By admin on January 2, 2012
California criminal defense counsel will likely be requested to assist with the legal actions being taken against one of the state’s prison inmates. It was recently reported that an inmate, who is already serving a life sentence for the murder of a Southern California woman that took place in 1997, is now also being charged with the slaying of two Alameda residents. It has not been reported how quickly a criminal defense may be required or when litigation will get underway in the two cases, each of which police had classified as cold cases.
The inmate, a 56-year-old man, was charged Sept. 1 with murder in the first-degree, with special circumstances added. The charges stem from the stabbing deaths of two Northern California residents whose remain were discovered less than two weeks apart back in 1996. If he is convicted on these new charges, he would be eligible for the death penalty.
It was also reported that the inmate had been previously convicted for the murder of Elisabeth Smith in 1997. The murder took place in a San Diego County trailer park. She was beaten to death and stabbed with a claw hammer. It was this conviction that led to his current sentence of life without parole. The inmate was recently moved from California State Prison in Lancaster to the Alameda County jail to face the new charges.
During the murder trial of the San Diego woman, the man’s criminal defense attorney claimed that as a child the man had suffered a fall that resulted in brain damage, and that he later endured additional head trauma during a car wreck at age 23. It was also claimed that the man had blacked out from methamphetamine use at the time of the woman’s death. The man has a history of crimes that date back to 1973, including charges for forgery, assault and drug crimes.
Even though this inmate is currently serving a life sentence without parole, he is still afforded the right to a vigorous criminal defense in light of these new charges. Whenever felony charges are brought against someone, the skills of an experienced defense attorney are often considered essential in presenting a case for the accused. The same holds true for every citizen, as well as current inmates of the penal system.
Source: Mercury News, “Cops: Calif. inmate charged in 2 cold-case murders,” The Mercury News Staff, Sep 27, 2011
Posted in blog | Tagged assault, drug crimes, methamphetamine, murder
By admin on January 2, 2012
When disastrous accidents happen, people are eager to reach for an explanation. Sometimes, they settle on drunk driving because they know that driving while intoxicated can sometimes lead to bad accidents. However, that amounts to jumping the gun because we really never know what happened until accident investigators complete their inquiry.
Recently, a California mother of six was arrested on suspicion of DUI after her SUV rolled over, injuring herself and the six children in her vehicle. One boy sustained serious injuries and had his foot amputated. Police said they believe the woman was driving while drunk, but if they have the test results to prove it, they have not publicized that fact.
The woman, a 31-year-old resident of Lake Los Angeles, was traveling east on East Avenue a little after 5 a.m. when she lost control of her vehicle. California Highway Patrol officials said the SUV rolled four times, causing some of the children to be partially ejected. Officials are still investigating the accident, including whether or not the children were properly secured in seat belts or child car seats, though no allegation was initially made that they were not.
Paramedics airlifted two of the children to Antelope Valley Hospital. Both had major injuries , including head trauma. The other four children and the driver were transported to the hospital as well. They were said to have suffered minor to moderate injuries. It is thought that three of the passengers are the woman’s children, two others believed to be foster children and the last her niece.
According to CHP, the woman had been to a wedding the previous night. She had picked up the kids that morning from a caretaker and was going home when the accident happened.
There is no indication that field sobriety tests were conducted at the scene. Additionally no results of any breathalyzer test were released, and it is possible the accident occurred for reasons other than what police suspect.
Source: Los Angeles Times, “6 kids hurt- boy loses foot in suspected drunk-driving crash,” Abby Sewell, Sep 26, 2011
Posted in blog | Tagged children, hospital, passengers
By admin on January 2, 2012
It’s safe to say that speeding through a construction zone at midnight with drugs in the car might not be a good idea. California State Troopers sometimes perform traffic details in construction zones and similar areas. What starts out as a relatively routine speeding violation can quickly morph into more serious allegations, particularly if cause arises for searching the motor vehicle. No matter what the intention or knowledge of the driver, they may soon be facing drug charges and the prospect of a substantial term of incarceration.
A 39-year-old California driver was stopped by a state trooper in Mentor. The officer claimed the driver was going 70 miles per hour in a construction zone in the eastbound lanes of Route 2. The officer apparently determined the driver had a suspended license, resulting in his arrest and the towing of his car. Police performed an inventory of the automobile, and say they found more than four grams of what they determined to be methamphetamine, as well as marijuana and drug scales.
