Punishment

Published on: August 3, 2009

Transformers 2 Star Still on Probation for his 2008 Los Angeles DUI Arrest

Actor Shia LaBeouf has much to crow about these days. His latest movie, Transformers 2, performed surprisingly well at the box office, notwithstanding its mixed critical reception. That said, the 23 year-old has some serious transportation problems stemming from his arrest last year for driving under the influence in Los Angeles. As recent paparazzi photos of LaBeouf strolling outside his gym attest, the actor cannot legally drive due to a court-enforced probation.

Nearly a year ago to date, LaBeouf got arrested for Southern California DUI after he turned his Ford pickup truck into oncoming traffic and struck another car. LaBeouf’s truck flipped over twice, and both his female passenger and the woman he hit sustained minor injuries. Fortunately, no one was seriously hurt in the crash. LaBeouf managed to get off with only a misdemeanor charge – a lucky break.

After all, as an experienced Southern California DUI defense attorney might explain, according to California Vehicle Codes § 23152 (a) and 23153 (b), individuals who injure others while driving with a BAC of 0.08% or above can be charged with a felony. In fact, had any of LaBeouf’s victims suffered “great bodily injury,” the actor could have faced three years in prison or more depending on the severity of the injury.

Published on: July 10, 2009

Former NFL Steve McNair Murdered by Girlfriend WHo Then Killed Herself

by Michael Kraut

Former Tennessee quarterback, Steve McNair, who was found this past Saturday shot and killed in his girlfriend’s apartment was determined to be murdered. Also found dead was Sahel Kazemi with one gunshot wound to the head.

From the very beginning, investigators were very quiet about what happened while they were waiting for results from tests completed immediately after the bodies were discovered. This morning, those same investigators announced their conclusion that McNair’s girlfriend murdered the football player and then turned the gun on herself. Top criminal defense attorneys assisted in the investigation
At a news conference, Police Chief Ronal Serpas made the announcement that Kazemi, 20, was extremely depressed over mounting personal problems. Apparently, financial problems and a recent DUI arrest contributed to the stress. But, the final straw was learning that McNair was married.

Police stated that they believe that Kazemi approached McNair while he was asleep on the couch at a rented condominium at 1:45 AM on Saturday. She raised the gun and shot him once in the left temple, then pointed the gun to his chest and shot him two more times. The final shot was to his left temple. Then she shot herself in the head after positioning herself that she would die in his lap.

The evidence pointed to McNair being asleep because it appeared he did not raise his hands to defend himself. Recent advances in forensic testing allows law enforcement to tests for Gun Shot Residue (GRS). The residue is the burnt gun power that is discharged when the gun is fired.

Published on: July 8, 2009

Three’s Company Star Joyce Dewitt Busted for a Los Angeles DUI

by Michael Kraut

July 4th has always been a priority for law enforcement looking to bust people for a Southern California DUI. This year was no different then any other. In El Segundo, a suburb of Los Angeles, there was a DUI check point which caught Joyce Dewitt. As she approached the Los Angeles DUI check point, an officer smelled alcohol on her breathe and she was given field sobriety tests which she failed. Dewitt was arrested, posted bail and then was released.

Now that she is out of jail it is crucial that she immediately hire a pre-filing Los Angeles DUI defense attorney. The reason she this is so important is because when the prosecutor looks at the reports and has to make filing decisions, the reports that are read are only those written by the police. A former prosecutor that now practices Los Angeles DUI defense, can intercede on your behalf. Then the prosecutor has both sides of the story to review before any filing considerations are made.

The results, if a Southern California DUI is filed, can be disastrous. I first time DUI can result in a jail sentence as long as 6 months, huge fines, a suspension of your driver’s license, and an alcohol education course that is not only expensive, but very time consuming.

Published on: July 5, 2009

Medical Fraud Investigation in Los Angeles Continuing in Michael Jackson Case

by Michael Kraut

The Federal authorities and Los Angeles law enforcement are combing through vast amounts of evidence to ascertain whether there was Los Angeles Medical Fraud and Holmby Hills white-collar fraud in the death of singer Michael Jackson. Investigators have been looking at a total of five doctors who were writing prescriptions for the famous singer, some under fake names. Los Angeles pre-filing defense attorneys are making great headway in protecting their physician clients from potentially devastating results. It is very important if a professional is under investigation to immediately hire a top notch Los Angeles investigation defense attorney to manage the investigation in a parallel manner to law enforcement. Thereby, providing key evidence and witnesses who can either clear the professional from further harm to their reputation, or worse, a criminal filing and lose of license.

