Punishment

Published on: September 13, 2013

Pasadena DUI Viral Hit: 22-year-old Admits to Fatal Hit and Run on YouTube: Video Racks Up Over a Million Hits

Pasadena DUI events are inherently dramatic – even more so when they involve serious injury or death.

Unfortunately, even raw, deeply disturbing cases don’t always get the kind of coverage they probably should. Perhaps we’re just numb to stories about DUI in Pasadena and elsewhere. Perhaps we’re just overwhelmed by our lives — we’re preoccupied.

Every once in a while, however, some event comes out and punches us on the gut and reminds us of the dangers of DUI and of the emotional toll these events can take.

22-year-old Matthew Cordle did just that, when he posted a video on YouTube taking responsibility for a hit and run DUI. The crash killed 61-year-old Vincent Canzani, who died in a wrong-way collision on Interstate 670 near Columbus, Ohio. Cordle posted his confession to the site “Because I Said I Would” and took full responsibility for the fatal wreck. He said “my name is Matthew Cordle, and on June 22, 2013, I hit and killed Vincent Canzani… I will take full responsibility for everything I have done to Vincent and his family… the reason [for my confession] is so that I can pass that message onto you. I’m begging you, please don’t drink and drive.”

Matthew’s mother, Kari Cordle, posted support of her son’s video on her Facebook page: “I’m posting this video to support my son in his goal to get out his sincere and powerful message to never drink and drive … I’m proud of his courage and strength to see this through. Thank you, son.” Prosecutors say that he had a BAC of 0.19% – nearly 2.5 times the legal limit for Pasadena DUI.

Cynics speculated about Cordle’s “angle” – was he trying to use the sympathy generated by the video to obtain a more lenient sentence? Was he making a play to “judge shop” to get a judge who might give him a more lenient sentence?

But most viewers had a very positive, sympathetic reaction to the post. In fact, even Cheryl Olcott, the ex-wife of the man killed in the DUI, was appreciative. “[Cordle] said ‘I made a huge mistake and I’m going take what’s coming to me’… you got to respect him for that … it’s gut-wrenching coming from a mother looking at the young boy, and he just doesn’t understand the damage that he did.”

Cordle even said on the video that he was “handing the prosecution everything they need to put me away for a very long time.”

If convicted of aggravated vehicular homicide and driving under the influence, the 22-year-old could face nearly nine years behind bars, according to local prosecutors.

If You Seriously Hurt Or Killed Someone While DUI in Pasadena

California law understandably punishes Pasadena DUI drivers more when they hurt or kill other people.

In fact, typical DUIs are prosecuted as misdemeanors under California Vehicle Code Section 23152. But so-called “injury DUIs” in Southern California are prosecuted according to a different vehicle code section – 23153. That’s only one number different. But the implications are profound.

That means if you caused even just a minor injury to someone else – such as whiplash or bruises – you could wind up behind bars for over a year. And, of course, the charges can get substantially elevated, if you seriously hurt someone or killed someone. You could be charged with vehicular homicide, manslaughter, or even DUI murder in an extreme case.

So what can you do to begin to build a defense?

An experienced and compassionate Los Angeles DUI criminal defense lawyer from the Kraut Criminal & DUI Lawyers can help you unpack your charges and defend against them. Mr. Kraut is a former Senior Deputy District Attorney for the City of Los Angeles, and he serves as a legal expert for ABC, Us Weekly, and many other respected publications.

Published on: September 2, 2013

Icky Case of Los Angeles Lewd Conduct at a Ventura Shopping Mall

by Michael Kraut

23 year-old Nicholas Russell was arrested for Los Angeles lewd conduct, after multiple witnesses said he exposed himself in public and masturbated in his vehicle, earlier this month.

