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Criminal Law

Southern California Criminal Defense Blog

Information about California Defense Law as well as up-to-date news from the legal sector.
By Walin & Klarich

Post Frequency: 9.1/day

Last Entry: April 01, 2011 at 15:11:30

LINDSAY LOHAN RELEASED ON BAIL LATE FRIDAY AFTERNOON AFTER HER LAWYER FILES APPEAL ? CALIFORNIA PENAL CODE SECTION 1271

Posted on September 27, 2010
On September 24, 2010, in the late afternoon, a Los Angeles Superior Court allowed Lindsay Lohan to post bail and be released from custody after her lawyer appealed an earlier ruling that morning denying her the right to post bail. The previous judge?s ruling denying bail meant that Lohan would have been in custody at least until her October 22 probation violation hearing...

EIGHT CURRENT, FORMER BELL, CALIFORNIA OFFICIALS ARRESTED AND CHARGED IN CORRUPTION SCANDAL ? CALIFORNIA PENAL CODE SECTION 424(A), SECTION 503

Posted on September 22, 2010
On September 21, 2010, eight current and former city officials were arrested and charged with numerous counts of misappropriation of city funds and crimes related to the abuse of their authority. Los Angeles District Attorney Steve Cooley alleged that the accused Bell officials misappropriated over $5...

A Former MoFo Partner Pleads ?Not Guilty? to Felony Charges Including Grand Theft and Forgery ? California Penal Code Sections 487 and 470

Posted on September 21, 2010
A former partner of Morrison & Foerster (MoFo), a prestigious law firm based in San Francisco, and his wife pleaded ?not guilty? to felony charges in connection with an alleged scheme to defraud the San Francisco Unified School District, the firm and its health insurance provider out of nearly $400,000 in fraudulent services for their autistic son...

PARIS HILTON PLEADS GUILTY TO COCAINE POSSESSION ? CALIFORNIA HEALTH & SAFETY CODE SECTION 11350, PENAL CODE SECTION 148(A)(1)

Posted on September 20, 2010
On September 20, 2010, Paris Hilton pled guilty to possessing cocaine and for lying to a police officer about it. Hilton was arrested after a small bag containing the cocaine fell out of her purse in the presence of a police officer. She told the officer that the cocaine did not belong to her...

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FLOYD MAYWEATHER, JR., FACING EIGHT CRIMINAL CHARGES AFTER INCIDENT WITH EX-GIRLFRIEND ? PENAL CODE SECTION 211, SECTION 240, SECTION 242, AND SECTION 487

Posted on September 17, 2010
On September 15, 2010, boxer Floyd Mayweather, Jr., was charged with four felonies and four misdemeanors stemming from an alleged incident with his ex-girlfriend and their three children at her apartment. The Nevada felony complaint alleged that, on September 9, 2010, Mayweather threatened two of his children by stating that if they called 911 or left the apartment, he would ?beat [their] ass...

COURT UPHOLDS RECKLESS DRIVER?S MURDER CONVICTION ? PENAL CODE 187 AND SECTION 189

Posted on September 17, 2010
On August 23, 2010, the Second Appellate District affirmed the trial court?s determination that appellant, a driver who collided with another vehicle and killed the other vehicle?s passenger, had the requisite intent to be convicted of murder. On November 29, 2006, appellant Hal Moore drove north on Hill Avenue in Pasadena at a rate of between 80 to 90 miles per hour, according to officer testimony...

Female Carjacking Victim Dragged 30 Feet While Attempting to Stop the Culprit ? California Penal Code Section 215

Posted on September 16, 2010
It was reported on KSBW.com that a woman in Watsonville, California was dragged approximately 30 feet while attempting to stop a man from stealing her car outside a public library. Which is known as Car Jacking in California, PC 215. Police say that the 40-year-old woman was taking her children to the library when a man, identified as 47-year-old Mark Anderson, tried to drive away with her car, which still had the woman?s keys and purse inside...

GOVERNOR. SCHWARZENEGGER SIGNS CHELSEA?S LAW.

Posted on September 15, 2010
On September 13, 2010, Governor Schwarzenegger signed Assembly Bill 1844, known as Chelsea?s Law, which mandates life in a prison without the possibility of parole if a person is convicted of a violent sex crime against a minor and if aggravating factors are present...

