Criminal Defense Blog

No Charges to Be Filed against Daughter Who Recanted Rape Claims against Father

Sat, 07 Apr 2012 21:06:00 GMT

IIt is a case that has shocked Los Angeles criminal defense attorneys, but Washington prosecutors don't expect to file charges against a 23-year-old woman, who sent her own father to jail for 10 years on a false rape charge.

The woman, Cassandra Kennedy made the allegations of rape against her father, Thomas Kennedy back in 2001. The following year, a jury convicted Kennedy and sentenced him to 15 years in prison. He has been in prison since, and in all the years since, his daughter never made any attempt to clear his record. Thomas Kennedy went to prison protesting his innocence.

Now, Cassandra has come clean, confessing to police that she had lied about her father in order to get back at him. She was upset with her father after her parent’s divorce and his prolonged absences from her life. According to her, she was inspired by the experience of a friend, whose father was convicted of, and imprisoned on a sex crime charge.

Nothing could possibly compensate Thomas Kennedy for these lost 10 years. He has offered no comment since his release, and all charges against him have been dismissed.

While such cases may be rare, this should serve as a warning against the over-zealous prosecution of sex crimes, especially those involving children, that Los Angeles sex crimes attorney often find. There is often a tendency to believe that everything that comes out a child's mouth is the absolute truth.

Many sex crime cases are prosecuted on the basis of a child’s testimony, and often, innocent people are convicted, based on the words of a child who may have been influenced to bear witness against an adult, or may have a personal agenda, as in Cassandra's case.

Criminal Attorneys are Held to a Higher Standard of Competence

Thu, 29 Mar 2012 15:32:00 GMT

Claims of ineffective assistance of counsel are unfortunately common and the legal definition of what makes a lawyer incompetent can be unclear and disheartening. I heard of a criminal case in Texas years ago where the defendant's attorney was asleep throughout most of the trial. The defendant was convicted. He later argued that he should be granted a new trial with a new lawyer because his lawyer was asleep and therefore ineffective to represent him. The case went up to the higher courts where it was decided that a sleeping lawyer is not an incompetent lawyer so long as the lawyer was asleep during parts of the proceedings that would not have made a difference to the defendant's case had he been awake! Shocking and sad.

While our criminal justice system may not be perfect, improvements are being made in our courts demanding a higher quality of legal representation for criminal defendants. in In a recent United States Supreme Court decision, Lafler v. Cooper, filed on March 21, 2012, the Supreme Court expanded the rights of defendants in the plea bargaining process. In a 5-4 decision, it was held that if an attorney's ineffective advice leads to a plea offer rejection and the accused has to stand trial rather than accept the plea offer because of that ineffective advice, then the court may force the prosecutor to reoffer the plea if certain circumstances exist. The defendant must show that "but for" the ineffective advice, he/she would have accepted that plea offer, that the plea offer would have been presented and accepted by the court, and that the terms of that offer were less severe than what the sentence received by the defendant. This is a big win for criminal defendants.

Tighter Restrictions for Los Angeles Car Impoundments

Mon, 06 Feb 2012 21:38:00 GMT

Just a few weeks ago, the Los Angeles Police Department had proposed implementing new car impound procedures that would have allowed unlicensed drivers pulled over at checkpoints, to have their car driven away by a licensed driver. The proposals had been welcomed by Los Angeles criminal defense attorneys, who have been concerned about the effect that these widespread impoundments have on unlicensed drivers- mostly undocumented immigrants with no other means of transport. However, the Los Angeles Police Department has now tightened those requirements.

Under the new proposal, unlicensed drivers who have been pulled over at checkpoints can have an licensed driver pick up their car. However, these motorists must not have been involved in an accident, and must provide proper identification and insurance documents in order to avoid impoundment. They must also not have any previous convictions for driving without a license.

