California Criminal Defense Attorney Blog

For the fourth time in the last few weeks, a teacher from the Los Angeles school district has been arrested in connection with a molestation charge, the Associated Press is reporting.

Proving a Westminster sex crime can be a challenge, especially when the witnesses have credibility issues. In molestation cases, that typically means the allegation is groping or unwanted touching, meaning that DNA evidence likely isn't available.

While these are sensitive cases to handle, an experienced Westminster criminal defense attorney is able to look at all the evidence provided by the state and plan a strategy to defend the client. Any charge involving an alleged sex crime is major for the suspect and can not only cause them to face criminal penalties, but also a loss of reputation, possible job loss and other problems upon arrest.

The California Criminal Defense Attorney Blog reported recently that two teachers from a Los Angeles elementary school have been arrested and charged with various sex-related crimes. In one case, a veteran teacher is accused of 23 felony charges in connection with employing some strange tactics, including blindfolding students and feeding them strange substances. Authorities allege he fed children his bodily fluid on a spoon.

A second teacher from the school is accused of fondling a student. Both of these cases have led district officials and parents to question how these things could have happened. At this point, these teachers have only been arrested, not convicted. It's unclear whether police have any proof other than student allegations.

Now, the Associated Press is reporting that more teachers have been arrested. In cases where allegations are made inside a school, it's common for additional allegations to be made. In some cases, there may be credibility to the charges, but that might be lacking in other instances.

Police detectives have a difficult task of listening to these allegations and trying to decipher if students are telling the truth or just trying to get revenge or cause trouble. Or, if students make allegations, there may not be enough proof to bring charges. All of these are factors that go into a detective's decision to make an arrest.

Unfortunately, sometimes officers don't have much proof. Their case may hinge on an allegation only, yet they will still make an arrest. This is scary because it means that any person may end up in the cross hairs of an allegation. An arrest can ruin a person's life, even if it's untrue.

According to the news article, a high school teacher's aide has been charged with having sexual contact with a 15-year-old student. The 40-year-old is charged with contact with a minor with intent to commit a sexual offense.

Along with the two elementary school arrests, a janitor at a San Fernando Valley elementary school was recently arrested and charged with suspicion of committing a lewd act with a child on campus after the student's mother contacted police.

Authorities aren't releasing additional details at this point. The Associated Press reports that none of the alleged crimes were connected, however.

Continue reading " Southland Sex Crimes Case Nets Another Teacher Arrest " »

Fox News is reporting that $100 million worth of the drug PCP was seized and two suspects were arrested recently after Los Angeles law enforcement agencies worked on a drug trafficking operation.

Newport Beach drug crimes can lead to serious penalties, depending on many factors. For one, the type of drug influences the potential charges the state may try to file. The location of the drugs -- near a school or church -- the amount and the defendant's criminal history all play a role.

But as Newport Beach criminal defense lawyers know well, when law enforcement officers attempt to make arrests in large-scale drug cases, they must have all their I's dotted and T's crossed. When making these major allegations, the state must have proof beyond a reasonable doubt that every person is involved.

In any type of large-scale operation, knowledge that a crime is being committed is an important element, as is proof connecting one person to a larger scheme. Individual drug crimes are typically treated less seriously than organized schemes and trafficking operations. A drug sale and a drug trafficking case is a big difference.

In this case, authorities are calling it a drug trafficking operation, one that stretched across the country. A local group of officers called the Los Angeles Interagency Metropolitan Apprehension Crime Task Force worked on the case. They announced the arrests of a man and woman recently, Fox News reports.

LA IMPACT officers said they found gallons of PCP, also called phencyclidine in the possession of the suspects when they were arrested. When agents obtained search warrants, Fox News reports, officers raided several houses and storage facilities. They found 130 gallons of PCP - enough to produce about 10 million individual doses of the drug. The street value is typically $10 a dose.

Officers said they were able to seize $389,000 in cash, two weapons and other chemicals that could have been used to make another 500 gallons of the drug. Authorities are calling this the largest PCP seizure they have ever come across.

Authorities are calling the two suspects major players in a drug trafficking operation that is operating from Los Angeles to Texas, Washington D.C. and New York. The investigation lasted about a month, Fox News says.

This is obviously a large-scale operation that has many more people involved than just two in Los Angeles. It's possible, even, that these two defendants are small players in a larger operation. They could have simply been holding the chemicals for someone else.

In any drug case that involves a search warrant, every aspect of the case must be scrutinized. The wording of these documents is extremely important because if detectives deceive or mislead the judge who signed the warrant, police could lose out on the evidence they collected. In a case like this, that would make it tough for the state. If detectives don't have much evidence - only a "hunch" that a crime is being committed - that isn't enough to obtain a warrant.