RIVERSIDE SHERIFF?S DEPUTY CHARGED WITH FELONY ASSAULT NEEDS A CRIMINAL DEFENSE LAWYER

Posted on September 13, 2010
An off-duty Riverside County sheriff's deputy was arrested in Temecula in late August after assaulting another deputy in a dispute involving his wife. Jaime Morales, 32, who is assigned to the sheriff's Moreno Valley station, was arrested early Aug. 24 on suspicion of assault with a deadly weapon and spousal battery...

JUVENILE CRIMINAL COURT IN CALIFORNIA REVERSES OBSCENITY CONVICTION

Posted on September 13, 2010
M was juvenile attending high school in California who just went through a tough breakup with his ex-girlfriend, S. Following their breakup, M sent two text messages to S . in the first he threatened to come to school with a gun and kill half the school before committing suicide in front of S...

Man Stabbed at 7-11 over Beer ? California Penal Code Section 211

Posted on September 10, 2010
It was recently reported in the OC Register that a man was stabbed outside of a Santa Ana, 7-Eleven store after he refused to hand over his beer during an attempted robbery. The Police officers stated that a man and his sister walked out of the store and were approached by two men in dark clothing...

What Will a Judge Consider When Deciding Child Custody?

Posted on September 08, 2010
If you are thinking about modifying your child custody arrangement with and Southern California Child Custody Lawyer, you have a couple of options. First, you can attempt to persuade the other parent to modify the arrangement to accommodate your needs...

The Juvenile Justice System Tries To Rehabilitate Youth Rather Than To Punish Them

Posted on September 02, 2010
Both the juvenile and adult justice system in California have the shared goal of public safety. However, this is one of the few goals both systems have in common. The adult justice system has the goal of punishment of offenders, where as the juvenile justice system has the goal of treatment and rehabilitation of juvenile offenders...

Many Continue To Discover Their Name Has Been Placed On The Child Abuse Central Index, Even When The Claims Turn Out To Be Unsubstantiated.

Posted on September 02, 2010
The Child Abuse Central Index (CACI) was created by the Legislature in 1965 as a tool for state and local agencies to help protect the health and safety of California?s children. Although the idea of protecting California?s children by establishing an index of known abusers is theoretically a good idea, the resulting outcome has been that many are listed on the index based on unsubstantiated claims against them...

The Court must be Clear on Restitution Calculations

Posted on August 31, 2010
The California Court of Appeal recently held that a Court abuses its discretion when it fails to make clear the statement of calculation method it used in ordering restitution to the victim of the crime. In People v. Jones, No. C063113, the defendant entered a plea of no contest to driving under the influence and admitted prior DUI convictions...

Anaheim?s Ordinance on Medical Marijuana Dispensaries Nears a Ruling

Posted on August 30, 2010
Medical marijuana users and local governments are paying close attention to the ruling in Qualified Patients Association v. City of Anaheim (G040077). This is a case of first impression that is being heard by the Court of Appeal. The issue is whether local governments can enact regulations entirely prohibiting the operation of medical marijuana dispensaries...

L.A. Taggers Arrested for Vandalism ? California Penal Code Section 594

Posted on August 27, 2010
It was recently reported on LA Times that two men were arrested on suspicion of vandalism. Police officers served search warrants on suspected graffiti vandals and arrested two of the three suspects. The three men are alleged members of a tagging group called PCN, which stands for Painting City Nightly or Painters Causing Nightmares...

JUVENILE?S REFUSAL TO CONSENT TO A SEARCH DOES NOT GIVE COPS REASONABLE SUSPICION TO SEARCH

Posted on August 24, 2010
A police officer stopped a juvenile, M, for riding a bicycle without proper lighting. The officer asked M to step away form the bike and take off his backpack. M said he would not consent to a search of the backpack. The officer believe this was a ?red flag? and, concerned that M might be armed, he pat-searched M and found a loaded revolver in M?s jacket...

$20 Cell Phone traffic ticket? More like $150

Posted on August 23, 2010
The OC Register reported that, Craig Lowden says he was twirling and driving with his cell phone in his hand last November when he got pulled over in Westminster. "I got a violation for holding the phone in my hand," said Lowden, 37, a Long Beach resident...

California Allows Prior Convictions To Be Used Against A Defendant Even If The Conviction Did Not Occur In California

Posted on August 18, 2010
Evidence of a prior offense is most often used by the prosecution to increase seriousness of the crime or to increase the sentence. For example, a defendant with a prior conviction for driving under the influence, will face much harsher punishments if the prior convictions occurred within 10 years...