The proposed changes were announced in December, but the changes at the time included less rigorous rules. Under those rules, unlicensed drivers were allowed to ask friends who had a license to drive the car away from a checkpoint. Los Angeles criminal defense lawyers believe that the new restrictions will result in higher numbers of impoundments.

Many undocumented immigrants do not have insurance, and may not possess identification. The identification papers that are acceptable under the new rules include consular identification certificates, Mexican matricula and birth certificates. People who don’t have these papers may not be able to avoid impoundment.

Additionally, even motorists who already have insurance and identification could still have their cars impounded if they have been pulled over for driving without a license in the past. California does not allow undocumented immigrants to obtain licenses, which means that an unlicensed driver’s chances of being pulled over for unlicensed driving are fairly high.

Research Links Traumatic Brain Injury with Violent Crime

Tue, 03 Jan 2012 21:20:00 GMT

Research by Swedish scientists has found a higher risk of committing violent crimes after a person suffers a brain injury. However, the same researchers have found no link between epilepsy and a higher risk of violent crime.

The results of the study are likely to carry more weight, because they are based on a study of more than 22,000 people with a brain injury. These people comprised all people with a traumatic brain injury in Sweden over a period of 35 years. These persons were monitored over this period of time, in order to gauge the risk of violence. The researchers found that among persons with a brain injury, approximately 8.9% committed a violent crime like homicide or rape, compared to just 3% of the population without a brain injury.

When the researchers analyzed patients with epilepsy, they found the odds for violence at 1.5. However, when they adjusted for familial factors, they found that this increase no longer applied. For a long time now, people have believed that persons who suffer from epilepsy are at a much higher risk of violence. This study confirms to Los Angeles criminal defense lawyers that that is simply not true. However in the case of traumatic brain injury, the research showed a definite increased risk of committing violent crimes after being diagnosed with the injury.

Considering that this research is based on such a hefty sample and monitored subjects over 35 years, it does make sense that doctors take these risks seriously. Doctors treating patients with traumatic brain injury must include an assessment and plan for management of the risks of possible criminal activity in their treatment of a patient. Currently, there are no such regulations in place for doctors to assess criminal activity risks. Maybe that should change.

San Jose Cheerleading Coach Arrested For Sexual Abuse

Sun, 11 Dec 2011 20:46:00 GMT

A cheerleading coach in San Jose has been arrested on charges of sexual abuse. The man coached cheerleading teams at the Andrew Hill High School and Energy Athletics. The 23-year-old man was allegedly arrested at his home on suspicion of child molestation, and is currently at the Santa Clara County Jail.

According to the charges, the man molested a minor in one of his cheerleading groups. Police allege that the abuse occurred several times at different spots across San Jose. The victim, allegedly a 14-year-old boy, is believed to be associated with either Energy Athletics or the high school. Police also believe that the abuse took place over 3 months. Police have no reason to believe at this point, that any other child, either at Andrew Hill High School or Energy Athletics, was molested.

The allegations have come as a surprise to people who know the cheerleading coach. Those who have spoken to the media have nothing but positive things to say about him, and he has no police record.

There's been a lot of attention on sexual abuse in school environments around the country since the revelation of sexual abuse involving coaches at Penn State and Syracuse University. Los Angeles criminal defense attorneys will not be at all surprised to find an increase in law-enforcement activity targeting ‘sex crimes‘ in California in response to the Penn State and Syracuse scandals.

Unfortunately, a person who has been charged with sexual abuse or molestation of a child may find that he has been tried and sentenced even before trial. Allegations of sexual abuse are not only some of the most serious crimes that you can be accused of, but also the most damaging to an individual’s reputation. It can take experienced and skilled criminal defense to ensure that these charges do not stick.

Parental Example Major Factor in Underage DUI

Fri, 09 Dec 2011 03:00:00 GMT

This isn't exactly rocket science. A new study confirms what any Los Angeles DUI lawyer knows - when it comes to underage DUI, parental influence plays a major role. The study finds that teenagers whose parents drink and drive are more likely to indulge in such practices themselves.

