California Criminal Defense Attorney Blog

A recent case out of South Carolina could have big impacts on Newport Beach burglary cases that hinge on weak, circumstantial evidence.

There's nothing good about circumstantial evidence-based cases for defendants. If they've gotten to trial, that means that judges have denied motions to dismiss the charges based on the lack of evidence. This leads a Newport Beach criminal defense lawyer to them turn to a jury, who hopefully has the collective common sense to see that convictions shouldn't be handed out when the state doesn't have the proof to do so.

But while there are certainly going to be points to argue against the state's case, it's still a gamble for defendants who are facing this serious charges. Circumstantial evidence is questionable proof based on assumptions. If a person is seen nearby a place that had recently been burglarized, the prosecution may try to make a case against that person on the basis of circumstantial evidence.

In contrast, physical evidence is much more concrete than circumstantial evidence. This includes DNA proof, fingerprints, video surveillance or perhaps a possession of something that came from the house that lends credence to the idea that the suspect is somehow connected to the crime scene and the crime.

In South Carolina v. Odems, police made too many assumptions and it led to a man getting convicted and it taking years of appeals before the state supreme court overturned the convictions.

In 2005, a brown car turned into the driveway of a man's house. His cousin, not recognizing the car, began watching from across the street and eventually called police after two men got out of the car and knocked on the door. Later, one of the men put something in the car's trunk.

It drove off and the cousin attempted to follow, but couldn't keep up. Police put out alerts on the car and 90 minutes later, the vehicle was stopped by police. The driver spoke with police, while Odems and another man were inside.

When the officer discovered that the driver's license was suspended, all three men ran away. Later on, Odems knocked on the door of a house and asked the person inside for a ride. Though they didn't know each other, she allowed Odems to call for a ride. While inside, Odems told the woman that if police showed up, she should tell them they're dating. He said he was with someone who had a suspended license, they got pulled over and he didn't want to get in trouble, court records state.

As officers arrived, she refused and Odems and the two others who were in the car were arrested after found hiding in the backyard. Once police searched the Cadillac, they found several things that were identified as belonging to the burglary victim.

Odems was arrested and indicted on charges of first-degree burglary, grand larceny, criminal conspiracy and malicious injury to an electric utility system. At trial, his defense attorney moved to have the charges dropped, but it was denied. The jury convicted and he was sentenced to 15 years in prison.

An appeals court confirmed the convictions. But the state's supreme court overturned the convictions, ruling that the state's case consisted only of circumstantial evidence and there wasn't enough relevant evidence to support a conviction.

Continue reading "Newport Beach Burglary Cases Could Turn on South Carolina v. Odems" »

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 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" »

An accountant from Burbank who has served on hundreds of political campaigns is being held on federal fraud charges for her work with a state Assembly member, the Los Angeles Times reports.

Charges of fraud in Orange County are serious because they can not only be charged in the state court system, but prosecutors have the option of charging a defendant in the federal court system instead, which typically comes with more serious penalties and different rules of evidence.

Consulting with an experienced Santa Ana Criminal Defense Attorney as soon as you know or believe you are being investigated for a crime is critical because the sooner you try to attack the charges against you, the better you can begin to prepare a defense.

Typically, fraud charges require sifting through stacks of paperwork and records that can be agonizingly complex. That's why it is advantageous for the defendant if the attorney gets started quickly. It also allows the attorney to be able to speak with investigators and prosecutors as soon as charges are filed.

According to the newspaper article, the single count of mail fraud -- a federal charge that alleges she used the United States Postal Service in committing a crime -- is based on transactions involving a member of the state Assembly. The investigation is continuing.

The accountant has worked on the accounts of many Democratic politicians, including state and local representatives, senators and Los Angeles City Council members. Two Santa Ana politicians -- State Sen. Lou Correa and Assemblyman Jose Solorio -- were notified by the FBI that their accounts may have fallen prey to embezzlement. Both said they were shocked by the news.

Embezzlement is a fancy word for stealing from a person's company, but in plain language it is theft. In these highly complicated cases involving hundreds of thousands or millions of dollars, authorities sometimes jump to conclusions that the money was stolen and not simply misplaced or spent recklessly.

Especially when you're dealing with political campaigns, money is coming in as quickly as it's going out and it can be difficult to keep track of those funds.

Under the U.S. Code, mail fraud is punishable by up to five years in prison and a $250,000 fine. It is a serious crime and must be fought aggressively. That includes attacking the government's theory of guilt and aggressively questioning its witnesses to find out the truth.

An experience lawyer will also file motions to keep key evidence and statements by the defendant and even witnesses from being introduced at trial. There are many aspects of this complex area of law that must be addressed in order to ensure the defendant has a fair trial and a strong defense. Don't leave it up to someone without the knowledge and experience to get you through it.

Continue reading "Santa Ana Politicians Allegedly Victimized by Burbank Accountant Charged With Fraud" »

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" »

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" »

Although most district attorneys are fair minded and ethical attorneys, it is not unheard of to have some DAs “over file” cases and allege crimes which clearly are not present in the face of the evidence. This situation can be very common in cases involving shoplifting from stores. Our Orange county shoplifting and grand theft attorneys have encountered many cases in which the client is charged with burglary charges even though the evidence gathered only shows at most one instance of taking an items or items without an intent pay for them. Burglary, a specific intent crime, requires the DA to prove that the defendants entered the store (building) with an intended to commit a felony therein OR steal something. That means the DA must show that the defendant had made up his or her mind before she entered the store to steal items ( of commit a felony.) Needless to say this is a hard standard as one would have to decide on another person’s state of mind. Our San Bernardino burglary attorneys have dealt with many similar situations and we pride ourselves in being able to convince the DAs that at most they have shoplifting case and that the client did not intend to steal anything until he/she actually saw the item. Of course many factors will help in presenting this defense, i.e., if the defendant had enough cash, a check or credit card on him/her to pay for items, if surveillance shows that he/she came across the item by chance, etc. If you feel that you or a loved one has a case that fits these scenarios call our theft and burglary attorneys at 888-529-4545.

Continue reading "Shoplifting v Burglary" »