California Criminal Lawyers Blog

Vandalism in Los Angeles is often not viewed by the public as a serious crime.

After all, there are offenses such as murders, rapes and robberies for law enforcement to contend with. The perception is that most vandals are teens who will typically avoid jail time anyway. Some even fancy themselves as misunderstood artists.

However, a recent case out of Santa Cruz should illustrate how serious the consequences of a conviction for vandalism in Los Angeles can be.

According to the Santa Cruz Sentinel, a man who was known as a "serial tagger" will spend the next nine months in jail, after he pleaded guilty to felony vandalism. Tagging is a way that graffiti artists sign their signature anonymously to their work. This can be through a series of letters, symbols, words or pictures. Because much of this artwork is done quickly, under cover of darkness and with artists using code names and symbols, it is difficult for law enforcement officers to prove that the person they have arrested is in fact the person who drew the graffiti. Having an experienced Los Angeles criminal defense attorney like Vincent Howard to represent you will give you the best possible chance of a courtroom victory.

In this case, the defendant was allowed to serve his sentence on a work furlough, but the judge upped his sentence by three months. This was reportedly due to the recommendation of a probation officer. The defendant was already on probation from an earlier conviction for graffiti when he was arrested again for being the hand behind even more illicit artworks.

In this case, the 20-year-old defendant was reported to belong to a crew of artists who tagged their work throughout the region. Police had identified more than 40 of the crew's tags in Watsonville and another 100 in Monterey County.

The prosecutor in the case was quoted as saying the man was deeply involved in the graffiti subculture and had never apologized for his alleged actions.

The man's Los Angeles criminal defense attorney said that some of his client's words about the tagging had been said in confusion. Further, he said the man harbored a great deal of anxiety about paying the full amount of restitution. He added that the man had secured a job and was applying to a number of art schools.

The judge brushed aside any implication that the crime of graffiti tagging isn't a serious one. He said it often makes people feel unsafe and devalues the community as a whole.

As part of his punishment, the man will have to serve more than 200 hours of community service that will include cleaning graffiti. He will also have to pay back an as-yet-undetermined amount of money to the cities of Santa Cruz, Watsonville and the Santa Cruz County and Transit Bus Lines, where a number of the defacements were said to have occurred.

Los Angeles Criminal Defense Attorney Vincent Howard would point out that the crime of vandalism is spelled out in California Penal Code Section 594. It lays out that any person who is found in possession of any tool - whether a marker, aerosol paint can or chisel - that is intended to mark public property is guilty of a misdemeanor. Vandalism is described as any act in which someone defaces, damages or destroys property - be it public or private.

If the damage is less than $400, the suspect can receive up to a year in prison and be forced to pay a $1,000 fine. If the damage amounts to more than $400, the person could be sentenced to prison for up to a year and be slapped with a $10,000 fine. If the damage is greater than $10,000, the suspect faces fines of up to $50,000.

If a defendant is found guilty, an experienced Los Angeles vandalism defense attorney will often try to get the defendant little or no jail time, as well as community service instead of hefty fines.

Continue reading "Los Angeles Vandalism Leads to Jail Time " »

A 13-year-old girl is recovering and a 65-year-old man is under arrest, charged with felony hit-and-run in Santa Ana, The Orange County Register is reporting.

Often, hit-and-run charges are accompanied by DUI charges in Santa Ana, as police assume that a person who is involved in an accident and leaves the scene may be drunk.

Santa Ana Criminal Defense Lawyer Vincent Howard understands that cases like these can be highly emotional. Members of the public become angry at what they view as the lack of regard for the life of another.

According to California Vehicle Code Section 20002, a person is directed to stop at the nearest location that won't impede traffic or cause safety concerns after an accident. A person is also ordered to leave sufficient contact information if the driver isn't around. Not following those requirements is considered a misdemeanor in California, punishable by up to six months in jail and a $1,000 fine.

That's if only a vehicle is damaged. In California Vehicle Code Section 20001, a person can face a felony charge if they are involved in an accident that injures a person and they don't stop. According to the law, the suspect can face two, three or four years in custody plus a fine of between $1,000 and $10,000.

Orange County Criminal Defense Attorney Vincent Howard understands that people can face a very serious charge for making a simple mistake. On crowded streets that move at a fast pace, it may be difficult to take some of these precautions without the driver being worried about being injured themselves. On rural roads or poorly-lit streets, a person may not know if they hit someone who is walking or biking recklessly.

