California Criminal Defense Attorney Blog

A recent case in Nevada, Stephans v. State, highlights the problems that defendants in Santa Ana could face when prosecutors cut corners.

Charges of theft in Santa Ana can carry hefty prison sentences, which is why they must be taken seriously by the defendant. While there may be a possibility the charges can be reduced from felonies to misdemeanors, that's not always the case. Plus, there's always the possibility that the state could ask for restitution, which is payment for the money lost.

Orange County criminal defense lawyers take theft cases seriously because we believe every client deserves a fair trial. That means having a dedicated lawyer well versed in examining all the evidence to prepare a strong defense.

In the Stephans case, Nevada prosecutors obviously cut corners in their effort to secure a conviction in this case. At trial, over the defense's objection, prosecutors were able to rely on a loss-prevention officer to testify against Stephans and a co-defendant, who were charged with stealing six bottles of cologne from a department store.

At trial, the officer testified that the two men stole six bottles of cologne, though they weren't offered into evidence. The officer testified that he collected the price tags and they totaled $477. In Nevada, in order to prove grand larceny, the value must be proven to be $250 or more and after considering the officer's testimony, the jury convicted on that charge.

Rather than calling in a store manager who could testify about the price of the cologne or admitting into evidence a normal bottle of cologne with the price tag, prosecutors were able to rely on the word of a security officer, who didn't even have the price tags with him. The jury never saw that. That's one piece of evidence that was readily available, but the state was too lazy to gather it and bring it in.

Luckily, the Nevada Supreme Court overturned the grand larceny charge and sent it back for a new trial. The loss-prevention officer's testimony shouldn't have been admitted, the state's high court ruled.

Sadly, it happens with some frequency that prosecutors attempt to get a conviction with less-than credible witnesses and a cut-corners approach. Many prosecutors have hundreds of cases to handle at once, but that's no excuse to violate the rights of one defendant.

And that, in large part, is why hiring an experienced Santa Ana criminal defense lawyer is so important. A defense attorney acts as a check-and-balance to the criminal justice system, which is also a check-and-balance for the prosecution.

Every defendant has a right to a fair trial, whether a simple battery case, theft case or murder case. Regardless of the charge or the possible penalties, everyone must follow the rules, and that includes prosecutors. Sadly, it took several years before a court could make the right decision in the Stephans case, but appeals courts are there to hold trial courts accountable. For Stephans, and other defendants who see justice, it's good the system works as it does.

Continue reading " Be Wary of Prosecution's Attempts to Use Shady Tactics in Santa Ana Theft Cases " »

A Los Angeles Police Department veteran of 18 years was arrested after being caught with merchandise stolen from an upscale residence there.

San Bernardino criminal defense lawyers predict this will be a headline-maker for months to come. The news media will likely be providing constant reports being that the suspect is a law enforcement officer allegedly involved in this San Bernardino burglary case.

As happens from time to time in theft-related cases, the police are investigating to see if they can link the sergeant to other burglaries in the area that have gone unsolved. It is important that a person's rights be defended at every level of the investigation to ensure a fair process.

Sometimes, police charge defendants with multiple burglaries that are not based on strong evidence, like DNA or fingerprints, but rather on "motive" or "similar styles" of the crime being committed, such as an area of town or type of tool used to pry open windows or doors. This shaky thinking offers little proof that a person was actually connected.

In the officer's case, he was caught breaking into a home on Tres Lagos Drive. After a woman returned from walking her dogs, she saw the man, screamed and reported that he was "pursuing" her as she ran away.

She then turned around and unloaded a can of pepper spray, a self-defense device designed to ward off attacking bears. The man ran away, got into his vehicle and drove away. Several blocks away, he crashed his car. When officers arrived, they found him disoriented and reeking of pepper spray.

The woman has told the news media that she has moved, fearing retribution since the officer was released on $125,000 bail. "I'm really, really scared," she said.

The man has not yet been charged by prosecutors since the investigation is ongoing, the Times reports. It's likely he will face a burglary charge and possibly other charges based on this case. If detectives can put together relevant evidence, he could face charges in connection with other outstanding burglaries as well.

According to the Times, deputies found cameras, camera equipment, jewelry and other goods in the man's vehicle that belonged to the woman. It appears he was caught red-handed, but proving he committed other burglaries could be a challenge.

