Punishment

Published on: November 16, 2013

Perfect Example of What NOT to Do After a Stop for DUI in Los Angeles

Think of the most self-destructive thing you could possibly say or do after a Los Angeles DUI arrest.

Keep thinking… because there is almost no way you’re going to be able to beat what 55-year-old Billings, Montana resident, Carol Frances Omeara, allegedly told police officers.

On October 8th, police arrested Omeara for her fourth lifetime DUI, after she called police from her car to tell them that she was “just too damn drunk” to leave her vehicle. According to local reports, Omeara consumed an entire pint of vodka in just 5 hours and then got behind the wheel. When she called officers at around 10:40 PM, they wanted to know whether she had a “medical or mechanical issue,” to which she responded: “No, I’m just too damn drunk.”

Police came to the scene, shortly thereafter, and freed her from her vehicle. They then gave her a breath test. She blew a whopping 0.311% BAC reading. That’s nearly four times the legal limit for driving under the influence in Southern California (or anywhere in the U.S., for that matter).

In fact, Omeara is actually lucky that she didn’t die. At around the 0.30% or 0.40% BAC mark, you can suffer serious medical problems. For instance, you can go into a coma, suffer liver or organ damage, and experience other catastrophic, unwelcome side effects.

Omeara’s cry for help was actually less “crazy” than it seems.

She had been stuck in her car for four hours, right outside her home. (She was just a few feet from her house!) But imagine if she had been stuck in a snowstorm and had lost reception on her cell phone. She could have frozen to death in her car. Alcohol is a natural vasodilator; it releases heat from your body’s core. (That’s why you get a “warm flush” when you have a glass of whiskey on a cold day).

In other words, she could have frozen to death just feet from her own home.

Not that she’s going to have an easy time defending against a 4th DUI, either.

If you’re convicted multiple times for driving under the influence in Los Angeles, you can face substantially increased penalties, such as more jail time, felony charges, a longer license suspension, and other unpleasantries.

To make sense out of your Los Angeles DUI charges and advocate aggressively for your rights, connect today with Mr. Michael Kraut of the Kraut Criminal & DUI Lawyers. Mr. Kraut is a Harvard Law School educated ex-prosecutor. He serves as legal expert for KTLA News, LA Weekly, and other respected publications throughout the Southland and beyond.

Published on: November 6, 2013

Beverly Hills Drug Crime Saga: Craig Robinson (of The Office) Guilty in Bahamas Drug Case

by Michael Kraut

Beverly Hills drug crime stories can get pretty epic.

Tinseltown stars portray larger-than-life characters on the screen, but their off-the-screen exploits can be even more astonishing.

Consider the recent saga of actor Craig Robinson, who played Darryl Philbin, the warehouse boss on NBC’s The Office. Robinson — who also starred in this year’s blockbuster summer comedy, This is the End — recently got detained in the Bahamas for possessing drugs, including marijuana and 18 pills of MDMA (a.k.a. ecstasy).

The actor, who had been performing at the Atlantis Hotel in the Bahamas, got stopped just before he boarded a plane heading back to the United States. He admitted that he had brought drugs from the United States and that he hadn’t realized they were illegal in the Bahamas.

The actor could have been imprisoned for four years. But he got off with a fine of $1,000.

Robinson has been featured in a number of drug themed comedies, so perhaps this is a case of “life imitates art.” The Bahamas case is not Robinson’s first brush with the law, either. In 2008, police in Culver City arrested him for possessing methamphetamine and ecstasy. Robinson went through a drug diversion program to get the charges dismissed.

Robinson’s other credits include “Zack and Miri Make a Porno,” “Hot Tub Time Machine,” and “Pineapple Express.”

Pineapple Express is actually the story of a drug deal gone epically, comically wrong.

Of course, Beverly Hills drug crime charges are anything but a laughing matter. If you or someone you know has been accused of a similar crime, you could face stringent punishments, even if it’s your first time ever breaking the law in Beverly Hills. For instance, depending on the nature of your crime, you could face mandatory felony charges and face over a year in jail.