When a driver gets into any type of accident, the first feeling is often a sense of fear or nervousness. People often think of the potential costs to fix vehicle damage, the increase to insurance premiums and other factors. When another person is injured, the feelings of fear may be even more pronounced.

In this case, a 65-year-old driver is accused of hitting a 13-year-old girl who was riding her bike. The accident happened around 7 p.m. on a recent weekday night. The only available description of the vehicle was "small."

Police say the suspect returned home and told family members he had been involved in a collision. His family members called an attorney, who told authorities he was representing a man who may have been involved in the accident.

Detectives interviewed the man and inspected his vehicle before arresting him. The girl, who told the news media she forgives the driver, suffered injuries and was placed in intensive care immediately after the crash. She suffered a broken leg and had stitches on her face. Other drivers attended to the girl and called authorities, who rushed her to the hospital.

Orange County Criminal Defense Attorney Vincent Howard certainly hopes the girl recovers. He is also hopeful that the criminal justice system works. Without solid witness identification, a hit-and-run case sometimes can fall by the wayside. Unlike other types of crimes, where a person may be able to see a suspect, in crimes involving a vehicle, sometimes that is not the case.

Detectives may have to try to piece together weak witness accounts, along with paint chip analysis or other debris left at the scene that may have some value. But this can still be challenging because without the vehicle, the evidence found at the scene may not be helpful to detectives.

Continue reading "Santa Ana Hit-and-Run Accident Charges Filed" »

A 41-year-old woman now faces an Irvine sex crime after being accused of lewd acts on a 14-year-old boy, The Orange County Register is reporting.

Irvine Criminal Defense Lawyer Vincent Howard has seen how a simple arrest -- and not even a conviction -- can lead to many problems for a person. A conviction has even more of an impact because it can make a person ineligible for running for office, voting and other benefits. A conviction can even cost a person their job.

In this case, the stigma that this woman will have to face is going to be difficult. She is charged with having sexual contact with a 14-year-old boy. There have many cases in recent years where students have made allegations against adults, including sexual contact.

Some researchers and studies have shown that the increasing use of social media web sites, including Facebook and Twitter has narrowed the age gap of many Americans. In school settings, some have speculated that teachers, students and administrators are all connecting in ways they would not have before.

Some believe that this has led to a breaking down of appropriate barriers between people of different ages. Even if this is the case, Orange County Criminal Defense Attorney Vincent Howard knows that isn't a viable defense for a sex crime arrest. Even if it is true, the laws are the laws.

According to the newspaper's account, the woman faces a charge of lewd conduct with a minor. Police are alleging that sexual contact occurred between the boy and the woman several times during a six-week period at the woman's Irvine home. She was being held initially on $50,000 bond.

Police are saying that they were contacted by the boy's parents, who alerted detectives to the alleged conduct. Detectives worked to try to develop evidence against the woman leading up to her arrest. Police are saying the case is ongoing.

The woman is a part-time aide in Tustin, the newspaper reports. But authorities are saying her employment has no connection to the 14-year-old and is not considered a factor in her arrest. Police and school officials said they are working to make sure the woman has no contact with other students.

The newspaper article doesn't provide specific examples of what evidence police may have gathered. What concerns Irvine Criminal Defense Lawyer Vincent Howard is that police will sometimes rush to make an arrest of a defendant simply after an allegation of sexual abuse or contact.

Police officers sometimes don't think about the major impact an arrest can have on a person. That is magnified when the allegation is sexual in nature and even more so if the alleged victim is a minor.

Students may make allegations, but it is the job of an experienced criminal defense lawyer to get to the bottom of all the facts. An allegation is one thing and an arrest is another. Conviction, though, is the only thing that matters in our system of justice. Avoiding that is what it's all about.

Continue reading "Irvine Sex Crime Charges Filed Against Woman Accused of Lewd Acts with Teen " »

The Orange County Register is reporting that a former Fullerton police officer has been convicted of third-degree grand theft after stealing an iPad from a security checkpoint at a Miami airport.

This comes only a few weeks after a Fort Lauderdale, Florida man was spotted on surveillance video of stealing a $6,500 Rolex watch that a woman in front of him had left in a bin at a security checkpoint at the airport there. He was later arrested and faces charges in connection with the crime.

Orange County Criminal Defense Attorney Vincent Howard understands that the news media will follow a criminal case involving a law enforcement officer more intently than other cases, which makes controlling the flow of pre-trial information more important.