Given the high-profile nature of the case, detectives may be inclined to spend extra time attempting to link open burglary cases on the man if they believe they have the proper evidence and cause. Sadly, the only property crimes that are typically solved are the ones where a person is found at the scene or nearby. There are likely thousands of open property theft crimes on the books because officers sometimes are forced to put older cases on the back-burner when new cases come in daily.

We are hopeful that detectives give the suspect, and any others in his situation, a fair investigative process in order to preserve his rights.

Continue reading " LAPD Sergeant Busted for Burglary in San Bernardino County " »

A recent case out of Iowa shows why all suspects, regardless of the charges they may face, should not make statements to police or anyone else after they are arrested..

In State v. Pearson, a 17-year-old was arrested and charged with beating an elderly man. Smartly, he invoked his right to remain silent when confronted by police. Stupidly, he admitted to the crime to his social worker the next day.

Because he made the statements without his attorney and there was no attorney-client privilege in place with his social worker, the statements were used against him at trial. His jury convicted the teen of first-degree robbery, willful injury and being armed with intent.

Juvenile crimes in Santa Ana are difficult because teens who get arrested often are so terrified, they don't consider the implications of speaking with police or anyone else for that matter.

They must rely on a Santa Ana criminal defense lawyer to give them sound advice the moment they are arrested. You should never take any action, including talking with police, until after consulting with an attorney.

Pearson shows us that remaining silent is always the smart move. Consider a number of things. If police have called in a person for questioning who they believe is a suspect, the person is automatically put on the defensive. If they have no proof to hold a person and they aren't considered under arrest, they don't have to speak with police at all.

But if a person does choose to speak with law enforcement officers, their statement is recorded, sometimes video recorded, and officers are taking notes the entire time. Usually, there are two officers so they can feed off each others' questions. This pins suspects in the corner as they attempt to talk their way out of the charges.

But this isn't the same as trying to convince your parents you weren't at that party. There are serious implications on the line and your parents aren't as well trained as the police are in dealing with interrogations. They come across thousands of suspects, who all are trying to convince them they weren't involved.

Remaining silent has the distinct advantage of the element of surprise. If a suspect refuses to talk and police make an arrest anyway, the prosecution has no idea what they might say if they decide to testify at trial. If they make a statement and then testify, prosecutors will use the prior statement, and any inconsistencies in it compared to the testimony, against the defendant.

If there are major changes from what the person said at the time of arrest versus trial, the jury may think the trial testimony is a lie. That hit to credibility can sink a defendant. But if there is no prior statement, the prosecution can't use a non-existent prior statement to its advantage.

Continue reading " State v. Pearson is Good Example Why 'Right to Silence' is Smart in Santa Ana Juvenile Cases " »

Two men have been arrested after they were allegedly involved in a high-speed chase with police in Ontario, The Sun of San Bernardino reports.

High-speed chases have been made popular by California criminals, with the most popular chase likely belonging to O.J. Simpson. But a warning to those who may consider fleeing from police at high rates of speed -- not only are these dangerous, but police usually catch the suspects and they end up facing a host of additional charges.

For someone who faces a charge of assault in Santa Ana or burglary in Ontario, it's understandable that seeing a police officer in your rear view mirror can be terrifying.

But fleeing at high rates of speeds can result in injury to you, injury to other drivers or pedestrians or possibly death, if driving on a crowded highway or busy side streets. This can multiply the charges a person faces because police will go from curious to furious and put up as many counts against the driver as possible.

In any scenario, charges require the skills and experience of an Ontario criminal defense lawyer who will be able to look at all the evidence and create a strong defense strategy for the client. Not every charge is what it looks like and every criminal defendant deserves the right to a fair trial.

According to The Sun, a 31-year-old man and his 22-year-old passenger were arrested recently after one of these chases. Officers arrived on West D Street around midnight one recent day after receiving a call of people loitering in the area.

When officers pulled up, they saw a vehicle driving away. When cruisers attempted to pull over the vehicle, it sped off, police said.

The 31-year-old driver alleged drove at high speeds, on the wrong side of the road at times and tried to ram a police car during the chase. Officers bumped back, using a patrol car to bump the man's vehicle, causing it to stop on West Locust Street.

The driver ran off, but was apprehended by police. The man allegedly dropped a gun during the chase. His passenger was held on a warrant for burglary, but he doesn't face charges related to the chase.