The study has been conducted by the Substance Abuse and Mental Health Services Administration. According to the research, parental drunk driving has a strong influence on teenagers’ driving practices. The researchers focused on approximately 67,500 people aged 12 and above. They found that more than 18% of teenagers living with a mother, who frequently drove while drunk, drove while intoxicated. In comparison, only 11% of teenagers living with a mother who did not drive drunk, engaged in intoxicated driving.

When it comes to fathers, parental influence seems to be even greater. Approximately 21.4% of teenagers with fathers who drove under the influence ended up driving intoxicated themselves. In comparison, just 8.4% of teenagers who lived with fathers who did not drink and drive, drove under the influence of alcohol.

It shouldn't take research by a federal agency to confirm that parents have a big role to play in setting appropriate driving examples for children. Peer pressures may be huge for a teen driver, but you can't discount the sobering – no pun intended - influence of parental example. Impressionable teenagers are much more likely to believe that inappropriate practices like driving under the influence of alcohol are perfectly acceptable and safe, if their parents engage in such behaviors.

In some ways, the consequences of a DUI conviction for a teenager may be even greater than that for an adult. Teenagers have barely begun living their lives, and a DUI conviction can leave a permanent mark on the record that could impact a teenager’s education or employment opportunities in the future.

Woman in Justin Bieber Paternity Lawsuit Could Face Rape Charges

Wed, 23 Nov 2011 23:51:00 GMT

It’s not every day that Los Angeles criminal defense attorneys come across a celebrity-related statutory rape case where the celebrity is the alleged victim. Los Angeles police are considering whether to file rape charges against a twenty-year-old woman, who claims that she had sex with a very clearly underage Justin Bieber, resulting in a child.

Last week, Mariah Yeater filed a lawsuit, alleging that her tryst with the Canadian pop singer in a concert arena bathroom resulted in her becoming pregnant. At the time of the alleged incident, Bieber was sixteen years old, and Yeater was nineteen. That instantly makes her eligible for statutory rape charges.

The encounter occurred in California, a state that has one of the country's strictest laws against statutory rape. Under California laws, a person who has sex with another person below the age of eighteen and is not more than three years older than the minor may be slapped with statutory rape charges.

Yeater gave birth to a baby boy in July. In her lawsuit, she seeks a paternity test and child support from the pop singer. Beiber’s attorneys deny that he is the father of the child. Ultimately, whether Beiber was a minor at the time of the sexual encounter will have no bearing on the paternity suit. If tests prove that he is the father, the child will automatically qualify for child support, regardless of whether he was underage at the time of the baby’s conception.

Prosecutors are likely waiting for results of the DNA test to be revealed, before they proceed. A positive DNA test will provide solid proof of the sexual encounter. It doesn't look like this woman is too worried about possible criminal charges being filed against her. However, if charges are indeed filed, and she's convicted, she could face up to three years in prison.

Medical Marijuana Advocacy Groups Files Lawsuit to Halt California Crackdown

Mon, 21 Nov 2011 17:31:00 GMT

A medical marijuana advocacy group has filed a lawsuit against the Obama administration to stop the Department of Justice from continuing its crackdown on the medical marijuana industry in California.

The federal administration has launched a crackdown on persons involved in production and distribution of medical marijuana in the state. People who grow marijuana for medicinal purposes have been targeted in the crackdown. Officers have also been targeting landlords who rent out their properties to medical marijuana dispensaries, as well as dispensaries.

California has laws that allow the use of marijuana for medicinal purposes. It is one of sixteen states and the District of Columbia that allow the production and sale of marijuana for medicinal purposes. However, Los Angeles criminal defense attorneys have found those laws under threat from this arbitrary federal action.