Ventura police got a call at around 10 AM, alleging that a male in his 20s had been roaming around a shopping mall on the 1700 block of Victoria Avenue, exposing himself to passersby. Per a witness’s report, the man had been wearing army pants and a blue sweatshirt. Half an hour later, police received a separate report that the same man had been spotted at Portola Road and Shenandoah Street, exposing himself. He was seen driving a grey sedan.

The suspect managed to get away from officers, but he didn’t lay low for long. Police found him at around 4:30 p.m. on the 6600 block of Telephone Road, masturbating in his vehicle. Officers arrested the suspect and charged him with Southern California lewd conduct. A witness helped identify Russell to the police.

Southern California law takes sex crime charges very seriously.

If convicted of the charges against him, Russell could face jail time, fees and fines, and other unpleasant punishments, including having to live with the “sex offender” label for the rest of his life. This label could make it hard for him to find employment, secure housing, and live a normal life. In fact, in many ways, the sex offender label is harder to deal with than a short stint behind bars. It permanently alters how you get around the world and also skews how society (and even people in your own family) can treat you.

Does this to mean that you’re doomed to a conviction and a lifetime problem? Not necessarily.

An assertive Los Angeles lewd conduct defense can influence not only your potential sentence but also on the “after effects” of the arrest on your life, career, and your relationships.

Consider talking to a former Los Angeles city prosecutor, Michael Kraut, about your situation.

Mr. Kraut served over 14 years as senior level prosecutor for the city (Senior Deputy District Attorney), and he maintains excellent relationships with judges, attorneys, police officers, and others in the Los Angeles defense community.

Published on: August 31, 2013

Los Angeles Petty Theft Blotter: Cape Cod Shellfish Companies Shellacked by Heists

by Michael Kraut

Many Los Angeles petty theft cases are anything but petty, when you consider them from the victim’s point of view.

The loss of a family heirloom, favorite toy, or other meaningful token can often feel more devastating than can the loss of a car or flat screen TV.

Consider this principle of Los Angeles criminal defense as we turn our attention to a topic that may seem remote: the theft of oysters.

That may sound like a trivial topic — like the subject of an old Hardy Boys novel. But to oyster farmers and their customers, such thefts can be business destroying and soul crushing. Two shellfish facilities out in Cape Cod have been robbed multiple times this summer… to the tune of thousands of oysters. The Marston Mills River Facility recently lost 3,000 oysters to pilfering. Police believe that the thief accessed the facility via the water.

So far, an investigation hasn’t turned up anything, but a local resources manager, Douglas Kalweit, says “there’s a whole bunch of people with their eyes and ears out” for the oyster thief.

The theft followed a similar crime at Crowes Pasture, where more than 20,000 oysters disappeared this summer. One heist, which occurred mid-July, cost farmers $1600. The thief came back a few days later to grab another 10,000 oysters. Chris Southwood, a local constable, believes that one person likely committed all these crimes.

Southwood said “until they get caught, they’re probably just going to do it again.”

The local Department of Natural Resources installed surveillance cameras, and both facilities remain on guard. Oyster theft is not an unheard-of problem, but local authorities say that it reached a new level this summer.

In today’s media-saturated environment, it’s difficult to get people to care about even big problems. If you’ve been accused of petty theft in Los Angeles or anywhere else, you’d probably like some understanding and empathy: you want somebody to take your legal problems seriously. The team here at the Kraut Criminal & DUI Lawyers is standing by to provide through, effective assistance. Connect with our team today for a free consultation about your Southern California defense.

Published on: August 26, 2013

Major Los Angeles Drug Raid – Mexican Mafia Crackdown One of Biggest Crime Raids in L.A. County History

by Michael Kraut

Reporters have called it “one of the largest single crackdowns on organized crime in L.A. County history” — on August 6th, local authorizes from multiple agencies cracked down on the Los Angeles drug crime trade created by the Mexican Mafia prison gang.