High-profile Fullerton theft cases and other criminal cases can lead to bad publicity, which can affect the ability for jurors to be fair. Every citizen can be exposed to coverage of cases in the news. The more prevalent the coverage, the easier it is for a jury to become biased.

As Fullerton Criminal Defense Attorney Vincent Howard knows, any bias on a jury is unacceptable. Jurors should be thoroughly questioned during jury selection in order to prove that the people who are to judge whether a fellow citizen is guilty or innocent can make a decision solely on the facts.

This can be tough for many people. Even if a person doesn't believe they have any outward biases, whether it's taking every police officer at their word no matter what or believing that if a person has been arrested they're probably guilty, everyone has some beliefs that can make them poor jurors. They may simply be better-suited to serve on a civil trial, rather than a criminal matter.

This is why jury selection and questioning jurors is so important. In this case, the former officer was convicted after entering a guilty plea and bypassing a trial. She was sentenced to complete a theft class, donate $250 to the Boys & Girls Club of Miami, pay $100 in court costs and complete 75 hours of community service, The Orange County Register is reporting.

Restitution wasn't ordered as the victim got the iPad back. The officer was arrested last year at the Miami airport on suspicion of stealing an iPad that belonged to another traveler. She had been an officer for four years and with the department.

The newspaper reports that the woman was spotted on surveillance video putting the iPad in her carry-on bag after taking it from a bin near a metal detector. A traveler told police she put the iPad in a bin and when she went to retrieve it, it was gone. Officers reviewed video and were able to identify the officer. When they confronted her, they found it in plain view.

The officer told police that she had planned to keep it, saying that she found the device, but didn't consider it to be stealing. She said she picked it up as "found property," noting that she didn't see who put it there.

Being a convicted felon is going to ruin this officer's career. Orange County Criminal Defense Attorney Vincent Howard believes that people deserve a second chance, but sometimes society doesn't agree. An experienced lawyer will work to try to minimize the damage -- both in terms of criminal sanctions and personal problems for clients. Sometimes that requires going to trial and sometimes that can be accomplished through strong plea negotiations.

Continue reading "Former Fullerton Officer Found Guilty of iPad Theft Case" »

The architect who designed a house where a Los Angles firefighter died was recently charged with one count of involuntary manslaughter, the Los Angeles Times is reporting.

Under California law, criminal cases involving death are treated differently. While many in the public believe that every situation involving a death is murder, that's not the case. A murder charge is reserved for instances where death was intentional.

As Los Angeles Criminal Defense Attorney Vincent Howard has pointed out to many jurors, murder and manslaughter are very different. The law says they're different, and as such, the penalties vary.

In a Los Angeles murder case, a defendant can be sent to prison for decades, life or even executed by lethal injection. That is the most serious form of the crime on the books. But the state must have a wealth of proof to show that a person is guilty of this crime, as in any crime.

Manslaughter is different, though. This is a situation where a person does die, but the person who may be responsible didn't intentionally commit the crime. Homicide, by legal definition, is the death of a person by another person. So, a decedent's manner of death can be ruled homicide, but the cause may be accidental.

That's why manslaughter cases in Los Angeles can be tough to prove. In the experience of Los Angeles Criminal Defense Attorney Vincent Howard, many times there is a fine line between accident and criminal. While the state -- and the victim's family -- may want answers and criminal charges, that's not always the wisest choice.

While some prosecutors don't understand the notion, accidents do happen. Car accidents happen. Even if a person was driving five miles over the speed limit and caused a fatal accident, it doesn't mean they should be charged criminally as well. They're already feeling guilty. The same could be said for two teens who get into a fist fight and one throws a punch so hard it kills the other, or knocks them to the ground and leads to a bizarre side effect that is deadly.

Under California Penal Code 192, manslaughter is the unlawful killing of another human being without malice. Voluntary manslaughter is a sudden, heat-of-passion death. Involuntary manslaughter in California is an act done without caution and circumspection, either lawful or unlawful, that causes death.

In this case, the firefighter was part of a team that entered the architect's home in 2011 after it was on fire. They battled the blaze, which was moving across the attic. Authorities allege that the architect had built an 18-foot "fire trough" -- an oversized fire pit -- through the home, even though some had warned him of potential dangers of this feature.

While battling the blaze, the ceiling collapsed and killed the firefighter. Five other firefighters were injured as the fire moved up the walls and into the ceiling of the home.