The driver, stopped for speeding, ended up facing serious drug charges. He was accused of felony counts of trafficking and possession of drugs, in addition to possession of criminal tools. Misdemeanor drug charges of possession of drug paraphernalia and drugs, as well as driving on a suspended license and speeding were also filed. The man was arraigned in Mentor Municipal Court and bail was set at $33,000 bond, which was posted. The case was continued for further proceedings.
Records indicate the driver was previously convicted of drug trafficking in 1994. While the claimed prior conviction was 17 years ago, the man must now confront the new drug charges against him and prepare a defense to fight for his freedom. Criminal law is often seen as a maze of statutes and procedures susceptible of varying interpretations and results. A California attorney intent on assisting people accused of drug charges may help ensure all rights are protected and fight for to maintain the personal liberties of the client.
Source: Mentor Patch, “California Man Arrested on Charge of Meth Trafficking in Mentor,” Jason Lea, Sept. 7, 2011
Posted in blog | Tagged construction, drugs, traffic
By admin on January 2, 2012
The traditional view of a kindergarten teacher paints a picture of a wholesome and well rounded individual who has dedicated his or her life to molding young minds and the occasional piece of macaroni artwork. However, even the most promising of teachers can get off track. Recently, a Fresno, California, kindergarten teacher was arrested on suspicion of armed robbery and now faces drug charges for bringing methamphetamine into her classroom.
The 53-year-old teacher was taken into custody last week along with a 28-year-old man. The pair was detained during a traffic stop near Shaw Avenue. California police officers have confirmed that the vehicle, the pair was traveling in had also been used as a getaway car in an armed robbery that took place last month.
The teacher was found to have two grams of methamphetamine in her purse at the time of her arrest. She now faces charges in conjunction with carrying the purse, with methamphetamine therein, to school while she worked. She has also been charged on suspicion of child endangerment.
Parents who are familiar with the kindergarten teacher were shocked to learn of her arrest. It seems strange that such an upstanding member of society could fall victim to drug abuse — but it has become apparent in recent years that drug addiction does not discriminate. Nonetheless, the teacher will have to answer for the charges she faces, and will likely benefit from the employ of knowledgeable legal counsel. Quality legal defense may be the teachers only hope of maintaining face in the wake of stigmatic drug charges.
Source: The Fresno Bee, “Fresno kindergarten teacher held on drug charge,” Eddie Jimenez and Marc Benjamin, Sept. 8, 2011
Posted in blog | Tagged armed robbery, child endangerment, drug abuse, methamphetamine
By admin on January 2, 2012
California is ready to battle the serious problem with methamphetamine within its borders. The state even has an agency specially tasked to make “war” against the drug. The agency is referred to as the “California Multi-jurisdictional Methamphetamine Enforcement Team” (Cal-MMET).
In fact, it was this team’s members who pinpointed a PT Cruiser for a traffic stop and search, and ended with the alleged discovery of 32 grams of methamphetamine (usually called ‘meth’) worth over $3,200 on the street. Three drug charges were laid against the car’s driver, a 46-year-old man, who was then entered into the Central Receiving Facility.
A second man was also arrested. Officers say they witnessed him trying to buy drugs from the first man. This second man allegedly then tried to buy ‘meth’ from yet another person — who turned out to be a plainclothes officer. He too was arrested, and was discovered to be a parolee who was violating the terms of his parole. Similarly the first man had been found to be driving with a suspended driver’s license and, worse, an outstanding arrest warrant.
From the looks of it now, the men appear to have committed crimes and must now be prepared to pay the price. However, the key word here is “appear” — when sending someone away to jail, probability is not good enough for our justice system; justice requires certainty. A skilled criminal defense attorney with experience in drug crimes will be able to determine if the search and seizure that corresponded with the two men’s arrests were done within the confines of the law.
Nobody is better equipped to dig into the nitty-gritty of such matters than the criminal defense lawyers specializing in drug charges. These lawyers possess finely-honed skills by which they analyze the chain of events that led to the charges. If the prosecution is to succeed in obtaining a conviction, they must prove their case beyond a reasonable doubt. Criminal defense lawyers are adept at exposing the inconsistencies in a case and are often successful in saving persons who are blameless, or made an unfortunate mistake, from the anguish of years in prison.