The raid collected almost $20 million in methamphetamines (600 pounds’ worth!) and led to the arrest of eight people – alleged members of the Mexican Mafia or “La Familia.” Police nabbed a cache of firearms and handguns. According to reports, the gang members had been coordinating a drug running operation known mysteriously as “The Project.” The idea was that members would supply meth all over Southern California in exchange for protection in jail and safety on the streets.

U.S. Attorney André Birotte, Jr. summarized what happened: “our joint efforts have helped disrupt a plot that could have flooded literally our neighborhoods with tons of methamphetamines and other narcotics… we have put an end to an alignment of criminal organizations that would have been unprecedented.”

In related news, the Bureau of Alcohol, Tobacco, and Firearms (ATF) indicted 31 gang members with charges such as aiding and abetting, drug offences, conspiracy, beyond – all 31 people face life behind bars without chance of parole.

A large scale bust on the Mexican mafia in Los Angeles County is not without precedent. Back in 2007, authorities arrested and charged 100 alleged gang members, five of whom got sentenced to life in jail without parole.

Putting Your Los Angeles Drug Crime Charges in Perspective
If you were arrested for possession of marijuana with intent to sell, conspiracy, or even a basket of drug charges, you know that the law takes these cases very seriously. Among the punishments you could face include: jail time, fines and fees, the loss of your license, probation terms, and beyond. You may also face multiple counts, which means that your punishments could stack up on each other.

Executing a Sound Los Angeles Criminal Defense Strategy

Crafting a good defense is non-intuitive work.

Ideally, you want to find an attorney who has real world, practical knowledge working on both sides of the law – as a prosecutor and as a defense attorney – with a demonstrated record of success in each capacity.

Attorney Michael Kraut with the Kraut Criminal & DUI Lawyers has those unique qualifications. He served for 14 plus years as a high level prosecutor (rising to the level of Senior Deputy District Attorney for Los Angeles), and has since built a thriving, successful criminal defense firm, the Kraut Criminal & DUI Lawyers. Connect with Mr. Kraut and his team today to schedule a free, confidential consultation about your defense options.

Published on: August 22, 2013

Los Angeles Drug Arrest News – Tulisa (X Factor Judge) and Jenelle Evans (Teen Mom) Are Both in Legal Hot Water Over Drug Charges

by Michael Kraut

Do you face Los Angeles drug charges, such as illegal possession, distribution, or conspiracy?

If so, you can probably relate to the plights of two female reality starts: Tulisa Contostavlos (former X Factor judge) and Jenelle Evans, (star of the reality show, Teen Mom).

Tulisa — who won fame as a singer (“We Are Young”) — got busted in June for providing an undercover reporter with a Class A drug. Mike GLC, a fellow musician, was arrested with her.

Per the Sun, a British newspaper, the 25 year-old Tulisa was caught on camera hooking up an undercover journalist with a purported drug dealer at London’s Dorchester Hotel. The deal was reportedly worth 820 pounds. Tulisa has tried to duck out of the limelight. But Mike GLC vocally denied being a drug dealer and claimed that all the negative attention from the case was “ruining [his] life.”

Meanwhile, back across The Pond, Teen Mom star Jenelle Evans returned to jail after she failed a drug test. Evans got hit with an intense array of charges, including assault and heroin possession. Her sentence: 18 months of unsupervised probation.

The star of Teen Mom 2 — which apparently is now in jeopardy of being cancelled by MTV — has been through the ringer, legally speaking. In May, she failed to show up at a court hearing pursuant to charges that she had cyber-stalked an ex-boyfriend. She had to pay a $1,000 bond and turn herself in.

She later claimed on her blog that she made a simple scheduling mistake. She wrote: “at 9 AM I get a text from my lawyer telling me “make sure your [sic] at court at 9.30 AM.” As soon as I see that text, my heart dropped out of my a**! I responded with, “Do I have to be there?” Because sometimes I don’t have to be there… he responded with “they’re holding the case open until you get here.”

But she didn’t make it in time and wound up with a “failure to appear” charge.