After a year-long police investigation, authorities concluded that despite plastic water sprinkler pipes in place, the fire melted them, causing water to build up in the insulation. That was a factor in why the ceiling collapsed.

But what Los Angeles Criminal Defense Attorney Vincent Howard questions is how a flaw in a building could lead to manslaughter charges? Firefighters are paid to go into dangerous situations. If the architect built the house based on his experience and knowledge, but there was an unknown flaw, how could he have prevented it in advance?

Continue reading "Architect Charged With Manslaughter in Los Angeles Firefighter Death" »

The Los Angeles Times is reporting that a Los Angeles Sheriff's Department jail guard has been arrested and charged with attempting to bring cocaine into the jail, in an effort to sell it to inmates.

Los Angeles drug charges can be serious, especially when government buildings, including jails and courthouses, are involved. When law enforcement officials are arrested, the news media will latch on and run the story for days.

Los Angeles Criminal Defense Lawyer Vincent Howard understands that anyone charged with a crime requires strong criminal representation. No one should go through a criminal case without knowing their rights, being able to question the state's witnesses and see all the evidence the state is attempting to use against him or her.

In this case, a 24-year-old employee -- who is not a deputy but who is employed by the department -- was arrested inside the jail recently. According to the newspaper article, the man, who has worked at the jail for four years, was allegedly attempting to enter the Men's Central Jail with cocaine when he was stopped.

He is now being held on $1 million bail. He faces charges of possession of a controlled substance with intent to sell, transportation of a controlled substance with intent to sell as well as a charge of bribery, sheriff's department officials say.

Los Angeles Criminal Defense Attorney Vincent Howard has seen news reports detailing the sheriff's investigations, which have included other officers within the department who have been the target of investigations. In this case, the newspaper says, officials investigated for four weeks before making an arrest.

In other situations, internal investigators have looked at sheriff's deputies and other staffers who have allegedly delivered or tried to deliver contraband into the jail. The allegation is that this is part of a larger drug trade that's going on inside the jail.

So far, the Times reports, three guards have been convicted and a fourth fired in recent years for trying to smuggle drugs into the jail to sell to inmates. The newspaper recently reported that the jail had problems with security after FBI agents were able to go undercover and get evidence of a deputy taking $1,500 to smuggle a cellphone to an inmate who was an informant.

Federal authorities are also looking at the jail regarding brutality and other police misconduct by jailers inside the facilities. A sheriff's deputy was also arrested recently and charged with trying to smuggle heroin into the courthouse through a burrito.

Los Angeles Criminal Defense Attorney Vincent Howard believes that no one should think they're above the law. Citizens certainly appreciate the police policing themselves. But as there are more arrests and more investigations, sheriff's deputies could end up getting a presumption of guilt in the public's eye, and that's a problem.

Regardless of who is arrested, every defendant is presumed innocent until proven guilty. It's the only way our criminal justice system works. So, even as news reports continue looking into these investigations, it doesn't mean that every person charged is guilty. They all must have sound legal representation in order to fend of allegations that may be overstated.

Continue reading "Jailhouse Guard Charged With Los Angeles Drug Smuggling" »

The job of an attorney is important because he or she protects the defendant from the prosecution and others in power who may try to trample on the defendants' rights. Without an advocate who knows the law and is able to help a suspect, people would be sent to prison without proper proof.

As Los Angeles Criminal Defense Attorney Vincent Howard has seen over the years, everyone must be looked at closely to ensure that the defendant's rights are honored. That can include judges.

And when a charge such as murder in Los Angeles is being discussed, it is even more critical to look at all the facts and be prepared for the unknown. When murder is the charge, much more is at stake. According to California Penal Code Section 187, murder means killing another, and it can be punished by death.

In this case, out of Georgia, a defendant was convicted of murder. On appeal, he had the conviction overturned and was provided a new trial because of comments made by his judge. Los Angeles Criminal Defense Attorney Vincent Howard believes it's important to listen closely not only to the testimony on the witness stand, but also what is being said throughout the courtroom.

In Murphy v. State, the man was convicted of malice murder, felony murder and cruelty to children in connection with the death of a 15-month-old girl in 1998. After conviction, the man asked for a new trial, but those efforts were denied. He was sentenced to life in prison.

The man was arrested after police responded to a house where he lived with a woman and her two children. The 15-month-old girl was found not breathing and without a pulse. Revival efforts were unsuccessful.