The driver, though, now faces charges of assault with a deadly weapon, felony evading and resisting arrest.

And the whole thing started over a call for loitering in the area. Had police pulled the vehicle over and they talked things over, no charges may have been filed. Of course, they could have run the passenger's name and found he had a warrant, but otherwise, it's possible no one would have gone to jail.

Now, the driver faces many years in prison if convicted of the charges because of his decision to allegedly speed off rather than being pulled over and talking with police. This snap judgment can cost drivers in the long run. And it usually only comes down to a split-second decision.

Continue reading " Two Charged After High-Speed Chase With Ontario Police " »

A 57-year-old Coto de Caza financial planner was convicted recently of stealing $2.8 million from 33 seniors in a tax-free bond scheme, The Orange County Register reports.

With the economy so poor right now, many people are resorting to embezzlement schemes in Orange County that seek to steal money from people through various white collar criminal plans.

But that's not to say that every investment plan, real estate deal or financial planning situation is a scheme. And, sadly, that approach has been taken by many investigators in recent years. With many people making bad investment choices, combined with the economy tanking, law enforcement have been looking for people to blame.

And this has led to many people's names being tarnished in prosecutions throughout Orange County and much of the rest of the nation. Santa Ana criminal defense attorneys have seen police and prosecutors bring weak cases simply because they have pressure from the public and their bosses to ensure someone is arrested.

In this case, the man recently pleaded guilty to 30 felony counts, including elder and grand theft. The newspaper reports he is expected to be sentenced to 18 years in prison for the crimes to which he has admitted guilt.

Strangely, the crime dates back to 1997, but the man was just recently charged. According to prosecutors, he stole the money over a one-year period starting that year, convincing seniors to invest in bonds, but he intended to keep the money himself.

Many of the victims had known the man since he was a child and were friends of his father's church. The state says he targeted people who trusted him, including people who were suffering from dementia or were recently widowed.

The state alleges that the man used the money he stole for homes in Coto de Caza and Mammoth, on a golf club membership and on cars. They say he told victims he was a lawyer, though he isn't and produced fake documents to ensure the investments were safe.

These investment plans can be very complex. They typically involve a person or company handling the investment dollars of many people and can involve the bond or stock markets or highly fluctuating real estate prices.

Well, five years ago, the economy looked fine and now it's terrible, so it's likely that many investment opportunities tied to real estate and the economy went in the tank. But because of the general perception that investment leaders are scam artists, investors are pointing fingers. They are now coming out saying they were ripped off and tricked.

No investment opportunity is 100 percent fail-proof, yet investors are complaining to police that they were told they would have high returns. And, in turn, police investigators are digging into company's private records hoping to find something out of the ordinary enough to bring charges.

There have certainly been a number of investment schemes in recent years, but that doesn't mean that every person offering an investment is a scam artist. Yet, if the deal fails, that's how they are treated. And they deserve strong criminal defense representation in order to ensure the truth comes out at trial.

Continue reading " Coto De Caza Man Convicted of Embezzling $2.8 Million From Seniors " »

It's probably far from a rosy atmosphere at the Fullerton Police Department these days. Some officers have been charged with murder, and another charged with groping women. Adding to the department's woes is the revelation that a squad of officers busted into the wrong house during a raid and never told anyone about it.

Hopefully, prospective jurors out there are taking note that some officers do make mistakes, just like everyone else. Just because they say "this is the person who committed the crime" doesn't mean it's so.

Whether arrested and charged with robbery in Santa Ana or other high-penalty crimes, an experienced Orange County criminal defense attorney must scrutinize all police actions in order to determine if they followed policies and procedures in making an arrest.

Think about the recent alleged actions of Fullerton police officers and the recent injustice in Italy with Amanda Knox being imprisoned for four years for a murder she didn't commit and for which there was little evidence. It should be painfully clear that there are police officers and prosecutors who want an arrest so badly they will act dishonestly and bend the truth in order to get it. And when the news media is involved, their job is intensified and the desire to nail down an arrest becomes that much more of a pressured situation.

Two veteran police officers have been charged in connection with the July death of a homeless man in Fullerton. Both have been placed on unpaid leave after being arrested. One faces charges of second-degree murder and involuntary manslaughter and another faces charges of involuntary manslaughter and excessive use of force.