Do You Face Los Angeles Drug Crime Charges?

Whether you got booked for selling marijuana in Burbank, or you face a more complicated set of charges, you can leverage a variety of defenses. To learn about your Los Angeles drug crime defense options – to develop a strategy to move beyond the arrest and get your life back – talk to Harvard Law School educated ex-prosecutor Michael Kraut now.

Mr. Kraut is a highly reputable, resourceful, and aggressive attorney who has lots of personal connections in the Southern California legal community.

Published on: August 19, 2013

Los Angeles Lewd Conduct News – 19-Year-Old Kaitlyn Hunt, a Lesbian Cheerleader, Faces 15 Years in Jail for Having Sex with 14-Year-Old Girl

by Michael Kraut

Most Los Angeles lewd conduct cases are “drama-filled,” but odds are that your scary legal situation has gotten nowhere near as much press as Kaitlyn Hunt’s has.

The 19-year-old Florida cheerleader has been jailed (again), after having sex with her 14-year-old girlfriend.

Authorities first arrested Hunt back in February and told her to stop contacting her 14-year-old girlfriend, after the girl’s parents told the police. However, Hunt continued to text with the girl – sending approximately 20,000 texts! – and continued seeing and having sex with her. (She also allegedly gave her girlfriend an iPod.)

Prosecutors had offered Hunt a plea deal that would have allowed her to escape prison time but would have required her to register as a sex offender. But based on the new allegations, prosecutors have dropped the plea deal.

Hunt’s initial charges included two counts of lewd and lascivious battery. In Florida, if you’re over 18, you can’t have sex with anyone younger than 18.

Hunt’s case has sparked massive media attention, in part because the 19-year-old is gay. Hunt’s fans argue that the young girl’s parents only tipped the authorities off because of the lesbian nature of the relationship.

The texts between Hunt and her girlfriend suggest that they both knew what was going on.

Hunt sent her girlfriend a text message in May telling her not to tell anyone about their liaison. Otherwise, “I’ll sit in jail until trial starts… if they find out we talked, I am going to jail until trial starts.”

When Hunt found out that the girlfriend had told her parents that they were still in contact, she texted her back “f**k you … you are stupid … you want me to go to jail … you are such a messed up person … you snitched on me. God only knows what you’ll do when pressed in court. Bye.”

Kelley Smith, Hunt’s mother, eventually found out about what was going on. But instead of alerting authorities, she apparently tried to cover up her daughter’s actions — an act that could make her criminally liable as well. In one text message, Smith wrote to the girlfriend: “delete EVERYTHING … PLEASE delete everything and make sure NO ONE finds out you have spoken to Kait at all.”

If convicted of all charges, Hunt could face 15 years behind bars on top of additional penalties for disobeying the terms of her bond. Over 300,000 people (as of May) had signed an online petition to get Hunt’s charges dropped.

If you’ve been charged with lewd conduct in Los Angeles, you probably have substantial sympathy for Kait’s plight. Fortunately, you can build a vigorous, substantive defense and protect your rights. Connect with attorney Michael Kraut of the Kraut Criminal & DUI Lawyers today to strategize your defense.

Mr. Kraut is an ex-prosecutor who worked for the city for over 14 years; he knows how prosecutors work and how they think. Tap his experience, resources and connections to put up a vigorous defense to your Southern California lewd conduct charges.

Published on: August 15, 2013

Egregious and Public Los Angeles Lewd Conduct: Could It Prevent You from Becoming Mayor?

by Michael Kraut

As someone recently arrested for Los Angeles lewd conduct, you’re probably aware of what’s been happening with Anthony Weiner, an ex-Congressman and current candidate in the upcoming New York City Mayoral election.

Weiner, who’s married to former Hillary Clinton aide, Huma Abedin, resigned from Congress in 2011, in the wake of a shockingly embarrassing scandal. He took and shared nude cellphone pictures of himself and engaged in lengthy, sexually explicit conversations with other women. Some of these antics were so over the top that they provided fodder for the nighttime talk shows for weeks.

