California Criminal Lawyers Blog

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" »

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

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

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

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

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

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

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

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

As Orange theft criminal defense lawyers, we were interested to read about the conviction of a woman who allegedly stole $70,000 from the city of La Habra, through a part-time job she had processing paperwork there. Kimberly Lynn Duncan, 24, pleaded guilty Sept. 7 to one count each of second-degree burglary, forgery and misappropriation of public funds. By pleading guilty, the Brea resident admitted to failing to deposit checks and credit card receipts into city accounts, presumably diverting the funds into her own accounts. A city councilman told the Orange County Register Sept. 7 that the theft had no effect on city services, but that he is glad Duncan admitted guilt. She will be sentenced on Nov. 9, when she will face up to five years and four months in prison. She may also be asked to repay the money she stole.

Duncan was a part-time clerical employee for La Habra (not the elected city clerk). In that capacity, she was responsible for depositing payments to the city every day. One source of those deposits was the La Habra Community Center, which took in money for classes, weddings and other events held at the center. Duncan admitted to stealing more than $26,500 in cash from the center that she was supposed to deposit with City Hall. She also admitted to failing to deposit another $24,000 in checks and $20,700 in credit card receipts. To achieve this, she forged the initials of City Hall and Community Center employees on checks, using a counterfeit City Hall stamp and filling out deposit forms fraudulently. The theft was only discovered when a resident called City Hall to complain that a month-old check had not yet been cashed.

Our Cerritos theft criminal defense attorneys noticed this case in part because Duncan's plea appears to be to charges less than the maximum prescribed for her crimes. Misappropriation of public funds, California Penal Code sec. 424, carries two to four years in prison as well as a lifetime ban on holding any public office. Commercial burglary and forgery each carry another year in prison. This could get Duncan up to six years in prison, not five years and four months. The article does not tell us whether these are the same charges Duncan originally faced, but we do notice that she could also have been charged with embezzlement -- the theft of funds entrusted to her. The potential sentence for this amount of embezzlement is slightly lower, but there is nothing to prevent prosecutors from attempting to get a conviction on both charges. Thus, we wonder if Duncan's guilty plea was in exchange for dropping a charge of embezzlement or another charge that fit the circumstances well and would have carried even more prison time.

Continue reading "La Habra Clerical Employee Convicted of Stealing $70,000 in Money Belonging to City" »

As Anaheim burglary criminal defense attorneys, we were interested to see a recent article about a home-invasion burglar who was caught by a postal worker and a neighbor to the home. According to a June 11 story from the Orange County Register, Michael Dean Hester, 50, was arrested June 4 after the mailman for the area, Harold Dade, surprised him in the act of burglarizing the home of Denise Davis. Davis was not home at the time. Dade and neighbor Scott Stone chased down Hester as he left the scene. Hester is now charged with two counts of felony burglary, one count of felony receiving stolen property and one count of misdemeanor resisting arrest. He has pleaded not guilty. Because he has a felony criminal record, the district attorney's office said a conviction could mean a third strike.

Dade told the newspaper that he regularly delivers mail to Davis's home, so he noticed when an unfamiliar bicycle showed up in front. As he approached the front door, he also noticed that the glass in the door had been broken with a brick and realized something was amiss. Then he looked up and saw a man. Dade said he thought each of them scared the other, and ran back to his truck to call the police. On his way there, he noticed Stone in a car slowing down for a stop sign and asked him to call the police. While Stone was making that call, Hester left on the bicycle, so Stone followed him to a local McDonald's. He was able to identify the man for police when they arrived. Davis praised Dade and Stone for being neighborly and involved. She recovered some, but not all, of the stolen goods, and believes that another burglar may be at large with the remaining goods.

Our Whittier burglary criminal defense lawyers are pleased that these neighbors are looking out for one another. However, we'd like to focus on the possibility that Hester will be convicted of a third strike under the three-strikes law, which always means a sentence of 25 years to life in prison. Hester's first felony convictions were for grand theft of vehicles and receiving stolen property. That was in 1991, before the three-strikes law was passed in 1994, but those felony convictions can still count as priors. However, it's not clear that any of Hester's prior felony convictions are "strikes," because strikes are always serious or violent felonies. For example, grand theft auto in itself is not a strike, but it would be if Hester used a firearm or other dangerous or deadly weapon. His second felony convictions in 1995, two counts of receiving stolen property, would not count as strikes. However, the residential burglary charge Hester now faces is a strike, so he certainly needs experienced legal representation.