Source: The KERO TurnTo23, “2 Arrested On Drug Charges,” Sept. 1, 2011
Posted in blog | Tagged criminal defense, drug, methamphetamine, traffic stop
By admin on January 2, 2012
A Santa Cruz man is preparing a criminal defense for his upcoming trial on various charges after he allegedly made verbal threats toward a local college during a support group meeting. The threats caused the school to go under lockdown, according to police. The 45-year-old man was charged with two felony counts of attempted criminal threat as well as making harassing and annoying phone calls and willful disturbance of a public school.
Police arrested the man on the campus of the college, which he attends as a student. A support group member claimed he made the threats after he was informed that he would be removed from the group. The member thinks it was an effort to get back into the group. Allegedly, the 45-year-old man also made threats about calling the group member’s wife and disclosing an affair. The man was arrested after the group member called the Sheriff’s Office.
Police got a search warrant for the man’s home and car and allege they found a brown bag with names of college officials on it. They also claim the man told them he recently took a gun safety course. No explanation has been given as to how this evidence is tied to the alleged threats.
The man will be arraigned on Sept. 20. His defense attorney says the man was only sharing his thoughts during a therapy group and he had no intention of carrying them out. There are many factors to be considered in this case. The Santa Cruz man is innocent until proven guilty. When someone finds themselves in the unfortunate situation of facing criminal charges, an experience criminal defense attorney is invaluable in protecting their rights.
Source: Santa Cruz Sentinel, “Santa Cruz man accused of Cabrillo threats will face trial,” Jessica M. Pasko, Aug. 31, 2011
Posted in blog | Tagged charges, criminal defense, police, threats
By admin on January 2, 2012
Drug possession charges in California have several basic elements that must be proven. The district attorney must prove that a defendant unlawfully possessed a controlled substance and that the person knew of its presence. Further, it must be proven that the person knew of the substance’s nature or character as a controlled substance. Finally, the controlled substance must be a useable amount.
If a conviction results, drug crimes in California can come with serious penalties including prison time and the loss of other civil liberties. A drug conviction can also prevent the person or their children from ever obtaining federal student loans. But drug convictions are not as simple as people may think.
Take the case of a 53-year-old Mendocino County woman, who was arrested in mid-August and charged with suspected drug possession. Police alleged that a few days earlier the woman was in a local casino where a video camera caught her dropping a plastic bag containing 2.5 mgs of methamphetamine from her pocket.
Someone had turned in the bag of drugs and surveillance footage to police, and several days later, the woman was arrested at a Covelo grocery store and charged with drug possession and possession of drug paraphernalia.
Each element of the possession charges will need to be investigated in detail before a ruling is made. Issues may arise about the making of the surveillance video and the chain of its custody from the moment it was produced until it is presented in court, and the same is true for the chain of custody of the purported drugs.
The surveillance video itself will need to be examined to determine what it shows and what it does not show. In this case, the woman will need an experienced criminal defense attorney to help fight for her rights throughout the criminal court process.
Source: The Press Democrat, “Mendocino County woman caught on casino video arrested on drug charges,” Mary Callahan, Aug 19, 2011
Posted in blog | Tagged California, drug crimes, drug possession, Mendocino County, methamphetamine
By admin on January 2, 2012
Criminal defense of DUI cases in California can involve a thorough investigation of many different events surrounding the traffic stop, the arrest itself and any aftermath. People reading police accounts of traffic stops in the media often initially credit the statements of the authorities. Many times those representations prove true, but there are also times when they do not. A criminal defense attorney’s job is to ensure the client’s legal rights have been protected, and that he or she gets their day in court to confront the accusations and assert their defense.
On August 14, about 7:45 p.m. police say they were called to the 2200 block of East Lake Avenue, by reports of a man with a handgun threatening to shoot people. Watsonville police located a 1993 Volkswagen convertible on East Lake Avenue, though initial reports gave no indication why police believed the driver of that car was the suspect. Police assert they told the man to put his hands up, but he got out of the car and turned his back to the officer, urinating in the roadway. After the man was done, he “started backing up” towards the police officers. Believing the man had a gun and the fact that he ignored the officer’s orders to stop moving, the police shot the man in the middle of his back with a taser gun.