The defendant was babysitting the girl the day she was found dead. When the girlfriend returned home from work around 8:30 p.m., she found the girl sleeping and seemingly normal. Around midnight, the girl was whining and appeared limp and struggling to breathe. The defendant administered CPR while the girlfriend called 911.

Experts testified that the girl had been beaten and internal organs had ruptured. The girl died of toxic shock after the contents of her intestines leaked into her abdomen. There were visible cuts on her body.

The basis of the appeal isn't necessarily the facts of the case, but rather what the judge said in front of jurors that caused the problems. When a detective was on the stand, the judge called him "a good detective" who has a "good recollection"," and who, with thorough notes, his memory and his "good efforts" with attorneys should be able to find the "truth of the matter."

It's obvious to Los Angeles Criminal Defense Attorney Vincent Howard that these comments could influence jurors to give the detective more credibility than other witnesses. And, as the Georgia Supreme Court correctly pointed out, these errors are more than just simple mistakes.

When a juror hears from a judge favorable comments about a witness, they are likely to think more favorably about the witness, whether that is happening subconsciously or not. And jurors should see all witnesses as equal in credibility, without outside influences.

Continue reading "Murphy v. State: Judges Must Watch What They Say in Los Angeles Murder Cases" »

A recent court case out of New York shows that taking a plea deal might not be the smartest thing, especially if the state doesn't have enough proof to justify the charges.

Los Angeles Criminal Defense Lawyer Vincent Howard has represented many clients facing drug charges. These can range from simple misdemeanor charges all the way to complex felony cases with potential prison sentences.

Los Angeles drug charges vary based on different factors. The type of drug being sold makes a big difference. Whether medical marijuana, heroin or prescription drugs, the California Penal Code lays out what type of penalties a person can face and each drug is rated differently.

But the type of drug isn't the only factor. The quantity of drug, where it's being sold and purchased, whether any weapons were used in connection with the case and if the suspects have criminal history records all play into what types of charges a person can face -- and certainly in what type of penalties a judge may impose. It is important to consult with an experienced lawyer, such as Los Angeles Criminal Defense Attorney Vincent Howard, when charges like these are filed in order to ensure the suspect is well represented.

In United States v. Culbertson, the defendant ended up pleading guilty to four counts of an 11-count indictment. Among them was a count of conspiracy to import 100 grams or more of heroin and five kilograms or more of cocaine.

After accepting the plea deal, the man was sentenced to 120 months in a federal prison. In federal cases, as in state cases, it is common for defendants to accept plea deals after lengthy negotiations. While federal prosecutors typically have a lighter caseload than state prosecutors, they may sometimes still be willing to offer a plea deal to a defendant that is favorable. But as Culbertson shows, sometimes the plea offer actually hurts the defendant.

On appeal, the defendant argued that the court didn't determine if there was a factual basis for the plea, meaning that the facts presented by the government didn't support the plea. The basis of that argument is that the government couldn't prove he had five kilograms or more of cocaine, which requires a mandatory 10 year prison sentence. He admitted only to being responsible for three kilos.

The second argument presented during his appeal was that his Sixth Amendment rights were violated because he asked to substitute counsel and "standby counsel" and he was provided ineffective assistance.

A quick background of the case: In 2007, investigators began looking at a drug trafficking ring operating from Trinidad to the United States. In early 2008, agents fingered Culbertson as being involved after his girlfriend arrived in New York City from Trinidad and had cocaine and heroin in her suitcase.

She explained that two men were supposed to meet her at the airport and she was to be paid $5,000. When Culbertson called customs to find out where she was, she told him to pick her up and he was arrested and later indicted.

On his fourth lawyer, the defendant tried to get a new attorney to represent him, but the judge denied his efforts after the client and attorney argued about a motion he wanted to file. The judge then appointed the attorney as "standby" for future hearings.

After explaining to Culbertson that he could either use the attorney or represent himself pro se, the man decided to enter into a plea agreement. He requested a hearing to determine the amount of drugs, but the motion was denied.

The appeals court ruled that because the defendant continually admitted responsibility for three kilograms of cocaine, but not five, the court erred in not allowing the hearing. Therefore, it shouldn't have accepted the plea to five kilograms or more of cocaine and kicked in the mandatory prison sentence. The court ruled the conviction should be vacated.

Los Angeles Criminal Defense Attorney Vincent Howard believes that this is a case where justice was done. Defendants, especially those who have conflicts with their attorneys, require special care to ensure their rights are upheld. A judge may get frustrated with a defendant, but that's no reason to ruin a person's life.