Fortunately, you have options at your disposal to construct a sound and ethical Beverly Hills drug crime defense.

Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers would be happy to provide a free and confidential consultation about your options. Your drug crime defense will depend on a variety of factors, including whether you’ve been arrested before, whether you also distributed and sold drugs, whether you committed other crimes in addition to drug charges, and beyond. Let Attorney Kraut help you make sense of your complex Beverly Hills drug crime defense case.

Published on: November 4, 2013

Attention Pasadena Sex Offenders: Don’t Remove Your Tracking Devices!

by Michael Kraut

Governor Jerry Brown will be going after Pasadena sex crime offenders (and offenders throughout the state) who remove their electronic tracking devices, thanks to a new piece of legislation he just signed in Sacramento.

Sponsored by State Senator, Ted Lieu, the legislation forces offenders who remove their GPS devices to be sentenced to 180 days in jail. Lieu explained the rationale for the legislation in a public statement: “when sex offenders know that there are little or no repercussions for cutting off their GPS monitoring devices, it’s time to strengthen the deterrent…Real deterrents for sex offenders drastically reduce the likelihood they will commit another crime.”

In 2006, California voters passed Proposition 83, which allowed authorities to monitor sex offenders with GPS. In the wake of that law’s passage, journalists observed a spike in the number of cases in which offenders cut off their monitoring devices. The original law intended to reduce jail overcrowding — a huge problem in California. But within the first 15 months after penalties were reduced, over 5,000 warrants for tampering with the GPS were served.

Some fugitives included sex offenders, rapists, and murderers.

A Los Angeles Times report said Fidel Tafoya, a repeat offender who cut off his GPS bracelet, recently got rearrested for misdemeanor sexual battery for inappropriate touching at the Fresno State campus library. Reports say that Tafoya had been busted twice before for similar crimes.

The American Civil Liberties Union (ACLU) and several other groups opposed SB 57 because they feared that the bill would “only add to the existing problem of overcrowding.”

SB 57 is not the only major Pasadena sex crime story in the news.

Several Southern California high school football players recently faced accusations that they sexually assaulted and raped six girls, including one girl under 14-years-old. The 17-year-old players stand accused of two charges of forceful rape (both felonies), lewd acts with a minor under 14, false imprisonment, and other charges.

According to police, the football players began their assault spree in January and continued to attack students over the summer. A spokesman for the District Attorney’s office in Riverside County said that the “all names have been released in this case, because [the football players] have been charged with serious or violent felonies.”

Outside the courtroom in late September, the mother of one of the accused football players got into a confrontation with the parents of the victims. She said: “I know the truth is coming out and his name will be cleared of the things that were wrongly said.” The mom says that the sex was consensual.

If you love someone who has been accused of a sex crime in Pasadena, a defense attorney at the Kraut Criminal & DUI Lawyers can help you understand what you might be up against and develop a battle plan to defend against the charges. Connect with a former Senior Deputy District Attorney for Los Angeles today to build a sound and accurate defense to Pasadena lewd conduct or other criminal charges.

Published on: November 2, 2013

Is Your Son’s Long Beach Theft Charge a “Gateway Charge” to Greater Crimes?

by Michael Kraut

Your young adult son recently called with bad news: he was arrested for petty theft in Long Beach.

Perhaps you bailed him out and had a stern, but open talk about what he did and why. Or perhaps you let him make his own bail and deal with the problem on his own, so that he could learn that “actions have consequences.”

As a concerned parent, however, you’re deeply worried. Is this petty theft charge “just the beginning”? Will he move onto more risky criminal behavior? Can you help him and/or at least mitigate your own potential liabilities?

These are incredibly tough questions. They’re very difficult even to talk about, let alone to address in a coherent, compassionate manner.

