California Criminal Defense Attorney Blog

The family of a Laguna Beach man is asking for the public's help locating the man's body, which has been missing since last summer, The Orange County Register reports.

Yet authorities have arrested his business partner and charged him with the murder.

This will be an interesting case to watch, as authorities have no physical evidence against the defendant to charge him in this Orange County murder case. Murder is the most serious crime on the books in California, as it's punishable by the death penalty in certain cases.

Therefore, hiring an experienced Santa Ana Defense Attorney to defend these charges is extremely important. Motions can be filed to suppress evidence or statements that the state intends to use against the defendant and an aggressive attorney can scrutinize all aspects of the prosecution's case.

According to the newspaper account, the two men ran an ad agency in San Juan Capistrano and detectives believe the two had a falling out and the victim wanted to split. He was supposed to get $1 million to buy his half of the company, but authorities believe his business partner killed him instead.

After the time authorities believe he was killed, they received messages and emails from his accounts, which described vacations. For months, family members thought it was strange but didn't take any action until they finally reported him missing.

A month before authorities believe the man was killed, his business partner was convicted of embezzlement and ordered to pay restitution and he was sued by the victim. Police believe that was motive enough for the killing.

They say the man confessed to killing the man in their San Juan Capistrano offices and an assistant helped get rid of the man's vehicle, which was found in San Jose, as well as the man's possessions.

Yet officials still don't know where the body is. So, without that evidence, it may be difficult to get a conviction. Police often tell the media that a person confessed, but what exactly they said won't be made public for a while.

And if the state manages to get the man's assistant to become a witness, his testimony must be scrutinized. He is likely going from a possible prison term to maybe probation or less serious sanctions and will probably say just about anything the prosecutor tells him to say.

If the defendant tells a different story in his own defense on the stand and was possibly so nervous at the thought of being questioned in connection with a homicide that he said things construed by police as a confession, he may be able to avoid a conviction.

What the general public fails to understand sometimes is that sitting in a tiny cinder block room with two detectives who want nothing but a full admission to a murder is daunting. To know that you may be going to jail and to have police officers screaming at you is nerve-racking beyond belief. People sometimes say things that aren't true.

These things must be explained at trial in order for a jury to understand. This isn't a police television show; this is real life. And in real life, the state must prove the case beyond all reasonable doubt.

Continue reading " Irvine Faces Murder Charge Without a Victim's Body " »

The trial of five men accused of killing an inmate they believed was a child molester began in Santa Ana recently, The Orange County Register reports.

The five men on trial are charged with murder and face possible prison sentences of 25 years to life, if convicted. Three other inmates pleaded guilty to voluntary manslaughter and a fourth is expected to plead, the newspaper reports.

Charges of murder in California are the most serious and, therefore, require the most diligent and aggressive defense possible. That's why consulting with an experienced Orange County Criminal Defense Attorney before doing anything -- and that includes talking to police -- is so important.

Someone who is accused of murder is law enforcement's enemy and they are trying every way possible to get enough evidence to secure a conviction. An attorney can stand by the defendant's side and ensure their rights are upheld.

In this case, a man was booked into the Theo Lacy Jail on a misdemeanor charge of possessing child pornography. But the other inmates identified the man as a child molester and beat him severely, prosecutors told jurors during opening statements. According to the news article, the victim suffered ribs broken and fractured in 43 places in the assault, which was physical and sexual. He died at a hospital.

According to the article, the defense will attempt to show jurors that sheriff's deputies in charge of ensuring safety were complicit in the attack, and allowed it to happen. The newspaper reports that the man's death triggered investigations, including some that determined deputies recruited inmates to police one another rather than doing it themselves.

Jailhouse attacks can be among the most brutal, but finding credible witnesses is often a difficult task for prosecutors. And the same can be said for crimes that happen in public. Many times, the police will make arrests of multiple defendants, accusing them of a gang-related or group homicide, only to find they have few credible eye witnesses. When the state agrees to a plea deal with a co-defendant, the co-defendant has a vested interest in pinning the crime on the others and a trained attorney will make sure to point that out to jurors.

There are different forms of homicide under California law. California Penal Code 187 defines homicide and lays out the possible penalties.