The behavior was frankly astonishing, even for a politician.

But then Weiner astonished the political world, yet again, by announcing that he would run for Mayor of New York City.

The chutzpah paid off, at first. Pundits considered him a leading candidate … until new revelations broke that he had continued to engage in the lewd conduct! A gossip website revealed that — long after his resignation from Congress and public apology — Weiner went online, using the pseudonym “Carlos Danger,” and traded XXX pictures with a 22-year-old woman. He also engaged in more phone sex.

All this, after he gave People magazine an interview, in which he boldly stated “[I’m] trying to be the best dad and husband he can be.”

Weiner did not deny the recent allegations.

Instead, at a press conference, Weiner told reporters: “I expected that other texts and photos were likely to come out, and today they have … as I have said in the past, these things that I did were wrong and hurtful to my wife and caused us to go through challenges in our marriage that extended past [my] resignation from Congress.” Abedin stood by her man, saying “I love him, I have forgiven him, I believe in him, and … we are moving forward.”

How might Weiner’s case be relevant to your Los Angeles lewd conduct case?

Weiner’s story might be a great fodder for the late night shows. But on a more serious note, it’s a testament to how difficult it can be to quit self-destructive compulsions.

It’s easy to chalk up Weiner’s recidivism – playing the role of Carlos Danger and everything like that – to narcissism, obliviousness, shamelessness, or some other negative adjective. But that can’t be the whole story. Dealing with sexual compulsion is incredibly challenging. Most people lack the resources to manage their challenges effectively.

The point is that, if you’ve been accused of Los Angeles lewd conduct, you owe it to yourself and to the people you care about (and potential future victims) to get effective help now for your sex crime charges. To that end, please consider connecting with Kraut Criminal & DUI Lawyers today for meaningful insight into your legal situation and potential remedies. Mr. Kraut is an ex-prosecutor and former Senior Deputy District Attorney for the City of Los Angeles.

Published on: August 13, 2013

Southern California Medicare Fraud News: Son Blows Whistle on Dad’s Company, Could Get Slice of $1 Million Settlement

by Michael Kraut

What makes a Los Angeles Medicare fraud story newsworthy?

• Is it the sheer amount of fraud involved?
• Is it the number of people allegedly harmed by deception?
• Is it the stress that the case puts both on the Medicare system and on the court system?
• Is it the elaborateness of the Rube Goldberg machinations that doctors, caregivers, and other collaborators use to bend or break the system’s rules?

These elements surely help determine what’s “intriguing” or not about Southern California Medicare fraud cases.

But there’s another key element: DRAMA.

After all, we live in the heart of the entertainment industry. Angelinos appreciate compelling, emotionally riveting stories.

In that context, consider a Medicare fraud case just settled up in White Plains, New York. It concerns a company called Park Avenue Medical Associates. At the heart of the case is a family feud between a father and son.

Michael Wolfson, a founder of Park Avenue and its Chief Medical Officer, must have been devastated when he learned that his son, Zachary Wolfson, blew the whistle on him and his associates. The crime, allegedly? Submitting an enormous number of bogus claims for reimbursement.

For instance, the company charged Medicare for psychiatric services for patients with advanced dementia – who could never have benefited from the services! According to Zachary’s accusations – which were supported by the Manhattan U.S. Attorney – the company often failed to adhere to Medicare rules and also billed for unnecessary services.

Since Zachary Wolfson blew the whistle under the False Claims Act, he will be entitled to a sum of the cash settlement that Park Avenue offered to end the legal drama.

News reports have speculated on the intriguing dynamic between Zachary and his father. What went wrong in the company and why? The internal family and company politics may be forever opaque to news sources – and perhaps it should be.