Some evidence suggests that “small” crimes, like misdemeanor petty theft in Los Angeles, can be gateway crimes. That is, they may be a prelude to bigger criminal problems. Now that your son has been arrested, he’s at heightened risk for committing other crimes, like Long Beach drug crimes, Burbank DUI, and even white-collar crimes.

So what can you do about the Long Beach grand or petty theft charges?

Since YOUR freedom is not on the line, you’re ultimately limited. But don’t give up! You can still help. First and foremost, if your son hasn’t yet retained a Los Angeles petty theft defense attorney, consider calling the Kraut Criminal & DUI Lawyers to schedule a free and confidential consultation.

Attorney Kraut is an experienced criminal defense lawyer, who’s helped many people just like your son deal with extremely difficult charges. He’s also an ex-prosecutor, who spent 14+ years putting criminal offenders behind bars and punishing them. So he understands both sides of the law. That special advantage helps him build unique defense strategies for his clients.

Beyond that, you can also guide your son in other ways. For instance, you could encourage him to hang out with a different crowd – one that will be a better influence. Try using empathy to connect. And read great works about negotiation, like “Getting to Yes.”

For help understanding what options are available to you for Long Beach petty theft defense, get in touch with the Kraut Criminal & DUI Lawyers now to schedule a free consultation.

Published on: October 29, 2013

Your Lewd Conduct in Glendale Arrest: Will It Be Your Last? Or Are You Doomed to Be Arrested Again?

by Michael Kraut

When most people learn about the consequences for getting convicted of lewd conduct in Glendale, they freak out a bit. Convicted offenders can go to jail, often for a long time. They can also lose civil rights, endure professional and personal humiliation, and get stuck with the “sex offender” label forever.

Given all the “negatives” associated with conviction, you’d think that anyone who ever got in trouble for this crime would avoid any untoward sexual behavior going forward.

But you’d be wrong.

In fact, aberrant sexual behavior is as difficult to control as it is poorly understood.

You could endure awful punishments, only to find yourself pinned down with a future Glendale sex crime charge. What gives? Why is it so hard to break away from aberrant or destructive behavior like this?

Scientists throw out a lot of theories about what goes on in the brains of sex offenders. But the brain is complicated, and good science on the subject is hard to come by:

• What works to stop person X from committing crime X might not work to stop person Y from committing crime X.
• Likewise, therapies and tactics that work to stop person X from committing crime X might not stop him from committing crime Y.

This doesn’t mean that you should “give up” and just surrender to a life of crime and punishment. But it does mean that you probably have a lot of work to do.

If your Los Angeles lewd conduct charges involved exhibitionism or fetishism, odds are that you’re dealing with a problem that’s at least partly biological. The neural reward pathways (that lead to the bad behavior) may be deeply embedded in your brain. You may need a lot of help to get the behavior under control. Take heart, though. Many people — in situations much worse than yours — have been able to manage both their charges and their impulses and successfully rebuild their lives.

A Glendale sex crime lawyer with the Kraut Criminal & DUI Lawyers can help you get very clear about your charges and what you can do about them, so that you can protect your rights.

Get in touch with a compassionate, knowledgeable Glendale lewd conduct attorney at the Kraut Criminal & DUI Lawyers now to explore your defense options.

Published on: October 28, 2013

Long Beach DUI News: Jay Ratliff (of the Dallas Cowboys) Whacked with DWI Charge

by Michael Kraut

Driving under the influence in Long Beach – or really anywhere in the country – can ruin your career. That’s true whether you’re a grocery store clerk or an NFL Pro Bowl superstar.

Consider the recent arrest of Jay Ratliff, a starting nose tackle for the Dallas Cowboys, who was arrested recently in Grapevine, Texas. He rammed an 18-wheel truck with his Ford F 150 truck while allegedly DUI. No one got hurt in the crash – Ratliff was the only person in his truck.

A local police officer, Sam Shemwell, said that Ratliff refused a breath test. But police asked for and got a search warrant to do a blood test on Ratliff. His toxicology reports have not come back.