First degree murder: Murder by using an explosive device, premeditation or while committing another felony, such as kidnapping, burglary, rape or robbery. It is punishable by 25 years to life, life or death.

Second degree murder: Murder, which is "the unlawful killing of a human being, or a fetus, with malice aforethought," is in the second degree if committed differently than as defined as first degree. It is punishable by 20 years to life, 25 years to life or life.

Manslaughter: It is the unlawful killing of a human without malice. It can be voluntary (heat of passion), involuntary or vehicular. Voluntary manslaughter is punishable by up to 11 years in prison, while involuntary is up to 4 years and vehicular can be up to 10 years. The circumstances dictate the possible length of prison sentence.

All of these penalties are severe and therefore require the most aggressive defense possible. That means working to suppress statements and evidence, such as DNA, fingerprints and eye witness accounts. Scrutinizing all state witnesses and reports and fully preparing for a jury trial to prove the client is not guilty and holding the state to its burden of proving the crime beyond all reasonable doubt is necessary.

Continue reading " Murder Trial Involving Inmate Beaten to Death Begins in Santa Ana " »

A Fullerton man convicted earlier this year for twice ejaculating in a co-worker's water bottle for was ordered to pay $27,000 on top of the jail time for battery, the Los Angeles Times reports.

Charges of battery in Orange County can be serious, as can allegations of sex offenses. Both can require time in jail or prison as well as possible registration as a sex offender or sex predator. These types of charges require the services of an experienced Orange County Criminal Defense Lawyer, who can scrutinize all evidence the state intends to use in its prosecution.

According to the newspaper, the 32-year-old man was recently ordered to pay the woman $27,410.80 to cover lost wages, therapy and medical expenses, including the money she paid to have the tainted water tested.

The man was found guilty of two misdemeanor charges of battery in February after he left semen-laced water on his co-worker's desk at the Newport Beach office they shared on two occasions. The woman drank from the bottles both times. She threw the first away after detecting an unusual taste. She saved the second to test it. The man's DNA later matched the water bottle.

Depending on the circumstances, it may have been possible for the state to charge him with some type of sex crime. In California, convictions for certain sex crimes can require the defendant to register as a sex offender for a period of time and sometimes for life.

These sex offender and sexual predator registries are viewable to everyone. In California, people are required to notify law enforcement when they move so neighbors get notices telling them a person has moved in nearby. It can be very intrusive for people, which is why an aggressive defense is necessary.

Obviously, sex crimes can vary. They can range from indecent exposure, which many times is accidental and charges aren't warranted, to a forcible rape. Failing to register as a sex offender is also a crime.

The same goes for battery. Battery charges are different than assault charges. Assault is an attempt or threat of violence against a person. Battery is actually physically abusing someone, therefore the charges are more severe. In this case, the man was charged with battery.

Much like sex crimes, battery charges vary depending on the circumstances. The amount of harm done to another person and whether a weapon was used -- such as a knife, gun or baseball bat, for instance -- can determine the possible penalties.

And while restitution is typically reserved for white collar crimes that include stealing money, a judge determined it was applicable here. The victim in the case apparently lost time at work, had to go through counseling and had to pay to get the water tested at a private laboratory, which all cost money. And because the man was convicted, a judge ordered him to repay the costs.

The criminal justice system is complex and there are many things to take into consideration when defending charges that threaten a person's liberty. Between defense strategies, determining if restitution is applicable and many other considerations, an experienced and aggressive Orange County Criminal Defense Attorney must be consulted in order to work on getting the best possible resolution for the client.

Continue reading " Fullerton Man Pays $27,000, Serves 6 Months for Ejaculating in Co-Worker's Water Bottle " »

An Irvine man has been charged by police with being a suspected serial rapist, ABC News reports.

Authorities allege he is responsible for three separate Orange County rape cases. He is being held without bail.

Sex crimes in Irvine and throughout Orange County can sometimes be difficult to prove. With DNA evidence technology, authorities can sometimes have a better chance at a conviction, but even that can be disproven with an experienced and aggressiveIrvine Sex Crimes Defense Attorney.

According to the news article, police believe the 29-year-old is responsible for three rapes in Irvine and Newport Beach between 2005 and 2010. According to police, they discovered DNA and fingerprints from a suspect in rapes in both cities, yet had no one matching the DNA or prints in any law enforcement databases.

