California Criminal Defense Attorney Blog

Two Riverside men were recently arrested and charged with abandoning a bruised and starving horse, according to The Los Angeles Times.

Animal cruelty charges are not only serious in terms of their punishment in California, but also in the stigma attached in the eye of the public. That's why consulting with the Riverside criminal defense lawyer as soon as possible would be in your best interests to protect your rights and ensure the best possible resolution in your case.

According to the article, the two men were spotted pulling the horse by a rope and then leaving without the horse. Animal Services officers say this is a growing problem in Riverside County. More than 40 abandoned horses have been recovered so far this year.

Under California Penal Code 597, animal cruelty in California is punishable by prison time as well as a fine of up to $20,000. The charge can be pursued by prosecutors as either a misdemeanor or felony, which would change the amount of time and fine a person could face. A suspect could face 1 to 3 years in prison, under the law.

Obviously, it would be better for the suspect to be charged with a misdemeanor. And while the state controls the defendant's destiny, hiring an experienced criminal attorney early in the process can be advantageous.

For one, the attorney can speak with the prosecutor who will be handling the case before he or she files formal charges against the defendant. This is important because it allows the state to hear a second opinion. Rather than relying 100 percent on the police officer's opinion, the prosecutor now hears from the attorney, who can relay the defendant's perspective.

This sometimes can lead to the state not filing charges at all or filing a reduced charge. Because law enforcement's standard of proof is "probable cause," which is a low standard to meet and the state's burden of proof is "beyond all reasonable doubt," a high standard, prosecutors have to take a careful look at the facts and determine if they can prove the charges to a jury "beyond reasonable doubt."

That's why hiring an Riverside County felony attorney who can sort through the facts can be a big advantage. For one, it helps in plea negotiations. Or, it may mean the state doesn't file charges at all and the defendant can go free.

This applies to any type of charge, whether animal cruelty, robbery, assault or even juvenile cases from Riverside to San Jacinto.

But waiting a long time to decide which attorney to choose would be a mistake. This opportunity may long be gone and the state may have a better chance for victory. Don't wait. Call today.

Continue reading " Riverside Men Charged With Animal Cruelty After Alleged Horse Dumping " »

The Press-Enterprise recently wrote an article praising the San Bernardino County Sheriff's Department's crime lab, but what the article doesn't address is how crime labs aren't 100 percent accurate.

Orange County Criminal Defense lawyers have seen many cases where crime labs produce faulty test results and they are challenged in court. While a lot of the work done by crime scene investigators is accurate, it's not fail-proof. An experienced criminal defense attorney knows how to challenge the lab results and suppress evidence before trial.

According to the news article, the crime lab was used to search for evidence in the 2010 case of a man accused of shooting a Riverside police officer. When investigators searched a semi-truck cab and found a fingerprint, they identified a suspect, which led to an arrest. In 2010, the lab analyzed nearly 25,000 drug, breath, blood, DNA, ammunition, firearm and trace-evidence samples, as well as tire tracks and shoe prints.

As television has noted, crime scene investigation, commonly called CSI, has become an increasingly popular tool for law enforcement. The advent of DNA evidence and analysis has given law enforcement officers another way to produce facts against a suspect.

DNA evidence is crucial in many types of cases, but perhaps none more than murder and sex crimes. Murder in California, California Penal Code Section 187, is the most severe charge the state can levy against a person. Therefore, it requires a significant amount of evidence. Police will often search for fingerprints on a weapon or inside a vehicle or house to prove a person committed the crime. They will sometimes send items to a lab for analysis.

Without getting into the complexities of DNA evidence, analysts don't typically match a sample with a sample taken from a suspect with 100 percent certainty. Analysts usually will testify the sample is consistent with the suspect compared to a certain number of Caucasians, for example. For instance, the report may say the probability of someone other than the suspect matching the tested sample is about 1 in 10,000 Caucasians. What that means is that there are many other people whose DNA could potentially match the tested sample.

Additionally, there have been many cases in which a lab's tests have been challenged on any number of grounds. In each case, evidence is suspect and should be vigorously challenged in court and even before trial. In Orange County sex crimes, too, DNA may be the only evidence separating a suspect from a conviction and freedom.