The nose tackle’s arrest came just a month and a half after a much more awful disaster took the life of Cowboys’ linebacker, Jerry Brown. We covered that story when it happened. But to refresh your memory: Josh Brent, another Cowboy, got into a DUI accident that led to Brown’s death.

If convicted of the charge of intoxicated manslaughter, Brent could face two decades behind bars.

After what happened with Brown, the Cowboys have asked all players to install something called “safe key” in their cars. This device is similar to the interlock ignition devices (IID) that Long Beach DUI convicts often must use in their vehicles. The device prevents people from driving if they test positive for alcohol in their system.

Back in December, Ratliff got into a “volcanic” shouting match with Jerry Jones, the owner of the Cowboys. Jones recently told ESPN.com “As far as I’m concerned [Ratliff] is outstanding. He has given everything he has ever had to the Dallas Cowboys.”

Who knows how Jones will react to Ratliff’s recent arrest? But the DUI problem is certainly not going to help him with his employer.

That goes for anybody who has been arrested for a crime like Long Beach DUI. When you get in trouble on the 405 or elsewhere — even if you’re nowhere near work — your problems can follow you to the office. For instance, if you lose your license after a Long Beach DUI, you may not be able to get to your job. Furthermore, your arrest can reduce your employer’s trust in you, make it more difficult for you to find new work, and create other challenges and financial burdens.

So what should you do?

If you haven’t yet connected with a Long Beach DUI criminal defense lawyer, consider talking today to attorney Michael Kraut with the Kraut Criminal & DUI Lawyers. Mr. Kraut is a Harvard Law School educated ex-prosecutor who has tremendous, extensive experience helping clients like you get good results and feel back in control of their lives.

Published on: October 13, 2013

Los Angeles Drug Crime Operation, Smokin’ Aces, Leads to 129 Indictments of Alleged Mexican Mafia Members

by Michael Kraut

Major breaking Los Angeles drug crime news…

A law enforcement crack down, code named “Operation Smokin’ Aces,” has led to the indictment of 129 people linked to the Mexican mafia. These alleged gang members have been charged with drug and weapon charges, conspiracy, racketeering, murder, and extortion – just to name a few crimes.

According to an AP report about the bust: “The Mexican Mafia sought and received payments from gangs in Orange County in exchange for freely committing crimes in primarily Latino neighborhoods… those who refused were put on lists that often resulted in violent retribution.”

Los Angeles is renowned (in a bad way) for its major gang activity.

Over 45 gangs are active in the city, and many of these gangs have been around for decades. Police estimate that they have over 45,000 members. This decade alone, there have been 16,398 verified violent gang crimes in L.A., including nearly 500 murders, over 7,000 felony assaults, nearly 100 rapes, and over 5,500 robberies.

People who stand accused of drug crimes in Southern California face a series of challenging tasks. If you or loved one has been involved with a gang, you might be afraid of reprisals, both inside and outside of jail. At the same time, you also want to minimize your punishments and maximum your chances of rehabilitating your life, getting clean, and contributing positively to society. In that context, how can you construct an ethical, impassioned, and effective defense, especially if you’re fearful both for your life and safety?

To understand your options, get in touch with the experienced, aggressive, and successful Los Angeles drug crime attorneys at the Kraut Criminal & DUI Lawyers. Mr. Kraut and his team handle sensitive, complex matters, and they can help you meet your complex legal challenges.

Published on: October 6, 2013

Lewd Conduct in Burbank Fiasco: Should Director Terry Richardson Be Punished for Creating Miley Cyrus’s Explicit New Video?

by Michael Kraut

The crime of lewd conduct in Burbank is a serious offense. Your penalties can include jail time, probation and a lifetime “sex offender” label, which can make it difficult, if not impossible, for you to find good work, secure loans and lead a normal life. miley_cyrus_terry-richardson-los-angeles-lewd-conduct.jpg

In that context, consider the case of Director Terry Richardson, a 48-year-old fashion auteur — the creative visionary behind Miley Cyrus’s recent much-buzzed-about video, Wrecking Ball. The Hannah Montana icon is featured licking a hammer in a very sexually provocative way – and the video also shows the former child star weeping. It’s quite a disturbing juxtaposition.