The alleged rapes occurred on May 20, 2005 in Newport Beach, in Irvine on Nov. 30, 2006 and in the same Irvine apartment complex on July 7, 2010. In each of the cases, victims were unable to provide a description of the suspect because his face was covered, police said.

This June, police received a call of a suspicious person in the area. After beefing up patrols, especially at night, the 29-year-old was one of the people seen in the area. It's unclear whether he willingly provided a fingerprint, but the story says a fingerprint in the Newport Beach case was linked to the man and that print matched the two found in the Irvine investigations.

Rape in California is defined as an act of sexual intercourse with a person other than a spouse where the person is incapable because of a mental disorder to give consent, it is against the person's will due to force, violence or injury or where the person is intoxicated and couldn't resist.

Under California law, rape is considered a violent felony and punishable under the state's Three Strike Laws. A person convicted of rape can face up to 8 years in prison and must register as a sexual offender for life.

As previously discussed on the California Criminal Defense Attorney Blog, sex crimes are more serious than most crimes on the books. Because of their nature, someone convicted of these types of crimes are punished beyond the prison sentence they receive. One must also register as a sex offender, leaving their picture, address, identifying marks and other information on state and national web sites forever.

While other crimes allow for punishment and once the time is served, the person can move on with life, sex crimes punish a person forever. They must always notify law enforcement when they move and neighbors may fliers telling them the person is moving nearby.

It is humiliating and crimes of this nature must be aggressively defended. DNA can be disproven if the state lacks concrete evidence or improperly investigated the case and eye witness testimony can often be spotty, especially in cases where violence was involved. How police handled the case and obtained evidence can also be scrutinized for errors -- a successful motion to suppress evidence can lead to a reduction or dismissal of the charges. All areas of these serious charges should be analyzed by an aggressive Irvine Criminal Defense Lawyer.

Continue reading " Irvine Man Charged With Three Area Rapes " »

An employee of the Korea Times was arrested and charged with suspicion of grand theft and embezzlement for allegedly taking more than $140,000 from the newspaper, the Los Angeles Times reports.

An Orange County Criminal Defense Attorney with experience in all areas of criminal law should be consulted in cases as serious as this. Charges of embezzlement in Fullerton and throughout California can carry serious charges and must be handled aggressively to defend against long prison sentences.

According to the newspaper article, the 52-year-old worker, who had worked at the newspaper for more than 20 years, is accused of soliciting advertisements for the paper but asking that checks be made out to him, according to the Garden Grove Police Department.

The man allegedly deposited checks into his personal bank account; the alleged crimes were discovered last year by newspaper officials. They allege the conduct goes back to 2009. Police told the newspaper the man confessed to taking the money, saying he was trying to keep his wife's financially troubled business from failing.

Theft in California can range from simply stealing a packet of gum from a convenience store to robbing someone at gunpoint after breaking into their home. And while the definitions of the crimes vary, so do the possible punishments.

A person convicted of these charges can face equally different penalties. On the low end, a person can simply be sent to jail for a few days and possibly have to pay fines and fees or a short time on probation. On the high end, a person may be faced with years to decades in prison, sometimes followed by supervised release.

According to California Penal Code 186.11, a person who commits two more more related felonies, one of which is related to fraud or embezzlement, can be punished to an additional number of years in prison on top of the sentence for the crimes they are convicted of. This is an enhancement provided under California law.

Grand theft, however, has many definitions and many types of activity can qualify a person to face that charge under California Penal Code 484. A person can face the charge, depending on how much is allegedly stolen, and what types of possessions are taken. It can range from cash to electronics to fruits and vegetables in California.

Regardless of why the charges of are filed, hiring an aggressive defense attorney who can seek to eliminate potentially incriminating evidence and fight against the state's theory of guilt may be the only way to protect a person's rights in court. Don't attempt to fight these very serious charges alone or entrust your case to someone who doesn't have the experience to handle it.

Some lawyers seek the first plea offer that comes around in order to make their job easier. But while sometimes that is the best option, there are always other options in a criminal case. Seek an attorney who will give you sound advice and who will fight for you.

Continue reading " Fullerton Man Charged with Embezzlement of Newspaper " »