A New Law Would Ban Registered Sex Offenders from Facebook and MySpace- How an Experienced Southern California Criminal Defense Attorney Can Help You if You Are a Registered Sex Offender and a Member of One of these Social Networking Sites - California Pe

Posted on August 18, 2010
State law makers and local police are looking to keep convicted sex offenders from online social networks such as MySpace and Facebook, where authorities said sexual predators now roam looking for victims. As minors continue to flock toward social sites such as MySpace and Facebook, so do sexual predators who are looking for victims, officials said...

Out of State Sex crime Conviction Does Not Mean Automatic Sex Offender Registration in California ? California Penal Code Section 290

Posted on August 11, 2010
The California Court of Appeals recently ruled that the defendant in a sex crimes case did not unlawfully fail to register as a sex offender because the least adjudicated elements of her Kentucky offense did not amount to a registrable offense in California...

Driving Under the Influence of Drugs ? Expert Testimony along with Defendant?s Actions Sufficient Evidence to Convict ? California Vehicle Code Section 23152

Posted on August 10, 2010
The California Court of Appeal recently ruled that evidence supported the conviction of driving under the influence of methamphetamine where the drug was described as one that could impair driving ability and defendant was agitated, paranoid and impaired when stopped...

Rape in California when a Person is Incapable of Giving Consent ? California Penal Code Section 261

Posted on August 10, 2010
Under California Penal Code Section 261, rape is defined as an act of sexual intercourse with a person who is not the spouse of the perpetrator. Rape can be accomplished in a number of different ways. Penal Code Section 261(a) lists the different circumstances under which a rape charge can result...

Anaheim Pastor Sentenced to 6 Years for Child Molestation ? California Penal Code Section 288

Posted on August 05, 2010
It was recently reported in the OC Register that an Anaheim pastor was sentenced to six years in state prison for molesting four girls in his congregation. Jose Rama Campoverde, 46, entered a plea of guilty to one felony count of lewd acts with a minor, five felony counts of lewd acts on a child, two misdemeanor counts of child annoyance, and a sentencing enhancement allegation for lewd acts on multiple children...

Federal Prosecutors taking Barry Bonds Perjury Case to Trial ? 18 U.S.C. Section 1623

Posted on August 03, 2010
Federal prosecutors are going forward with their perjury case against former MLB star Barry Bonds. This may be a surprise move by the prosecutors after the Ninth U.S. Circuit Court of Appeals upheld a San Francisco federal judge?s ruling excluding crucial evidence to the prosecution?s case on hearsay grounds...

NINE DEAD IN CONNECTICUT AFTER ALLEGED WORKPLACE MURDER SUICIDE ? CALIFORNIA PENAL CODE SECTION 187, SECTION 188, SECTION 189

Posted on August 03, 2010
On August 3, 2010, a driver for an alcohol wholesaler went to work with a semiautomatic rifle and allegedly opened fire, killing eight. The driver shot and killed himself as police approached to subdue him. The driver, Omar S. Thornton, 34, was a new employee at Hartford Distributors in Manchester, Connecticut...

CALIFORNIA LAUNCHES NEW PILOT PROGRAM INCREASING USE OF IGNITION INTERLOCK DEVICES IN SELECT COUNTIES ? CALIFORNIA VEHICLE CODE SECTION 23700

Posted on August 02, 2010
Starting July 1, 2010, a new law requires anyone convicted of DUI in Los Angeles County and three other counties, even first-time offenders, to install an ignition interlock device (IID) in his or her vehicle. (California Vehicle Code section 23700(a)(7)...

Huntington Beach Man Arrested for Assault with a Deadly Weapon After Downtown Fight ? California Penal Code Section 245

Posted on July 30, 2010
According to the OC Register, a 22-yesar old Huntington Beach man was arrested on suspicion of assault with a deadly weapon. A fight allegedly broke out in downtown Huntington Beach that resulted in a man getting stabbed in the chest. The victim?s injuries were not life threatening...

MAN WHO INTENTIONALLY VOMITED ON PHILLIES FANS SENTENCED TO UP TO THREE MONTHS IN JAIL

Posted on July 30, 2010
On July 30, 2010, a defendant was sentenced for intentionally vomiting on a Philadelphia Phillies fan and his 15-year-old daughter at Citizens Bank Park in Philadelphia. The defendant was sentenced to one to three months in jail, community service, and ordered to pay $315, the cost of the tickets for the fan and his family...

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