Continue reading "United States v. Culbertson Shows Plea Deal Not Always Smart in Los Angeles Drug Cases" »

A 54-year-old man previously convicted of stalking pop icon Madonna was arrested recently in Norwalk after authorities allege he escaped from a mental facility there, the Los Angeles Times reports.

Cases involving conflicts between people can sometimes require restraining orders. Whether Los Angeles domestic violence situations or stalking cases, which are common in Hollywood, a restraining order can be an important piece of paper.

But Los Angeles Criminal Defense Attorney Vincent Howard has seen situations where the things said to get a restraining order are exaggerated and that can cause major damage. In order to get a temporary restraining order, a person simply has to go to the courthouse, fill out paperwork, wait their turn and go before a judge to explain why they want the order to be put in place.

Sadly, a judge can issue such an order without any defense from the person who is considered the defendant in these matters. So, a person can be told by police they have a restraining order against them without even knowing their significant other or spouse went to the courthouse to get one. Even a temporary order can lead to them being kicked out of their house or kept from their children. Often, police will allow a one-time trip to the house to get clothing and other necessities.

After the temporary order is put into place, this is when the defendant requires an experienced lawyer, such Los Angeles Criminal Defense Attorney Vincent Howard. During a hearing for the permanent order, the defendant can bring up important facts that can convince a judge not to make the temporary order permanent.

If a defendant shows up to court alone, but the plaintiff has an attorney, it could be an intimidating experience that turns worse when the judge buys the lawyer's argument and extends the order. This could mean no contact with the person, even if it's a spouse, no visiting the house -- that could be in the defendant's name -- and few or no visitation rights for children, even if they were unaffected.

These are major hardships that people can face in a domestic violence situation if a restraining order is put in place. But domestic violence situations aren't the only times when these orders are seen as useful. Given that Los Angeles is full of high-profile celebrities who are magnified in the news media, Los Angeles Criminal Defense Attorney Vincent Howard has seen how people want to try to get close to them.

Sometimes these aggressive fans cross the line and attempt to break into their houses or find their phone numbers and make threatening phone calls. Often, this can lead to an arrest or at the very least, it's possible the celebrity will seek a restraining order. In other cases, celebrities court fame, find it, and then moan about the resulting attention.

In this case, the 54-year-old man was convicted in 1996 because he began stalking pop star Madonna, telling her that he wanted to marry her or, if not , he would slash her throat. He jumped the fence of her Hollywood Hills home and was shot by one of the singer's security guards. She was out of state when that happened.

The man was sentenced to 10 years in prison and recently escaped from a mental hospital where he was being treated for psychological problems. Police say he walked away from the hospital and was on the loose for nearly a week before he was captured.

Continue reading "News Reports: Madonna Stalker Arrested in Los Angeles" »

A top official with the Los Angeles County Department was recently arrested and charged with DUI in Los Angeles after an investigation by California Highway Patrol officers, the Los Angeles Times reports.

The difficult thing about DUI in Los Angeles is that anyone can be charged with it. Whether the driver is a police officer, firefighter, teacher, politician, athlete, plumber or unemployed, simply having one too many drinks can lead to an arrest record. That's why Los Angeles DUI Defense Lawyer Vincent Howard believes it's so important to fight these charges aggressively.

Prosecutors may try to use observations of the officer, video surveillance, other witnesses, field sobriety testing as well as a breathalyzer machine to try to prove that a person has committed this crime. The person can fight back by showing the devices that were used were faulty or that other witnesses contradict the police officer's perspective.

In cases where there is an accident, it may be possible to show that even if the arrested driver had alcohol on their system, the crash was another driver's fault. These cases are rarely as simple as black and white. Los Angeles DUI Defense Lawyer Vincent Howard has been able to represent many clients who fear a DUI conviction will ruin their lives.

Being able to avoid a DUI conviction -- either by getting the state to drop the charges or conducting strong plea negotiations that result in no jail time and perhaps a conviction for a less-serious offense -- could come in handy to repair the damage to a person's reputation.

In this case, according to the Los Angeles Times, a top sheriff's official was found by CHP officers stopped in the middle of the Foothill Freeway. When officers approached the vehicle, they found her passed out with her head on the steering wheel of her car. The car is owned by the county and paid for by taxpayers.