Dozens of prescription bottles have been found in the Los Angeles home rented for the singer since his death last week. The investigators have let slip that many of the bottles have no labels, other have names other then the singers true names. It has been reported that Jackson had been suffering from an addition to prescription pain pills for many years. In fact, the singers family has publicly come forward and blamed his many doctors for enabling the singer with these powerful drugs. One of the drugs of most concern to law enforcement is the drug Diprivan. The drug is one of the most power sedatives on the market. Usually only used in operating rooms by anesthesiologists in surgery. Some of the bottles in Jackson’s home were full of the drug, while others were completely empty.

Published on: June 29, 2009

Bernie (Bernard) Madoff Sentenced to 150 Years for Los Angeles White Collar Crimes

by Michael Kraut

Bernard Madoff was sentenced on June 29, 2009 to 150 years in federal prison for his white-collar crimes in Los Angeles as well as throughout the United States. His Los Angeles Ponzi scheme effected thousands of victims. Many were here in Southern California, but the fraud was determined to have occurred throughout the world. Madoff was represented by a top notch Los Angeles white-collar defense attorney.

The sentence was the absolute maximum that United States District Court Judge Denny Chin was able to imposed under the Federal sentencing guidelines. US Marshalls had to quiet the gallery when the spectators let out screams of joy as the 71-year-old Madoff was sentenced. Southern California White-collar crimes usually do not carry heavy sentences. Usually, people are able to payback some or all o the victim’s money and the courts tend to go more lenient on the defendants. For example, a well known Hollywood producer was recently arrested for stealing half a million dollars from a major movie studio here in Los Angeles. The Southern California white-collar defense attorney was able to convince the District Attorney to allow the defendant to plead to one felony count of forgery with no jail time, and after three years of probation, the case can be reduced to a misdemeanor and dismissed from his record entirely.

Those interviewed outside of the courthouse claimed that Madoff was a given a life sentence just as the victims had been a life sentence for the loss of their entire fortunes at the hands of Madoff.

Published on: June 21, 2009

Chris Brown will be ina Los Angeles Courtroom to Face Multiple Felony Charges for his Los Angeles Assault

by Michael Kraut

On June 22, 2009, actor Chris Brown will face the judge for his Los Angeles assault on Rhianna. The prosecution will need to prove that Brown assaulted and verbally threatened Rhianna several months ago. Brown is being defended by his legal team composed of Los Angeles assault defense attorneys. Now it will be the time when rumors and innuendo is put aside and the facts will be put forth under oath.

Brown will have a preliminary hearing. This is a court proceeding in which the prosecution will have to prove that a crime was committed and more likely then not, Brown committed the crime. This standard of proof is very low at this point for the prosecution. They do not have to put all of their evidence on the table, just enough to tip the scales of justice.

Rhianna has been subpoenaed to appear in court and she is expected to testify truthfully against Brown. It will be her testimony that determines if Brown will eventually face custody time in jail or prison, or if the charges are reduced to misdemeanors or even dismissed.

Published on: June 18, 2009

Lindsay Lohan Under Investigation for Grand Theft of Jewels in England

by Michael Kraut

Lindsay Lohan is being investigated for grand theft of the $400,000 worth of jewels from Dior she was wearing at her Elle Magazine photo shoot. Scotland Yard has been brought in to review the facts surrounding the lost jewels. The items, a diamond necklace and diamond earrings, were reported stolen right after she wore them on June 6, 2009.

According to sources close to the investigation, Lohan admired the jewels and asked if she could keep them. The jewels were not reported stolen for two days. At that time, Central London Police were notified.

Los Angeles grand theft crimes need to be defended by a Los Angeles grand theft defense attorney. People who are charged and convicted of a grand theft could be sent to prison for 3 years if the case is a felony. After release from prison, the person will be on parole and will have to be monitored. That is why if you or someone you know is being investigated for a South California grand theft crime, they should immediately hire a theft crime defense attorney who will handle the pre-filing investigation and assist that person early on even before the case is filed.

Published on: June 17, 2009

Donte Stallworth Gets 30 Days for DUI Death Case

by Michael Kraut

The DUI manslaughter case of Donte Stallworth ended this week with a surprise. The famous football player plead to a DUI manslaughter charge after he hit and killed a pedestrian in Miami on March 14 of this year. Stallworth was driving his Bentley with a blood alcohol level of .126, almost twice the legal limit. The legal limit in Miami for a DUI is the same as for a Los Angeles DUI, .08 by weight.

According to news result, Stallworth had been drinking and then ended up driving down the street when 59-year-old Mario Reyes jumped out between two parked cars trying to cross the street to get to a bus.