Now, a medical marijuana advocacy group is trying to halt the federal administration’s harassment of persons involved in the medical marijuana trade. The advocacy group, Americans for Safe Access is based in Oakland. The group has filed a lawsuit against U.S. Attorney General Eric Holder and Northern California Federal Prosecutor Melinda Haag. The lawsuit alleges that the Obama administration's new crackdown against medical marijuana dispensaries in the U.S. is a violation of the Tenth amendment of the U.S. Constitution.

Under federal laws, marijuana is a schedule 1 substance, and is banned under the Controlled Substances Act. However, individual states have the freedom to implement their own laws regarding these substances under the Tenth Amendment.

The lawsuit mentions a federal memo to Oakland city authorities from the Department of Justice which informs them that if they fail to enforce anti-marijuana laws under the Controlled Substances Act, then they will be subjected to prosecution. Under the Tenth Amendment of the U.S. Constitution, the federal administration cannot force states to bypass their own laws in favor of federal laws.

Supreme Court Decision on Strip Searches Expected in July

Mon, 31 Oct 2011 22:22:00 GMT

Los Angeles criminal defense attorneys expect a decision by the U.S. Supreme Court in a case involving jail strip searches in July. The court has already heard oral arguments from lawyers for both sides.

The case involves strip searches of people arrested or detained in county jails, and relates to a New Jersey man who was arrested in March 2005. The man, Albert Florence, was traveling in a car with his wife when she was pulled over by a state trooper for speeding. When the state trooper ran a check on Florence, he found a pending warrant for an unpaid fine. In spite of Florence's best efforts to convince the trooper that the matter had been settled, he was arrested, and taken to county jail. Florence was subjected to strip searches, a common procedure in many county jails.

Florence was released after it was determined that he had indeed paid the fine. Florence filed a lawsuit and is now asking the Supreme Court to consider whether a county jail can subject a defendant to a strip search without first determining if there is any reasonable suspicion that the person is indeed hiding something. Both the Burlington and Essex County jails where the strip searches took place in this case, have insisted that such strip searches are important because of the chance that drugs or weapons might be smuggled into jail.

Florence’s lawyers are asking the Supreme Court to formulate a rule that will affirm that people arrested for minor offenses, like misdemeanors, can be subject to a strip search only if there is a reasonable suspicion that they're concealing any kind of contraband objects, like drugs or weapons.

Crimes Increase when Marijuana Dispensaries are Closed Down

Tue, 27 Sep 2011 18:31:00 GMT

Law enforcement agencies in California have always insisted that medical marijuana dispensaries are magnets for crime. A new study shows that that assumption couldn't be farther from the truth. According to the study, when medical marijuana dispensaries across Los Angeles closed down last year, crime actually increased.

Those medical marijuana dispensaries were shut down as the result of a new ordinance. The investigative report by the RAND Corp. previewed crime rates ten days before and after the medical marijuana dispensaries were shut down. The analysts found that crime increased by 60% within three blocks of a dispensary that had been shut down, compared to crime rates three blocks near an open dispensary.

According to theories by law enforcement agencies, crime rates should have shot up in areas where medical marijuana dispensaries were open. In fact, the reverse was true. The researchers found no evidence at all that keeping medical marijuana dispensaries open led to an increase in crime.

Los Angeles criminal defense lawyers will find this ironic because the threat of increased crime in neighborhoods with medical marijuana dispensaries was the reason why the ordinance was passed in the first place. There were concerns that because these medical marijuana dispensaries deal with a lot of cash, they would attract robbers. Additionally, there were fears that thieves would want to steal the marijuana. The ordinance placed strict restrictions on the operations of medical marijuana dispensaries, and many of these were left with no other option but to close down.

The Los Angeles City Attorney's Office has already debunked the results of the study, saying that the findings are deeply flawed and relied on false assumptions, incorrect data and incomplete results.

Veterans’ PTSD Increasingly Used as Criminal Defense

Mon, 19 Sep 2011 22:10:00 GMT

Attorneys are successfully using post-traumatic stress disorder affecting veterans in criminal defense proceedings. In fact, both courts and prosecutors are now more agreeable to considering a veteran’s post-traumatic stress disorder while determining sentencing for nonviolent crimes.