Police received several calls from concerned motorists that a vehicle was stopped in the middle of the freeway. When they showed up, they found the sheriff's official allegedly intoxicated. They say her foot was on the brake, but the vehicle was in drive.

Two hours after her arrest, a blood alcohol level test registered a 0.20, which is more than twice the state's legal limit of 0.08. The woman is in charge of the sheriff's office community program that partners the department with regular citizens. The woman was previously convicted of DUI in 2009 and was placed on probation. She was employed by the sheriff's office at that time as well.

A sheriff's spokesman told the newspaper the woman has been placed on leave from her job. After the first conviction, she emailed co-workers, promising to try to be a role model and prevent a future situation.

The article doesn't say where the woman was coming from or doing when she was arrested. It's also unclear whether she was given a breath test or if blood was drawn and tested by officers. Los Angeles DUI Defense Lawyer Vincent Howard believes in any DUI case, the matter is sensitive and requires strong legal representation. Not everything is as it seems from the first newspaper article or television news report.

Continue reading "Sheriff's Official Charged With Los Angeles DUI In County Car" »

In a unanimous ruling recently, the U.S. Supreme Court ruled that law enforcement must have a search warrant before attempting to use GPS monitoring to track suspected criminals, the Associated Press is reporting.

Among the most common uses for Global Positioning System devices are for suspects police are tracking for Los Angeles drug cases. When authorities believe that a person is involved in the buying and selling of large-scale narcotics, they may attempt to track the person without them knowing.

Los Angeles Criminal Defense Attorney Vincent Howard has seen examples in which undercover officers might place a device on a person's vehicle without their knowledge and police are able to use this technology to pinpoint exactly where the person drives in that vehicle for weeks or months at a time.

What would happen, however, is the police would use these devices without any oversight, thus allowing them to delve into a suspect's personal life without any permission. This is essentially the same as having an undercover officer following a person every day for the length of an investigation. This would never happen and it would put the officer at risk of being caught. GPS is largely undetectable, however.

Now, the nation's high court says, officers must have a judge sign off on the officer's request to use GPS to track a suspect. Los Angeles Criminal Defense Lawyer Vincent Howard believes this will cut down on the number of suspects who unknowingly are tracked through GPS, as police will now have to have substantial reasons for wanting to use it.

The issue is based on a Washington D.C. case where police used GPS on the man's vehicle to link him to a house that was used to hide drugs and money outside the District. The man was sentenced to life in prison before an appeals court overturned his conviction, leading to the case to make its way to the Supreme Court.

Justices ruled that GPS is akin to a search, meaning that law enforcement officers must obtain a warrant. It's the same as if police want to search a person, their vehicle, business or house. They must have a warrant signed by a judge in order to obtain evidence.

The affidavit in support of the warrant must include truthful information and more than just police wanting to do a search without sound evidence. They must have proof that what they will find will corroborate facts already known to them.

All nine justices agreed with Associate Justice Antonin Scalia, who wrote that the use of GPS constitutes a search. The search in this case was without a warrant and therefore was trespass. The search violated the Fourth Amendment protection to unreasonable search and seizure.

While other justices agreed with the outcome, some did so for other reasons. Justice Samuel Alito wrote that the time period -- four weeks of continuous monitoring -- infringed on the man's expectation of privacy.

The fact that the decision was unanimous is a strong sign that police were fully in the wrong in this situation. That justices were not only opposed to police on this issue, but opposed for different reasons shows Los Angeles Criminal Defense Attorney Vincent Howard that this is a strong ruling for individual rights.

This ruling not only will apply to this defendant's case, which will lead to his freedom, but also any other defendant facing any charge where police attempt to use GPS without obtaining a warrant first. Most commonly it happens in drug cases, but police can use it in other cases if they wish to monitor a person's movements.

But now they must have gone through all the proper channels and followed procedure in going to a judge. A judge must be convinced that police have enough evidence to prove that the GPS is necessary.

Continue reading "Supreme Court: Los Angeles Police Must Have Warrant to Use GPS" »

Two teachers have now been arrested in connection with a Los Angeles sex crimes case where they are accused of abusing young students during school hours, the Los Angeles Times reports.

Los Angeles Criminal Defense Attorney Vincent Howard would warn members of the public not to jump to conclusions when they learn about an arrest through the news media. These stories often only report what is being put out by the police and school officials and the stories usually don't include any significant facts in defense of the suspect.