Continue reading " Los Angeles Drug Raid Produces $100 Million Worth of PCP " »

A recent case out of Los Angeles shows that Fullerton sex crimes can be among the toughest cases to prove.

And Fullerton criminal defense lawyers have seen cases in which public pressure and constant news media attention can lead to law enforcement investigations that fall short of an acceptable standard of proof. While police and prosecutors have different standards, an arrest shouldn't be made without solid evidence.

In the case of Miramonte Elementary School, where two teachers have now been arrested for alleged sex crimes against young students, police have made major allegations with their arrests. In cases where minors are involved, their testimony must be judged just like any other witness or victim, though perhaps with some added scrutiny.

Questioning a child witness or victim is often one of the more difficult parts of the job for an attorney. While every witness or alleged victim must be questioned to ensure the truth is found, doing so to a minor before a jury takes a certain amount of strategy.

When a person is facing potentially years or decades behind bars in a prison, the stakes are so high that this must be done. Police must do a better job of using good judgment when they are investigating these cases because even an arrest can be damaging to a person's reputation and future.

According to the Associated Press, a teacher who worked at the school for 32 years faces 23 felony charges and he's being held on $23 million bail before trial. A second teacher has been arrested and charged with fondling a student.

The first teacher is accused of blindfolding students, putting cockroaches on their faces, taping their mouths and other bizarre acts. Hundreds of photos have surfaced, after detectives executed search warrants at his house and a local pharmacy photo processing lab. Some of the photos reportedly show him feeding a substance on a spoon to students during a "tasting game."

The media has repeatedly published the police accusation that the man fed his own semen to students. It's unclear who took the photos or whether police have any proof that the substance in some photos actually was the man's semen.

In order to prove that the man committed lewd sex acts against the students, police must have more proof than simply photos that show an unknown substance and allegations. This could end up being a disaster for investigators, while parents are left to wonder what really happened and a defendant is left trying to repair his reputation.

Because of the serious allegations in this case, it will be one that the news media continues to follow. The defendants will now be forced to not only battle the sex crime allegations, but also the damage done to their names. As the cases progress, it will be interesting to see what proof the police bring out and whether the witnesses are credible.

Continue reading " Fullerton Sex Cases Can Be Tough To Prove With Few Witnesses " »

A recent court case out of New York shows that contended facts can sometimes lead to a plea agreement that not only is bad for the defendant, but also can be unlawful.

In United States v. Culbertson, a man was charged with major drug offenses after an investigation by federal agents. The defendant had troubles with his court-appointed attorneys and eventually agreed to enter a guilty plea on his own. That led to a mandatory prison sentence of 12 years.

Irvine drug crimes can lead to decades in prison, depending on many factors, including the circumstances of the case, the type of drug, amount, where it was bought and sold, if weapons were involved and also the defendant's criminal record.

Irvine criminal defense lawyers understand that these charges are serious and can lead to long prison sentences if the state can get a conviction. We have also seen problems with prosecution cases that lead to dropped charges, lowered charges and not guilty verdicts.

When the police are relying on confidential informants, convicted felons and other less-than-credible witnesses, this is bound to happen. The state will often try to convince co-defendants to flip and become state's witnesses in exchange for a softer sentence. This often leads to witnesses who are former defendants giving testimony that may not be 100 percent truthful.

In this case, the defendant was done in by a seemingly impatient judge and an overzealous prosecutor who decided to ignore facts in trying to win a conviction. According to court documents, agents began investigating a drug ring operating out of Trinidad, that worked to send drugs to the United States.

In 2007, authorities stopped a woman at an airport coming in from Trinidad. Inside a suitcase, they found 10 kilograms of cocaine and 909 grams of heroin. The woman was arrested and told agents Culbertson had set up the deal, offering $5,000 if she would smuggle the drugs. When the woman was being interrogated, he called customs to see if she was there. She called him and told him to pick her up and when he did, he was arrested.

He was later indicted on charges related to the alleged drug smuggling operation. As the case progressed, the man had conflicts with his attorneys. When the judge would no longer appoint new attorneys, he appointed an attorney to be a "standby" lawyer, whom the defendant didn't want.

As trial approached, the man filed a motion for a hearing to determine which portion of the drugs found on the woman at the airport he was responsible for. The man contended that he was only responsible for three kilograms of the 10 found on the woman. The hearing was denied and the man ended up entering the guilty plea.

In the plea, the man agreed to being responsible for five kilograms of cocaine, though he had contended responsibility for only three. The five kilograms kicked in a sentencing mandate that led to a 10-year sentence.

On appeal, a court found that the judge didn't have a factual basis to accept the plea and the prosecutor's argument of why there shouldn't be a hearing -- because they were going to rely on a five-kilogram minimum weight instead of 10 for purposes of sentencing -- shouldn't have been valid. The appeals court ordered a new trial.