For Los Angeles military crime defense lawyers with veteran clients suffering from post-traumatic stress disorder, there are strong precedents to go by. In 2009, a decision by the U.S. Supreme Court reversed the death penalty for a Korean War veteran who suffered from post-traumatic stress disorder. There are more than 80 special veterans courts across the country, and more are likely to join the network. Being tried in a veteran court does not automatically mean lowered sentences. However, these courts do open up other avenues to handle veterans accused of crimes. They are more likely to suggest other options, including PTSD treatment and probation. The special veterans’ courts work closely with the Department of Veterans’ Affairs medical centers.

In North Carolina, one Iraq veteran is being tried for the murder of his ten-month-old daughter. He is accused of slamming the child's face into the floor and stuffing toilet paper down her throat, causing her death. Joshua Stepp admits killing the girl, but his lawyers say that he is not guilty of first-degree murder, because his post-traumatic stress disorder left him incapable of premeditation, a prerequisite for a first-degree murder conviction. His lawyers are asking jurors to convict him on charges of second degree murder instead.

There are still pockets of resistance to the use of post-traumatic stress disorder for criminal defense. While awareness about post-traumatic stress disorder affecting service members returning from combat duty has increased, it is not widespread.

Online Dating Websites Jump on Sex Offender Screening Bandwagon

Thu, 01 Sep 2011 16:40:00 GMT

Barely had Match.com declared that it would henceforth include sex offender screenings for its users, than Los Angeles criminal defense lawyers found a number of other online dating websites announcing that they would be following suit.

Match.com's decision to include sex offender background screenings for all users of its website came in response to a lawsuit filed by a California woman. The woman claimed that she had been sexually assaulted by a man she met on Match.com. Her lawsuit against the dating website did not claim monetary damages, but asked that the website install sex offender screenings.

Match.com agreed, and in April announced its decision to include sex offender screenings. Last month, the dating website made its decision official, by promising to screen out sex offenders using a sex offender registry.

Other dating websites are also making similar promises. According to e-Harmony, it has already installed sex offender screenings for all members. Another dating website, Zoosk, says that is planning similar measures.

All Los Angeles criminal defense lawyers can see coming out of measures like this is the creation of one more area of life where persons convicted of sex crimes are not able to participate as regular people do. Reducing recidivism rates has much to do with helping people integrate into society, and that doesn't happen if you keep raising barriers for people who want nothing more than to begin leading normal lives after incarceration.

Additionally, it's hard to believe that sex offender screenings will really keep dating website users that much safer. For one thing, these don't screen for people who may have committed offenses that they have not been convicted for. They also don't screen for people with other types of criminal convictions. It is easy to wonder whether dating websites believe persons convicted of sex offenses, are more dangerous than those convicted of other first-degree crimes.

Bill to Give Juvenile Lifers a Chance for Release Fails

Wed, 31 Aug 2011 20:25:00 GMT

A California bill, widely supported by Los Angeles criminal defense lawyers, which would have given juvenile offenders sentenced to life imprisonment a chance for early release under certain conditions, has failed in the Assembly.

SB9 failed by just five votes. The bill had been widely opposed by victim rights groups and Republicans. The bill would have given juvenile inmates who had been sentenced to life without parole, a chance at eventual release under certain conditions.

Under California's laws, juvenile offenders can be tried as adults. Juveniles cannot be sentenced to death, but can be sentenced to life imprisonment without the possibility of parole. Under the bill however, a juvenile lifer who had been in prison for at least fifteen years, could be given a chance at eventual release if he or she had worked at rehabilitation, and could sufficiently prove his or her remorse. If the court found that the offender was sufficiently remorseful, and met all other conditions, then the sentence could be changed twenty-five years to life. After completion of the twenty-five years, the offender would be eligible to apply for parole.