But did Richardson cross the line? Should he have put images of Miley Cyrus wearing a sexy white tank top and appearing to lick his face (while in her underwear) on the web? While few people have suggested that Richardson did anything outright illegal in the making of the Wrecking Ball video, the director has come under fire, repeatedly, throughout his career for creating skeevy material and for acting badly behind the scenes.

Rie Rasmussen, a Danish filmmaker, told the New York Post that he warned Richardson “What you do is completely degrading to women.” A former 19-year-old model, Jamie Peck, disclosed some very disturbing allegations against Richardson: “I’m not sure how he maneuvered me over to the couch, but at some point, he strongly suggested I touch his terrifying penis.”

Richardson has defended himself in the press against such allegations – including one allegation that he once did a fashion shoot while totally naked and waving his penis around.

So what are the implications, if any, for your Southern California sex crime or Burbank lewd conduct defense?

First of all, appreciate the following. Richardson may stand accused of doing nasty things on his shoots. But no one has outright accused him of a crime, such as trying to sleep with an underage girl. That line may seem fine. But once you cross it, you can be subjected to serious criminal penalties.

Stuff that many people would consider “creepy” — such as, perhaps, a 48-year-old man dating a 19-year-old woman — may not be illegal. But the law is a law. The law sets boundaries. If you break those boundaries – or if you stand accused of breaking those boundaries – prosecutors will take your situation very seriously.

To that end, consider getting in touch with an experienced, accredited, very respected Burbank lewd conduct defense lawyer, like Michael Kraut of the Kraut Criminal & DUI Lawyers. Mr. Kraut is a former city prosecutor (Senior Deputy District Attorney) with excellent contacts and a track record for getting great results in complex cases.

Published on: October 1, 2013

Southern California Healthcare Fraud Nets “Dr. J” Wijegunaratne 27 Months in Jail

by Michael Kraut

A Southern California healthcare scam involving wheelchair fraud has netted 58-year-old Dr. Sri J. Wijegunaratne 27 months behind bars. health-care-fraud-wheelchair-los-angeles.doc

“Dr. J” was found guilty of Medicare fraud back in April. Our blog reported on Dr. J’s co-defendant, Godwin Onyeabor, who recently got sentenced to 51 months behind bars for his role in billing Medicare fraudulently and giving kickbacks to physicians. The Anaheim doctors lured patients to a local clinic by them promising juice, vitamins, and other freebies. When they got to the clinics, the patients got more than they bargained for – motorized wheelchairs and other unneeded equipment. The department plans to bring charges against two other co-defendants, Victoria Onyeabor and Heidi Morishita, in late September and early October.

As far as Southern California healthcare fraud schemes go, the one allegedly perpetrated by Onyeabor, Dr. J, and the coconspirators was pretty small and controlled (“just” $1.5 million). The truly titanic Medicare fraud schemes often involve tens of millions or hundreds of millions of dollars.

The Obama Administration’s Department of Justice has been highly active in pursuing Los Angeles healthcare and insurance fraud charges. Why? Two main reasons:

1. By certain objective standards, health care fraud has reached epidemic levels.
2. Healthcare costs have grown so out of control that the government wants to do anything it can to rein in the burden.

How much jail time will you get for your Los Angeles Medicare fraud charge, if you’re convicted?

Sentencing for fraud charges in Southern California (and elsewhere) is a complicated business. Your punishments will depend on:

• The nature of the crime you allegedly committed;
• Whether you were charged with a federal crime or California crime;
• Whether you might be able to strike a plea deal with prosecutors;
• Whether you have a criminal history;
• Whether you conspired with other people to carry out the healthcare fraud
Given the complexity of your legal situation, it may behoove you to find an experienced Los Angeles criminal defense lawyer who has handled similarly sophisticated cases before. Mr. Michael Kraut of the Kraut Criminal & DUI Lawyers has spent nearly decade-and-a-half as a prosecutor for Los Angeles, during which time he’s handled many very complex fraud cases from the prosecutorial side. The Harvard Law School educated Mr. Kraut can help you come to terms with the charges that you’re up against and build a stiff and vigorous defense.