Continue reading "Huntington Beach Postal Worker and Neighbor Hailed for Stopping Getaway by Burglar" »

Our Orange petty theft criminal defense attorneys were interested to see a brief item about two young men who are accused of stealing beer from a Lake Forest convenience store. As the Orange County Register reported June 10, sheriff's deputies were called to Mobile on the Run, the store, after a clerk saw two young men, ages 18 or 19, steal two packages of Budweiser. The suspects are described as white males with black hair, five feet four inches to five feet five inches, and 140 to 150 pounds. They were both wearing black shirts; one was wearing khaki shorts and the other was wearing black shorts. They reportedly fled in a white extended-cab pickup truck, along Portola Way to Lake Forest Drive. Anyone with information related to the crime is encouraged to contact the Orange County Sheriff's Department.

Deputy Richard Nelson said these "beer runs" are common at convenience stores and grocery stores, which doesn't surprise us. As long as underage kids and young adults can't buy beer legally, some of them are going to make the unwise choice to steal it instead. The deputy also told the newspaper that this type of shoplifting is petty theft, but then went on to say that it can also be charged as burglary if prosecutors believe they can prove that the perpetrators went into the store with intent to steal. And that charge, he said, can be a felony. This interested our Oceanside petty theft criminal defense lawyers because we're not entirely sure that felony burglary would be charged in a case of shoplifting goods worth at most about $40. In most shoplifting cases, the charge is petty theft because the value of the goods is under $400 and not taken from the victim's person.

On a first offense with a low value like this, petty theft can be charged as an infraction rather than a misdemeanor. This keeps the crime off the defendant's record and carries a penalty of up to $250. Misdemeanor petty theft carries up to six months in jail and a fine of up to $1,000. By contrast, second-degree burglary -- which is the charge for burglary of a store -- would be a "wobbler," meaning it can be charged as a misdemeanor carrying up to a year in jail or a felony carrying up to a year in prison. Prosecutors may charge the crime this way if the crime was particularly noxious or the defendant seems headed for a life of more crime. However, to prove burglary, the prosecutors must prove that the defendant entered the store with the intent to commit larceny -- and intent can be difficult to prove. If they can find no discussions or actions to show that intent, prosecutors will have to drop the charge back down to petty theft.

Continue reading "Sheriff's Deputies Searching for Teenagers Who Stole Beer from Convenience Store" »

A recent article about an unusual burglary caught the eyes of our Dana Point burglary criminal defense lawyers. The Orange County Register reported April 22 that two men were arrested for the April 17 burglary of a home in Santa Ana. Christian Fernando Cabrera and Cesar Valle, both 20, are accused of entering the home on foot, punching a man in the face and taking laptop computers, purses and personal items. They are also accused of demanding money from residents who they said were running a house of prostitution. It was not clear whether that allegation was true or whether the alleged burglars managed to get any cash.

Victims of the robbery said the three men entered on foot around 10 p.m. on April 17. In addition to the computers and purses, the men took eyeglasses, cosmetics and identification cards. Originally, all three had escaped the scene, but victims of the robbery happened to spot Cabrera in the area on April 20. Police officers responded and arrested him on the street. Later, gang detectives were at the gang, speaking to victims about the robbery about the vehicle involved in the robbery. One of the victims pointed out a vehicle passing by that was similar, but then realized it was the same vehicle with one of the same people inside of it. That led to the arrest of Valle. Detectives immediately got into their own vehicle, called for assistance and arrested Valle without incident.

What interests our Corona burglary criminal defense lawyers about this case is the allegation that the house was used for prostitution. This would not be a defense to a charge of burglary, of course, but it might change the charges the arrested men face. California's burglary law is divided into first-degree residential burglary, which is a felony, and second-degree burglary, which is any other kind of burglary. If the alleged burglars are right that the home was being used for prostitution, they may be able to argue that a charge of first-degree burglary is inappropriate. To qualify for a first-degree burglary charge, the building that was entered must be currently used as a dwelling. If nobody lives full-time at the home in question, it may not count as a dwelling. This could lower the charges faced by Cabrera and Valle to second-degree burglary, which can be a felony or a misdemeanor, and carries no more than one year in jail or prison.

Continue reading "Two Men Arrested for Home Invasion Robbery of Alleged Brothel" »