Most people were outraged by the low jail sentence of 30 days plus two years of house arrest. However, his pre-filing DUI defense attorney most likely made the difference in this case. By intervening early on his behalf, Stallworth was able to have his DUI attorney raise legal questions that may of given prosecutors pause in deciding how hard to fight this case.

In order for the prosecution to prove that Stallworth was driving under the influence, the District Attorney would need to prove beyond a reasonable doubt the following: 1) that he was driving with a high blood alcohol level, and 2) that while driving he committed an illegal act. Most Los Angeles DUI cases are proven when the driver crosses over the double yellow line, hits a parked car, or runs a red light. The very act of committing one of these violations is direct evidence of driving under the influence. Because the victim in the Stallworth case jumped into traffic, he might have contributed to his death and even a sober person might have hit him. Therefore, there were proof problems in the case and the prosecution decided to plead the case out for little jail time. Stallworth also paid the family of the victim for their loss and that also helped his case.

Published on: April 13, 2009

Phil Spector Guilty Of Murder of Lana Clarkson in Los Angeles

by Michael Kraut

After two trials and well over a week of deliberations, music producer Phil Spector was convicted of second degree murder in the Los Angeles shooting death of actress Lana Clarkson. Spector, 69, was immediately remanded into custody by Judge Larry Paul Fidler.

The producer was quiet as usual when he arrived in court. As the verdict was read he looked straight ahead and did not show any emotion. The six-man, six-woman jury began deliberating on March 26, 2009, after a 5 month trial. This was the second trial for Spector whose first trial ended in a hung jury. Alan Jackson, the prosecutor, tried both cases. The facts presented in both cases was primarily the same. This time the jury seemed to take the evidence of Phil Spector’s quirky behavior of pointing guns at the heads of woman who he dated, but refused to sleep with him, as evidence of his implied malice.

As soon as the shooting occurred back in 2003, Spector immediately hired his pre-filing Los Angeles defense attorney. The reason to do so is that a Southern California criminal defense attorney can make the difference between the police immediately gathering all of the evidence and destroying the crime scene, and a representative of the accused being able to begin the process of preparing a strong and capable defense.

Spector was convicted of second degree murder. The crime carries the a penalty of 15 years to life in prison. In order to prove this crime the prosecution must prove that at the time he shot Ms. Clarkson, he knew the dangers of his actions and then proceeded to handle the gun in a manner that was careless as to human life. The standard of proof is very high. The prosecution must prove this crime beyond a reasonable doubt. That is the highest standard there is in any court.

Published on: April 10, 2009

Los Angeles Angels Pitcher Nick Adenhart Killed In Hit And Run DUI Near Los Angeles

by Michael Kraut

Rookie Los Angeles Angels pitcher Nick Adenhart was killed on April 9, 2009 in the early morning hours by a motorist who was driving under the influence of alcohol in Southern California. Adenhart and two other people were killed in Fullerton, California, a suburb of Los Angeles, when a drunk driver broadsided their car. The driver of the Mitsubishi with Adenhart was 20-year-old Courtney Stewart, a student at California State University at Fullerton. The third person killed in that same car was Henry Pearson, a 25-year-old law student who some day wished to be a sports agent. Gallo, so far, has not hired a pre-filing Los Angeles DUI defense attorney who can begin to review the evidence against him and talk to the District Attorney’s Office about alternative charges.

The driver, Andrew Gallo, 22, of San Bernardino ran the red light in the minivan he was driving. according to police sources. This was not Gallo’s first Southern California DUI. Three years ago he was arrested and convicted of driving under the influence. At the time of this accident, Gallo was still on probation for his 2006 San Bernardino DUI. In addition, he was driving on a suspended license. He was caught fleeing on foot 30 minutes after the accident running on the shoulder of the 91 freeway.

The early morning crash happened when Gallo drove through a red light with three times the legal limit of alcohol in his blood. He broadsided the car that Adenhart was in, instantly killing the female driver and one of the passengers. Adenhart and another young man in the car were rushed to the hospital. Adenhart died on the operating table, the lone survivor is in stable condition after undergoing four different surgeries.

The Orange County District Attorney’s Office announced that the 22-year-old Gallo would face three murder counts, one felony count for leaving the scene of an accident involving death or permanent injury, one count of felony DUI with injury, hit and run for leaving the scene of the accident, and a felony count of driving under the influence of alcohol with a blood alcohol level of .08 percent blood causing injury. The total number of years that Gallo can be imprisoned is 55 years to life. California allows for a murder charge to be filed by the prosecution in cases in which the driver drove with conscious disregard of the dangers and someone was killed as a result of an illegal act. This is called a Watson Murder.