Published on: September 23, 2013

Tales of Los Angeles Petty Theft (in Our Local Library … and Way Out in New Zealand)

by Michael Kraut

If you’ve been arrested for a Los Angeles petty theft crime, such as shoplifting, you obviously want to avoid a misdemeanor charge. If you’re convicted for shoplifting… and then caught and convicted for shoplifting again, two years from now, prosecutors can charge the second shoplifting as a felony crime.

That means you can wind up behind bars for a year or longer, just for stealing a shirt or a bottle of Tide from CVS or 7-Eleven.

Consider that sobering fact as we journey (virtually) to New Zealand, where a 33-year-old school teacher, Marina Murray, just pled guilty to theft for the eighth time in just a few years. According to a local paper, The Herald, Murray is a kleptomaniac. That is, she has a psychological condition that effectively compels her to steal. She’s been convicted of theft multiple times – in February 2004, July 2005, twice in 2008, three times in 2010. In her latest theft binge, she took Cadbury chocolate, two erasers, two pencils, and two dishcloths, and some other sundries. Not a “huge load,” but enough to get her another conviction.

Not everyone guilty of a petty theft in Los Angeles, New Zealand, or elsewhere has kleptomania.

Sometimes, social pressure is enough to turn an ordinarily upstanding citizen into a thief.

To wit, KABC reports that 12 school workers in Inglewood, Linwood, and Bellflower have been indicted and charged with stealing thousands of textbooks from Los Angeles city schools. Prosecutors believe that Corry Frederick, a 43-year-old book buyer, recruited the workers to steal books from schools in order to resell them on Amazon. In total, LAUSD lost 6,000 to 7,000 textbooks to the theft. Frederick allegedly paid the workers nearly $200,000 in bribe money.

The school district lashed out at the employees: “We are outraged by the alleged behavior of these employees, which is equivalent to stealing directly from our students.”

The people named in the theft ring pled not guilty to felony charges of accepting bribes and embezzlement. The names do not exactly read like a “who’s who” of a typical criminal syndicate:

• 36-year-old Veronica Clanton-Higgins, a Lynwood Unified School District librarian, allegedly took over $14,000 from Frederick;
• 46-year-old Shari Stewart, an Inglewood Unified School District librarian, allegedly took $4,200 in checks from Frederick;
• Vincent Browning; a warehouse supervisor for Bellflower Unified, collected allegedly nearly $48,000 from Frederick;
• 54-year-old Frank Fuston, an Inglewood Unified School District plant manager, allegedly collected $1,100 in money from Frederick;
• Seven other employees at University High School, Webster Middle School, Locke High School, Venice High School, Audubon Middle School, Perry Middle School, Santee Education Center also allegedly participated.

District Attorney Jackie Lacey called the ring “a web of deceit at our children’s expense” and lashed out that “taking books out of the hands of public school children is intolerable, especially when school employees sell them for their own personal profit.” Frederick himself faces the most stringent charges, including 12 embezzlement counts and 13 counts of bribery.

If you’ve been arrested for grand theft in Los Angeles or petty theft in Southern California, you, too, may be up against a felony charge.

So what should you do?

Step one is to formulate a good defense by connecting with a reputable, seasoned Los Angeles criminal defense lawyer. Mr. Michael Kraut of the Kraut Criminal & DUI Lawyers is an ex-prosecutor who spent 14 years “on the other side” helping to put criminals behind bars. Today, in his role as a Glendale criminal defense lawyer, Mr. Kraut represents people like you and helps them devise sound, ethical strategies to defend against charges and move forward with their lives.