Continue reading " United States v. Culbertson shows how Irvine Criminal Defense Attorney Can Fight Bad Plea Deal " »

A Newport Beach man was arrested at his home recently after he refused to come out as police were attempting to serve an outstanding warrant from New York, The Orange County Register reported.

The man was wanted on a theft charge out of New York. It isn't often that police will use the S.W.A.T. team to make an arrest for a Newport Beach theft charge, but depending on the circumstances, they may be willing to use those types of resources.

Newport Beach criminal defense attorneys recognize that different law enforcement agencies handle these situations through varied policies. But regardless of the tactics used to make an arrest, every criminal defendant requires a fair trial.

In this case, U.S. marshals were provided a tip that a man from Westchester County New York -- just north of New York City -- was living in Newport Beach. The man had an outstanding warrant for felony larceny.

The man refused to come out of the house after police requested he give himself up. Police say he barricaded himself into the house and they knew he was registered as the owner of several weapons, including two AR-15 rifles.

Police said they evacuated neighboring homes and closed streets nearby. Police used a helicopter to circle overhead and monitor the situation. The newspaper reports that the S.W.A.T. team went into the home and eventually were able to take the man into custody.

The newspaper reports that the man suffered minor injuries during the apprehension. The man was arrested and is awaiting extradition to New York. He is accused of taking money from homeowners under the promise of modifying their home loans, the newspaper is reporting.

Outstanding warrants are difficult to deal with because sometimes a person doesn't know that they are wanted, especially if it's from another state. People can be investigated for a crime and not know that law enforcement figures are looking to arrest them. They can move to another state and not understand the charges are following them.

Sometimes, police in other states will find out that the person has moved into their area and attempt to make an arrest, as was the case here. But in other situations, police may know that the person is living in a new area with a warrant until they pull the driver over. Unless the charge is a major felony, such as a sex crime or a homicide charge, this is the most likely way a person gets arrested on an outstanding warrant.

But sometimes police can be aggressive in these situations, even if the arrest is made after a common traffic stop. These aggressive actions can sometimes lead to injuries for the suspect when police act without thinking things through. These can be dangerous situations.

Regardless of how the arrest goes down, the defendant requires sound legal representation. Just because a warrant has been issued doesn't mean the police are right. Prosecutors must still prove their case beyond all reasonable doubt.

Continue reading " Newport Beach Man Arrested on Outstanding Warrant After Standoff " »

A 30-year-old man was recently arrested after police allege he was involved in damage done to a Catholic church last year, The Orange County Register reports.

Santa Ana vandalism charges can lead to serious penalties if a person is convicted. In many cases, vandalism charges require an experienced juvenile defense in Orange County. But there are times when adults are charged with these crimes as well.

And the severity of the charges can depend on how much damage is done in the case. In minor cases, a person may be faced with a misdemeanor charge that could end up dropped or turned into a successful plea deal. But if the damage is major, injuries are caused or other factors exist, the defendant could face a felony.

In this situation, a 30-year-old man from Santa Ana faces charges that he broke into a church in Tustin and caused $10,000 of damage. He now faces charges of second-degree burglary and felony vandalism of religious property.

The man is accused of breaking into the church and destroying statues, religious objects and other things to the tune of $10,000. This happened on July 12, 2011. The church and an accompanying school were vandalized in the process, the newspaper reports.

An American flag was put in a trash can, framed pictures were smashed and religious materials and crosses were destroyed. Police say they found evidence at the scene that connected them to the man's house. The article doesn't make clear what the evidence is.

Burglary is obviously a serious crime. It includes breaking into a vehicle, business or house and taking property that doesn't belong to the suspect. In cases where a person is inside the dwelling at the time, the charges can be enhanced. If a weapon is found or was used to break in, the suspect can also face enhanced penalties. So, it's important to fight these charges aggressively.

Unique about this case, however, is that the man faces an enhanced charge related to vandalizing a church. California Penal Code 594.3 states that a person who vandalizes a church, mosque, synagogue, temple or any other religious-based building could face either a misdemeanor or a felony. They can face a charge classified as a hate crime if prosecutors can show their actions were meant to intimidate people from freely worshiping or exercising religious freedom.

If prosecutors attempt to show the person's actions are akin to a hate crime, it can make their lives much more difficult. Facing one felony is tough enough, but adding a second felony amidst allegations that the charge is a hate crime is even more difficult. Hate crimes aren't taken lightly by prosecutors, but filing these charges is a major deal.

Given the attention that so-called "hate crimes" have gotten in the news media over the years, charging a person is a big step. These types of charges can really do damage to a person's reputation, so the state must have solid proof before filing these charges. On the flip side, a defendant has every right to dispute these charges and make the state prove them beyond all reasonable doubt.

Continue reading " Santa Ana Man Arrested After $10,000 in Damage Caused to Church " »