Regardless of the type of crime, initial crime stories are almost always one-sided, which can cause bloggers and readers to spout off about how guilty the person is and how they should go to prison for what they've done. But an arrest requires a very low burden of proof. And while people talk about the person's guilt without seeing any proof, they would probably have a different attitude if the shoe were on the other foot.

Vincent Howard is thankful for our criminal justice system because it presumes people innocent until proven guilty. The law allows for a jury of their peers to determine this guilt or innocence based on the facts and the applicable case law. This means that all the information that is relevant to a case should come out at trial.

Without this system, any person who was arrested could end up going to jail or prison, regardless of whether there is actually any evidence, police corruption or a case of mistaken identity. No citizen wants that to be the case and yet people will go on and on about a person's guilt without knowing all the facts. Never is this more true than when a sex crime is alleged.

The basis of this story is that a longtime teacher was recently arrested and charged with acts of lewd conduct involving 23 students. News reports have spurred a second student to make allegations against a different teacher, leading to an arrest. The original teacher is accused of gagging, blindfolding and feeding semen to students without their knowledge.

The second male teacher, whose name isn't reported, was immediately investigated by sheriff's detectives after the second student came forward. The new arrest is unrelated to the first and is based on allegations of abuse. Yet, Los Angeles Criminal Defense Attorney Vincent Howard doesn't believe the school district's statement that "the person could be completely innocent" meshes well with them kicking the teacher off campus and authorities arresting him. The teacher was reassigned to a place where there are no students, most likely a district office. It's unclear how long the investigation will take.

The original teacher was arrested after photographs surfaced of students being spoon-fed a substance believed to be the man's semen while blindfolded. The teacher was the subject of an investigation nearly two decades ago when a female student complained that he tried to fondle her. An investigation was conducted, but there was insufficient evidence.

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A man was arrested recently after allegedly committing a carjacking and then getting into a chase with Santa Ana police, The Orange County Register is reporting.

Los Angeles Criminal Defense Attorney Vincent Howard will always advise clients not to get into a high-speed chase with police. For some reason, these chases are often glorified by the news media and that somehow lends credence to the idea that it's smart. It's not. You are just asking for the police to pile on charges.

Whether a person may face Los Angeles car theft charges or major Orange County drug charges, it's not reason to run from law enforcement. Running or driving away at high speeds makes a bad situation even worse.

It is a better move to get arrested and immediately call an experienced Los Angeles criminal defense lawyer, such as Vincent Howard, than to try to get away. For one, it likely won't work. Secondly, it will add more charges to what the person already faces and third, it can cause people major injury or death. That includes bystanders and the suspects themselves. It's not worth it.

In this case, according to the newspaper, police got a call of shots fired from what witnesses said was an automatic weapon. An officer spotted a vehicle that had the same license plate of a vehicle reported stolen by two armed men a day earlier.

When the officer tried to stop the vehicle, the driver took off, leading to a pursuit. It only lasted a few minutes because the driver crashed near Santa Ana and Tustin. The officer also shot at the suspects with a shotgun, though police are saying it's unclear why that was the case.

Police said that the 20-year-old suspect surrendered immediately. Inside a vehicle officers found a machine pistol. The vehicle was taken in the carjacking just a day earlier when a man got lost and stopped to ask for directions at a bar in Santa Ana. Two men ordered him out of the car and took it. The 20-year-old now faces charges of suspicion of carjacking, evading police and possession of a firearm.

Police believe a second man who was involved with the carjacking is still on the loose. That man, about the same age, is being pursued by police, the news article states.

In carjacking cases, police must have sound proof before bringing charges. That's because victims of violent crimes or crimes that can be terrifying often don't leave very clear memories of the person who is involved.

They are often told to put their heads down or they do it on their own as not to anger the perpetrator. Los Angeles Criminal Defense Lawyer Vincent Howard has seen cases where witnesses have very little information to help police, yet are somehow able to point to a person in a photo lineup to provide police with a suspect.

The actions that police take in cases where the witnesses are shaky becomes very important. If officers suggest certain suspects or show the victim the suspect, that suggests to the person that police have gotten the right person, even if it's not the right person. Police and victims yearn for an arrest, but they shouldn't want the wrong person to be arrested.

Often, the wrong person is arrested, however. Criminal defense lawyers are trained to figure out when the wrong arrest is made and when police have violated a defendant's rights. This injustice shouldn't happen, but it does. Don't allow it to happen to you.

Continue reading "Man Charged After Carjacking, Police Chase in Santa Ana" »