On July 5, four officers were involved in an alleged beating that led to the death of a 37-year-old homeless man, the Los Angeles Times reports.

In another embarrassing moment for the department, officials are now planning on firing an officer who was allowed to return to work after allegedly groping several women. He was placed on leave in 2008 and returned to work after allegations made by seven women. He was against placed on administrative leave July 9. The city has already paid out $500,000 to settle claims made by two women.

And the hits don't stop coming.

Just recently, the department had to issue an apology because it raided the wrong home during a drug probe. When officers were attempting to perform a search of a home where a person on probation was living, they went into a back alley and entered the wrong gate, leading them to the wrong house. Officers recognized the error immediately, but apparently didn't report the incident right away, the newspaper reports. The department eventually came up with a new policy for handling such incidents, which officials say rarely happen.

While all these incidents certainly don't mean that every police officer makes such mistakes, it means that mistakes do happen. Jurors shouldn't take police officers at their word compared to lay witnesses, including the defendant.

Some might say that the defendant's words shouldn't be trusted because his or her liberty is on the line. Others might point out that officers' jobs are on the line if they fail -- on a grand scale -- to prove a case.

Continue reading " Bad Year For Fullerton Police In Dealing With Orange Country Crimes " »

The recent case of a store clerk getting pistol-whipped during a robbery in Anaheim brings up a critical issue in our criminal justice system -- the reliability of eyewitness testimony.

Police are still searching for suspects in that case of robbery in Anaheim, but investigators will no doubt rely heavily upon the words of the victims as well as grainy video tape from the store, if available.

California courts must take note of what's going on in New Jersey, where authorities have changed the rules when it comes to how much credibility is given to eyewitness testimony in criminal cases. Justices for the New Jersey Supreme Court recently passed rules that would allow for a hearing and a specific jury instruction if witness credibility issues are brought up.

An experienced Anaheim criminal defense attorney will be able to identify any problems or inaccuracies in a witness's testimony. This could result in convincing jurors or a judge that the witness shouldn't be trusted, but not always. Further rules would allow defendants to get a fair trial where others before them have been locked up based on poor witness testimony.

This issue is especially pertinent after Georgia officials recently executed convicted murderer Troy Davis after seven out of nine witnesses changed or recanted their testimony that he killed a police officer there. Despite pleas from throughout the world, Georgia officials denied his pardon and executed him.

According to The Orange County Register, police responded to a liquor store one night that had been robbed. As police arrived, they searched for two men who ran out of the store, but couldn't find them.

Two clerks said two men walked in and one jumped over the counter, demanded money and hit the clerk in the head with a gun. The other clerk ran to help, but was also hit in the head. After taking money, the two ran out of the store. The police provided vague descriptions to the public of two 20- to 30-year-old men.

The problem is that not only were both men struck in the head, which could affect their memories, but they were also terrorized, which can lead them to false memories or tainted accounts of what happened. Obviously, they have a motivation to see someone arrested and the longer there isn't an arrest, the more pressure they may put on police or police on them.

At least New Jersey officials are taking notice. The New York Times reports that judges there must hold a hearing if questions are brought up about a witness's credibility or shaky testimony and a number of factors must be considered. Police influence, whether they were taking drugs or alcohol at the time they saw an event unfold, the time of day, distance between them and the suspect, and other factors must be considered.

Judges may also be able to give jurors a specific instruction -- even in the middle of trial -- that would tell them the dangers of witness credibility and the factors that could cause a witness to be untruthful or unreliable.

Justices wrote that there is a "troubling lack of reliability in eyewitness identifications." The newspaper speculates that New Jersey's decision could influence other states as it has been a trendsetter for criminal justice issues. Let's hope California court officials are taking notice.

Continue reading " Witness Identification in Santa Ana Cases Must Be Scrutinized " »

A recent article by the CoronaDelMar Patch states that detectives say heroin use and sales are on the upswing in Newport Beach, a disturbing trend for police.

Drug crimes in Orange County are always serious charges to pick up because lawmakers have been adamant about increasing the penalties to serve as a deterrent to future users, buyers and sellers.

Sadly, these crimes of drug possession and sometimes sale tend to affect juveniles in Santa Ana and throughout Orange County. This can be dangerous because it can lead to disqualification from college, scholarships, jobs and the military. A conviction for a young person can lead to much more than possible jail time. It can mean a ruined future.

