California Criminal Lawyers Blog

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" »

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." »

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" »

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

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

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

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

Our Buena Park theft criminal defense lawyers took note of a recent article announcing charges against a man who allegedly exploited an elderly woman with dementia. Adam Michael Margaros, 30, is accused of installing a $25,000 security system in the home of a 74-year-old woman, then charging her more than $320,000. According to a Sept. 9 article from the OC Weekly, prosecutors say it should have been obvious to Margaros that the unnamed woman suffered from paranoia and early-stage dementia or Alzheimer's disease. He was arrested that week and pleaded not guilty to charges of elder abuse and grand theft, with a sentence enhancement for a theft of more than $200,000.

Margaros owns two businesses, including a closed-circuit television installing business, and is a member of the Westminster Chamber of Commerce. He was originally recommended by another security business to install a security system worth about $1,800. However, the Orange County Register wrote, Margaros allegedly befriended the woman and used her paranoia and dementia to convince her to spring for multiple upgrades. The victim's adult son told the Register that Margaros had said the government had installed secret listening devices in her home. The son also said that his mother is functional but clearly paranoid, with an imagination that carries her away easily. Margaros ended up installing a keyless entry system and a 20-camera system connected to monitors inside the home, allegedly worth about a seventh of the price he charged.

Our Huntington Beach theft criminal defense attorneys were interested in this case because it seems to be a crime solely because of the woman's diminished mental capacity. Overcharging a mentally competent adult is not a crime under most circumstances. Nor is "upselling" -- suggesting buying something that's more expensive. These are realities of capitalism, and some people might argue that they are smart business moves. For that reason, we believe that Margaros could have a case if he can show that he reasonably believed the woman to be mentally competent. Judging by the articles, the woman does not have an active diagnosis of any mental illness and her family hasn't seen fit to move her into some place where they can keep an eye on her. If the other circumstances are right, Margaros may be able to argue that it was not at all obvious that the woman suffered from mental illness.

Continue reading "Westminster Man Charged With Grand Theft in Alleged Fraud Against Elderly Woman" »

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 Oceanside drug crimes criminal defense lawyers, we were interested to read a piece about a man arrested for multiple crimes related to a marijuana "grow house." Derrick Frisco, 40, was arrested at the rented home where he lives on July 22, the Orange County Register reported the next day. Sheriff's deputies discovered that the million-dollar home was filled with another $1 million worth of marijuana plants, plus a growing apparatus to support them. The deputies served a search warrant on the home after receiving an anonymous tip from a neighbor. In addition to the plants, deputies found 40 vials of steroids inside. They also discovered that Frisco has been stealing electricity from the neighborhood utility, possibly to avoid creating high energy bills from the grow lights and irrigation system, which could have tipped off authorities.

Authorities said Frisco has been renting the home for about six years, but it's unclear how long it has been the secret site of a marijuana farm. Sheriff's deputies searching the home found a large amount of mold, which they speculated could have been the result of the indoor irrigation. In fact, deputies had to delay their search of the home because of concerns about the health effects of the mold in a confined space. Another part of the growing system was an illegal modification to the home's electrical system, which bypassed the meter and allowed Frisco to steal electricity. Officials said the modification was likely an attempt to avoid drawing attention to the house with excessive electrical bills. Frisco is charged with stealing the electricity, cultivating marijuana and possession of the steroids.

Our Laguna Beach drug crimes criminal defense attorneys suspect that Frisco will face more charges before everything is said and done. The amount of marijuana at issue is substantial, which means Frisco is very likely to be charged with possession for sale, as well as with cultivation. If law enforcement officers can prove that he sold, trafficked, transported or was under the influence of the marijuana, he could face further charges for those crimes. This is in addition to any sale and possession for sale of the steroids, which were also in the home in fairly large quantities. And of course, theft from a utility in this way is also illegal -- in fact, California law makes it a "wobbler" that can be charged as either a misdemeanor or a felony at the prosecutor's discretion. That's one reason why Frisco should speak to an experienced criminal defense attorney right away -- to get the best chance of minimizing his charges.

Continue reading "Man Arrested on Drug and Theft Charges for Marijuana 'Grow House' in Lake Forest" »