And while this particular crime lab is funded by the county, there are many crime labs that are private and used by law enforcement.

Continue reading " Orange County Crime Labs Gain Recognition, But Aren't Infallible " »

Two California men are accused of playing slot machines with stolen debit card numbers and spending more than $400,000 in other people's money after getting a bank to send them other people's debit cards, The Press-Enterprise reports.

Theft charges in California can range from something as petty as shoplifting a candy bar to an act as serious as committing fraud. Regardless of the charge, you have the right to defend yourself and you should consult with a Riverside County criminal defense attorney as quickly as possible to discuss your defense.

The men face charges under the California Penal Code as well as under U.S. Code. Under California law, one of the men is charged with grand theft, fraud and burglary. Those charges stem from allegations that he used more than two dozen fraudulently obtained Chase Bank Visa debit card numbers to purchase about $25,000 in gift cards at the Pechanga Resort and Casino in Temecula.

But the federal charges apply to both men. An indictment alleges the two got Chase Bank to send them debit cards that didn't belong to them and spent more than $400,000 to make purchases and ATM withdrawals from Riverside, Orange and Los Angeles counties to Las Vegas.

Simply put, theft in California is the unlawful taking of another person's property without his or her permission and with the intent of keeping it. Less than $400 in value stolen is classified as petty and more than $400 is considered grand theft. Typically, the less the amount stolen, the lower the penalties and even grand theft can be charged as a misdemeanor.

But as the value stolen increases and the level of sophistication rises, the penalties get steeper. Grand theft in California can be punishable by years in prison. When most people think of theft, they may think of a car thief or someone committing a burglary. But the term is general and can apply to someone committing insurance fraud or, in this case, bank and wire fraud.

These are very serious charges. They can result in serious prison time, can often be very complex financial cases and require scores of witnesses. Don't attempt to fend off the charges on your own and don't trust the first attorney you find. Call for a free consultation.

Continue reading " Casino, Bank Theft Charges Require Aggressive California Defense Lawyer " »

The California Highway Patrol and local law enforcement throughout the state are planning a crackdown on seat belt violators during the Memorial Day weekend, The Los Angeles Times reports. And while officers will no doubt be looking for people violating seat belt laws, their main goal is likely to find people they believe have been driving under the influence in California.

According to the California Office of Traffic Safety, officers made 139 DUI arrests in Orange County, 144 DUI arrests in San Bernardino County and 663 DUI arrests in Los Angeles County during Memorial Day weekend 2010.

Orange County DUI attorneys understands that Memorial Day weekend is a time to relax, enjoy time with friends and family, and otherwise unwind. For some, that can include drinking alcohol. And while no one condones drinking and driving, many people who are arrested for the crime are innocent.

A DUI arrest based on a seat belt violation can be a complex situation. For one, you could be subjected to hundreds in fines. The Times says you could face a $142 ticket if an adult isn't wearing a seat belt and $445 if a child younger than 16 isn't buckled up. Nighttime drivers are less likely to wear seat belts, the report says, so law enforcement will be doing more patrols after dark.

But you could also face points on your driver's license. You could pick up a point if a child under 6 isn't strapped in. Your driver's license could also gain points for other types of infractions, which can increase insurance rates and lead to a suspension.

But that's just the beginning. If an officer suspects you have been drinking, you could be investigated for violations of various California DUI laws, which could send you to jail and subject you to criminal charges.

In order to be investigated for DUI, law enforcement will have to show you committed a traffic infraction. That could include not wearing a seat belt, weaving in and out of traffic, driving erratically or being involved in an accident. From there, officers will likely conduct field sobriety tests. They will likely ask you to submit to a breath test to determine your blood-alcohol level.

There are defenses to all these scenarios, but you must consult with an attorney immediately. For instance, officers may not be properly trained to conduct field sobriety tests or you may not be able to perform them because of a physical limitation. Breathalyzers are constantly being challenged because of defects. You should fight the charges, but trust the Criminal Defense Team.

Continue reading " California Highway Patrol To Seek Drunk Drivers This Memorial Day " »