents because they involved interstate commerce, there are scores of people involved and in order to show that there was some type of organized crime going on, authorities must prove all the people they charge knew of the scheme. The penalties levied by federal prosecutors can be more stringent than in state-level courts, yet Los Angeles Criminal Defense Attorney Vincent Howard is qualified to practice law in both venues.

In this case, authorities are charging a 63-year-old doctor with trafficking pain pills that resulted in the deaths of a dozen people. Federal agents allege that this doctor prescribed addictive and powerful painkillers and other drugs to patients who had no real need for the medications.

While the doctor isn't being charged with the deaths, authorities laid out instances in a 75-page affidavit of cases where people died after getting drugs from the doctor. In one case, doctors at a local hospital began keeping a spreadsheet of patients who said they got their medications from the doctor.

Twelve people -- ranging in age from 26 to 58 -- died after overdosing from drugs they got from this doctor, the newspaper reports. One of them died of natural causes, though drug abuse was listed as a contributing factor. Others who didn't die, but who were admitted to the hospital, told officials they would do sexual favors in exchange for drugs.

While there has been outrage from family members of the deceased, even other medical professionals have spoken out against the doctor, going to the state's medical board after treating patients who had gotten medication from this doctor.

The doctor said in previous interviews with the newspaper that he has dealt with angry family members for years, but said he has tried to assist patients whom he felt were in need of help. He said he feared that patients would go to the street to get drugs if he didn't provide them prescriptions.

This is certainly a sad situation all the way around and one that Vincent Howard believes will take a long time to sort out. This is a complicated matter and one that will require searching through medical records and examining all the facts. In this case, the case may come down to whether a jury believes the doctor or the family members of the patients who died. If the drugs were necessary, than it may be a tough case to prove. There are high stakes either way and a strong defense will be necessary.

Continue reading "Doctor Accused in Los Angeles Pain Killer Overdose Case" »

Driving under the influence is constantly in the news, in part because police want it to be that way. Statistics have shown that DUI nationwide is actually down dramatically in the last few decades. But law enforcement continues to wage a public relations battle against the crime, unlike violent crimes such as robbery, assault or sex crimes.

And yet DUI in Los Angeles is a crime that has more ways for a suspect to fight back and possibly beat the charges because it is a crime without exact sciences available to the state.

Los Angeles DUI Defense Lawyer Vincent Howard has defended many DUI defendants and these people come from all walks of life. They are teachers, police officers, students and even police officers. That's because it is a crime that doesn't discriminate.

DUI in Los Angeles is something that anyone, at any time, can face. It is not illegal to have a few drinks and then drive, but the situation can turn badly in a minute if an officer makes some observations that can lead to criminal charges.

Certainly no one advocates drinking and driving and drivers definitely must be responsible because a few too many can lead to a tragic situation. Such was the case recently, ABC 7 reports, when local comedian Angelo Bowers was killed after being struck by a vehicle at the corner of Yucca and Vine streets in Los Angeles.

According to police, a driver who was reportedly fleeing another accident nearby with a taxi cab, slammed into Bowers and friend Josh Meyers, who is also a comedian. Police said the 26-year-old was killed from the impact after having recently beaten a bout with cancer. Meyers is recovering from his injuries.

Police say the 21-year-old driver had previously crashed at the intersection of Hollywood Boulevard and Argyle Avenue five minutes earlier and had then collided with the car carrying Bowers and Meyers.

The driver's name wasn't released, but police say they intend to charge that person with murder once his condition improves. He, too, was being treated at a local hospital. Fans and friends have since come out with tributes to the comedians life and his work. And while Los Angeles DUI Defense Attorney Vincent Howard believes any loss of life is tragic, the facts must still be proven in order for there to be a conviction.

Few details have been released about the driver who is accused of causing the crash, why police believe he was drunk and what proof they have of that fact.

Cases like these are difficult because police must be able to show the driver was operating the vehicle at the time, that their blood-alcohol level was above the state's 0.08 blood-alcohol limit and that their actions caused the accident.

In this case, the accident itself will be the focal point of the case. Either through eyewitness testimony, video surveillance from traffic cameras or nearby businesses should be able to shed some light on what exactly happened.

In cases where one driver is found to have been drinking and driving, it's still possible that the other driver caused the crash. Remember, sober drivers cause crashes every day because of poor driving habits, distracted driving, speeding and other reasons.

That's why when such serious charges are being filed, authorities must make every effort to ensure with great proof that the charges are warranted. Even if an arrest is made and charges are filed, that's just the beginning of the story and Vincent Howard strives to ensure all the facts come out at trial.

Continue reading "Los Angeles Comedian Killed in Alleged DUI Hit-And-Run" »