Currently, there are about 295 juvenile inmates in California's prisons who are serving life imprisonment without the possibility of parole. These are the inmates who would benefit through a law like this.

Supporters of the bill provided plenty of evidence to show that a juvenile offender could have a chance at redemption and change, decades after the crime occurred. They presented the results of studies, which showed that adolescent brains are still in the process of development, holding out the possibility for a personality change in the future. However, Republicans and victims groups were opposed to the bill, because they believed it was unfair for victims families to relive the brutal crimes at parole hearings.

California Man Charged with Grand Theft After IRS Erroneously Deposits Money in Account

Fri, 01 Jul 2011 23:32:00 GMT

Some of the harshest penalties for property crimes that Los Angeles criminal defense lawyers come across result from convictions for felony grand theft. A California man is facing the prospect of prison time after he failed to inform the Internal Revenue Service when the agency erroneously deposited someone else’s tax refund into his bank account. The Laguna Beach man has been charged with grand theft.

The funds were supposed be transferred to the account of a woman expecting a tax refund. In 2010, the woman filed her 2009 federal tax return and was expecting a $110,000 tax refund from the IRS. She asked that the refund be deposited directly into her bank account. However, the account information she supplied to the Internal Revenue Service belonged to a closed bank account. The account number was subsequently reassigned and now belonged to Stephen McDow. The IRS mistakenly deposited $110,000 refund into McDow’s account. McDow paid debts with this bank account, and these debt payments included much of the balance transferred into his account by the IRS.

In December 2010, the woman, who by now had become anxious after waiting several months, asked her accountant to check on the status of the refund. It was only then that the error was discovered. Soon after, the woman’s lawyers contacted McDow, demanding the money. McDow offered to pay her in installments. The woman rejected McDow’s offer and instead called police.

McDow was arrested by Santa Ana police and charged with grand theft by misappropriation of lost property. If convicted, he could be sentenced to four years in state prison.

Los Angeles criminal defense attorneys would caution bank customers to immediately notify your bank if you suspect an error in your account balance, even if that error is in your favor. If you happen to spend a portion of the balance which was mistakenly transferred into your account, you could face serious criminal charges, including grand theft.

California Man Sentenced in Securities Fraud Case

Tue, 24 May 2011 19:54:00 GMT

A California man has been sentenced to four years in prison after he pleaded guilty to charges of securities fraud and money laundering. 27-year-old Matthew Brown was also ordered to pay $50,000 in fines and forfeit nearly $4.8 million.

Brown along with his co-conspirators, manipulated stock prices in order to increase the price of the stock, which the group would later sell. According to the indictment, the scheme was implemented in 2006 and 2007. The group manipulated the price of publicly traded stocks to generate interest in them. By doing so, they hoped to create public interest in the stocks, therefore inflating the price. Later, Brown and his partners sold significant holdings in these stocks.

According to the plea agreement, the group made millions of dollars in this manner. The securities included Asia Global Holdings Corp. and GH3 International Inc. The group made overall profits of more than $4 million.

In 2007, investigators began probing penny stocks, and came upon the fraud. Agents in Delaware together with officers from the United States Immigration and Customs Enforcement, Internal Revenue Service, Homeland Security, as well as local and federal investigators from California, conducted the investigation.

Securities fraud can include the purchase and sale of unregistered securities, insider trading, and falsifying statements with the intention of defrauding investors. These are white-collar crimes and federal crimes. In the case of securities fraud, it's not just the person at the head of the food chain who may be charged with fraud. Investment brokers and executives as well as other mid-level or lower-level employees who had knowledge of the fraud, or aided and abetted the fraud in any way, may also be charged with these crimes.

Being convicted of securities fraud can mean a sentence in federal prison. If you are being investigated by the Securities and Exchange Commission, protect your interests early on by consulting with a California white-collar criminal defense lawyer.