Police regulations require that any suspect shot with a taser gun be transported to the hospital. He was tested for alcohol consumption at the hospital and arrested on “suspicion” of DUI and resisting arrest, though no details of the man’s blood-alcohol content were released. A search of the man’s car found no gun, no other evidence and no passengers. Police say they needed to use the taser gun to “take control of the situation.”
Use of taser guns have on occasion resulted in death or serious injury, and civil rights groups say they amount to torture and cruel and inhuman treatment. The man will now have to answer the charges against him that culminated in his being shot in the back. California laws regarding DUI and proper police procedure for arrests can seem perplexing and confounding. A local attorney experienced in traffic stops and criminal defense of DUI matters and questionable police conduct may help a person accused pursue all legal rights to which he is entitled.
Source: San Jose Mercury News, “Police tase man during DUI arrest in Watsonville,” Stephen Baxter, Aug. 15, 2011
Posted in blog | Tagged alcohol consumption, civil rights, dui matters, serious injury
By admin on January 2, 2012
Once police believe DUI is a factor in a car accident, the motorist has an uphill battle in dealing with the law. Whether or not the driver is guilty of DUI or DWI, the suspicions of the police officer are often publicized and find their way into the local newspapers. The net effect is a public perception of guilt, without the man having any opportunity to answer. Should criminal charges be filed, the individual will have the opportunity to defend himself, in a California courtroom.
On August 3, a 37-year-old man was involved in a single car accident along Highway 165 near Los Banos. He lost control of his 1990 Toyota Camry when he lost control of his vehicle while on a curve in the road. The car flipped over several times and landed in a field. He was airlifted to a Modesto hospital with moderate injuries, from which he is expected to survive. Presumably because of the man’s injuries, it appears no field sobriety or breathalyzer test was performed.
While officers observed the man showed “symptoms of alcohol use,” nothing was further detailed in the press reports. However, it is possible a blood-alcohol test could be administered at the hospital.
When an individual is facing probable charges of DUI or DWI, he or she will need to prepare a strong defense due to the potentially serious consequences. At a time when this particular individual is focused on recovering from his nearly fatal driving error, he will also need to pay attention to any formal criminal allegations. An attorney with experience handling drunk-driving charges in California may help the man decide on the proper course of action.
Source: The Sacramento Bee, “DUI suspected in crash along Highway 165,” Sacramento Bee Staff, Aug. 9, 2011
Posted in blog | Tagged breathalyzer test, car accident, dwi, field sobriety
By admin on January 2, 2012
Facing drug charges in California can be an emotional and stressful time for those accused as well as their families. Public perception is often initially swayed by a newspaper article or other media report “detailing” the incident. Even a reporter with the best of intentions can get facts wrong or not ask that one question that might give an entirely different slant to a story about potential drug charges.
A 51-year-old Red Bluff woman was arrested on August 1, after police stopped her vehicle. She was charged with possession and transportation of a controlled substance, as well as with possession of drug paraphernalia and hypodermic syringes, as well as concealing evidence. Her 48-year-old male passenger, also from Red Bluff, was arrested for a parole violation.
So far in publicized reports, there appears to be no reason as to why the police stopped the vehicle in the first place. Further, it is unknown what prompted the police to search the vehicle, let alone the driver personally. There is no allegation she committed either a crime or a traffic infraction before the she and her car were searched.
Our justice system mandates certain basic rights to any person accused of a crime, for good reason. First and foremost, is the tenet that any person accused of a crime is innocent until proven guilty and they evidence to substantiate that claim has to be beyond a reasonable doubt.
Also, police generally do not have the authority to stop any of us without the reasonable belief some crime or traffic infraction was committed. Before the police may search a motor vehicle or a person, there are minimum requirements that must be met. These are important rock beds of our democracy, designed to protect innocent citizens from wrongful arrests.
It is the job of a criminal defense attorney to ferret out these answers and hold the prosecution to the strict proof of its allegations. This not only ensures that the defendant will be fairly treated, but also ensures that their rights are protected.
Being charged with any crime, let alone drug charges, is unnerving and frightening. A California attorney equipped to handle criminal defense of drug cases may offer understanding and an open perspective to those seeking to protect their legal rights.
Source: Redding, “Red Bluff woman arrested on drug charges after traffic stop,” Aug. 1, 2011
Posted in blog | Tagged charges, minimum requirements, possession