Fighting drug charge must be a priority. And it must be done by an experienced and dedicated Santa Ana criminal defense attorney who can use the years of experience handling similar cases to fight the evidence and the facts prosecutors intend to use at trial.

According to the California Health and Safety Code 11350, a person must be sent to prison if they are convicted of an offense involving heroin or other controlled substance. They can be sentenced to fines and fees, community service, probation and other penalties as well.

In Newport Beach, the numbers are a bit staggering. In the last three months, police say they have made 13 heroin sales arrests, 19 heroin possession arrests and 18 arrests for possession of narcotic prescription pills.

Most of the suspects are in their early 20s or late teens, with some as young as 17. Detectives tell the newspaper they are most concerned about the age of the suspects, with many saying they were introduced to the heavy drug at parties.

The most common form of the drug is black tar heroin, which is made in Latin America. Mexican drug cartels are blamed for moving the drug into the country, while Hispanic street gangs distribute the drugs once it hits the Southern California.

Burned aluminum foil, burned pen tubes or straws, hypodermic syringes, burned spoons and torn plastic with a brown tar-like residue are tell-tale signs that someone has been using, police say.

It is important that our young people not get caught up in the dangerous and addictive world of using, buying and selling drugs. While an experienced Santa Ana criminal defense attorney can pull out all the stops in attempting to reduce the sentence or outright beat the charges, parents must take an active role in helping their teens.

Drug charges in Orange County often come with gun charges, as people dealing drugs tend to feel the need to have protection at all times. This can lead to additional charges and stiffer penalties. An attorney will always work to reduce the charges against a defendant or possibly get a not guilty verdict if the facts present themselves. But it's important for defendants to learn from an arrest and attempt to change their lifestyle so they don't make a habit of going to court. This is especially true for juveniles.

Continue reading " Heroin Arrests Increase in Newport Beach, Which Alarms Police " »

A man and a woman have been arrested and charged in connection with a shooting that happened in July at a Costa Mesa parking lot, the Daily Pilot reports.

This is a curious case because it took investigators more than two months to make an arrest. While the initial news reports aren't very detailed, it will be interesting to see what evidence detectives uncovered and whether it can lead to convictions.

Charges involving weapons, violence or even murder in Santa Ana are to be given the most attention because they can lead to a person spending years and even decades behind bars. California lawmakers have increased possible penalties against suspects charged with gun crimes as a deterrent to others who may consider committing a crime that involves a violent weapon.

But this often puts the defendants -- even before they are found guilty -- at a great disadvantage because the state has a leg up in plea negotiations with possible penalties being so high. An experienced Santa Ana criminal defense lawyer must be brought in to assess the facts and determine whether there are any inaccuracies in the police reports and investigations.

In this case, a 26-year-old man and 30-year-old woman have been arrested and are being held in custody on charges of conspiring to commit murder and attempted murder, Costa Mesa police are saying.

Officers have charged them with being involved in the July 16 shooting of a 26-year-old man who told police he was sitting in the driver's seat of a car that was parked at Paularino Elementary School. While he was waiting to meet a woman after work, he said he spotted a man wearing a dark, hooded sweatshirt who was talking on a cell phone.

The man allegedly approached the victim and opened fire, hitting him in arm, torso, shoulder and neck. Police say that the victim was at the school to meet the 30-year-old woman who was arrested. She is an ex-girlfriend who still had contact with the man who was shot.

Police allege that the woman called her ex-boyfriend to the school at the request of her co-defendant, who intended to harm him.

Police must establish a link between the two co-defendants in order to charge them with conspiring to kill the other man. And they must have identified the shooter with strong eyewitnesses and not shaky, less-than-credible people.

It's likely they have looked at cell phone records to determine whether the two spoke before the shooting, but that doesn't mean they conspired to kill the man. If the woman and her co-defendant were previously friends, that can explain a random phone call. The woman may have had no idea why the two wanted to meet, and she certainly may not have known it was to set him up to be killed.

In cases with multiple defendants, it's important that no one speaks with police unless he or she first consults with a Santa Ana criminal defense lawyer. Defendants' statements are used against them at trial. So if they contradict each other's or the police officer's account of the facts, it can turn bad quickly for the defense.

Continue reading " Santa Ana Pair Charged In Costa Mesa Shooting in School Parking Lot " »