This bring up an important point: the psychological and financial motivations that compel people to commit healthcare fraud, insurance fraud, or other Southern California white collar crimes often are complex. The news likes to paint certain defendants as “bad guys” and talk about them in black and white terms.

Here’s the reality.

People who get involved in fraud schemes are not inherently evil. Rather, their motivations often come from needs not met, such as needs for fair compensation, autonomy, power, and so forth.

The point is that, if you or someone you love stands accused of a similar crime, you need a thorough defense. Trust attorney Michael Kraut of Los Angeles’s Kraut Criminal & DUI Lawyers, to provide a free and thorough consultation about your options. Mr. Kraut is a Harvard Law School educated ex-prosecutor who wracked up a very impressive 99+% rate at jury trials as a prosecutor.

Published on: August 6, 2013

Fascinating Medicare Fraud Case: Cincinnati Doctor Sued For $11 Million in Unnecessary Surgery, but Dr. Durrani Vigorously Denies Charges

by Michael Kraut

Medicare fraud cases in Southern California (and elsewhere) can start to sound pretty similar to one another, especially if you report on these crimes month after month, year after year, as we’ve done on this blog.

But every once in a while, a riveting, different kind of story bursts through and merits extended commentary.

Recently, prosecutors charged Dr. Atiq Durrani with unfairly billing Medicare to the tune of $11 million for surgeries he performed between February 2010 and January 2013. Prosecutors say that these surgeries were not medically necessary for patients. They also hit him with healthcare fraud charges and charges for making false statements.

Published on: August 1, 2013

What’s the Highest Long Beach DUI BAC Level Ever Recorded?

by Michael Kraut

As your blood alcohol concentration goes up, your likelihood of DUI in Long Beach increases.

But what are the record BAC levels?

If you’ve had any alcohol education, you’re probably familiar with the general classifications. If your BAC is over 0.08%, you’re considered DUI under Long Beach law, and you can be charged and convicted of a misdemeanor. As a result, you can lose your license for a year; lose your freedom temporarily; and pay significant court costs and fines.

As your BAC level goes up, your risk increases, and your ability to drive (or do any task) degrades. If you’re substantially over the limit – BAC of 0.25%, for instance – prosecutors can hit you with extra charges, even if it’s only your first time.

Above a BAC of 0.30%, you have to worry not just about punishments but also about your health. The human body can only take so much alcohol before the system starts to shut down and acute alcohol poisoning wreaks havoc. A BAC of 0.50% can often lead to death or brain damage.

But there have been people who have had BACs way above that number. Some have even lived to tell the tale.

For instance, according to list compiled by Coed.com (not exactly Reuters, but this isn’t a scholarly journal article), a Bulgarian man went to the hospital after getting into a serious car accident. Physicians noticed a smell incredibly like alcohol. They gave him a breathalyzer, which recorded an astonishing 0.914% BAC.

Meanwhile, in France, another man got into a serious crash in Bourg-en-Bresse and tested to have a BAC of 0.976%. That’s over 10 times the Long Beach DUI limit! Amazingly, all he lost was his license and €150 – at a BAC level where most people would have lost their lives.

The all-time “prize” goes to a man from Wroclaw, Poland, who crashed his car after “beer bonging” pure grain alcohol. Actually, the car he drove wasn’t his – he stole it from his work. Investigators tested and found that his BAC was an astonishing 1.48%. More than 1/100th of the man’s blood was pure alcohol! He did survive the crash initially, but he ultimately succumbed to injuries that he sustained. Perhaps all that alcohol weakened his immune system.

Two other BAC levels above 1% have been recorded in Poland. A man was found half naked on the streets while temperatures were below 10 degrees Celsius. He had a BAC of 1.024%, but he somehow survived everything! Another man in Skierniewice, Poland survived a DUI accident, despite having a BAC of 1.02%.

For assistance with your Long Beach DUI case, connect with the team here at the Kraut Criminal & DUI Lawyers today for serious, thoughtful and experienced insight with your case.