Punishment

Published on: April 8, 2009

Los Angeles Clippers Forward Zach Randolph arrested for DUI in Los Angeles

Los Angeles DUIs seem to be on the increase in the sports world. Zach Randolph of the Los Angeles Clippers was arrested in Southern California after he was observed swerving on the 405 highway. He was released on $5,000.00 bond and will have to appear in court to face charges at a later date. The consequences of his DUI could result in the lose of his job. Most sports franchises have a “moral clause” which allows management to fine or terminate a player for poor choices including a Los Angeles DUI.

While most people don’t have to worry about a morals clause and the potential of loosing a multi-million dollar contract, they do have to worry about loosing their jobs due to a DUI. For that reason it is important to hire a Los Angeles DUI defense attorney as soon there is an arrest for driving under the influence in Southern California.

Modern technology and computers have increased an employer’s ability to locate a DUI conviction. The result can be either an immediate termination or a refusal to hire. Because of those tough job actions, people need to fight their DUI cases more then ever. An excellent DUI defense attorney can make the difference between a conviction, and the prosecution having to dismiss the charges because they cannot prove the case.

Published on: April 3, 2009

Los Angeles DUI arrests are on the rise in Southern California

by Michael Kraut

Driving under the influence arrests are significantly on the increase during the past year. In this troubled economy city and State budgets are being balanced on the backs of both the young and old who drink and drive. For that reason it is important that the first thing to do after an arrest is to immediately contact a Los Angeles DUI defense attorney who handles driving under the influence cases in Southern California.

The risks to career, paycheck, bank account and harm to the future by having a criminal records are immense. Often times DUI arrestees believe that a well trained Los Angeles DUI defense attorney costs money. But the truth is, failing to hire an attorney could result in more sever costs in the long run. For example, if your DUI defense attorney is able to lower the charges and plead your case down to a “wet reckless”, the fines are significantly lower then a full DUI. The alcohol awareness course is shorter in duration, thus saving you more money, and in many cases your insurance premium may not go sky high. Thereby, your Los Angeles DUI defense attorney may have paid for himself by the reduced fines and costs.

Published on: April 1, 2009

Hermosa Beach DUI By Fireman Results In Reversal Of Job Loss

by Michael Kraut

A Los Angeles judge allowed a Hermosa firefighter to return to work after he reversed a Civil Service Commission ruling. The judge found that Sheldon Osekowsky, a 22 year veteran firefighter, was improperly fired a Southern California DUI. In 2006 he had been arrested and plead guilty to driving under the influence, a criminal charge. At that time his license was suspended for a year and the Fire Department removed him his position as a driver of fire equipment. After 10 months in a different position at the Hermosa Fire Department, he was summarily fired.

Osekowsky fought the decision all the way through the Los Angeles Civil Service Commission. The Commission ruled against the fireman. It was not clear if the fireman attempted to fight his charges with a Los Angeles or Southern California DUI defense attorney. A well trained Los Angeles DUI attorney can attack the evidence and procedures used by law enforcement. In some cases, fighting the charges can result in a not guilty finding. In many cases,if a person is found not guilty of the DUI charges, he or she will not result in a person loosing their job, pension, driver’s license, and not having to pay the huge fines and fees that are mandated by the courts.

The case was then taken to Superior Court where Judge James Chalfant reversed the Commission’s ruling and reinstated the fireman. The case then went back to the Commission to decide what punishment, short of termination, was going to be imposed. The Commission may impose a 30 day suspension.

Published on: March 31, 2009

Lindsay Lohan’s Los Angeles DUI Arrest Warrant Quashed By The Beverly Hills Judge

by Michael Kraut

The judge in the Lindsay Lohan Southern California DUI case was given incorrect information resulting in an arrest warrant for her arrest. Judge Marsha Revel was not given all of the information when she signed the warrant. The Los Angeles DUI defense attorney immediately went into court and corrected the error.

When a person is arrested and convicted for driving under the influence in Southern California (DUI), they will be placed on probation for a period of between 3 and 5 years. During that time person will need to comply will all of the strict terms and conditions. If there is a violation, then the person could serve up to 6 months in jail. Judges usually do not impose the full amount of jail time until there are so many violations that they give up on the Los Angeles DUI suspect.

Lohan’s DUI problems began back in May, 2007, when she was pulled over and arrested for her second Beverly Hills DUI. Along witht he DUI arrest, she was also charged with cocaine possession. That charge is a felony, but for a first time offender a top notch drug defense attorney will usually be able to get their clients into a formal drug diversion program.

Published on: March 29, 2009

Superstar Rapper T.I. pleads guilty to weapons charges

by Michael Kraut

After two years of investigation, rapper T.I. plead guilty and was sentenced to just over one year in prison. T.I., whose given name is Clifford Harris, was charged with three felony counts after he was arrested as he received machine guns equipped with silencers.

Originally, he pleaded not guilty. When his attorneys informed him that he could face 10 years in prison for each count, he changed his mind. He plead in October but sentencing was continued to this past Friday, March 27, 2009. During the several months between conviction and sentencing, TI has performed over 1000 hours of community service and completed his reality series.

He will soon turn himself in to prison the face the sentence that he agrees to take. It is important that if a person is arrested or charged with a weapons charge, that a top notch Los Angeles and Southern California weapons defense attorney is contacted right away. Waiting until the charges have been filed or until the first court date can be too late gather evidence to convince the prosecution not to file criminal charges.

Published on: March 18, 2009

Los Angeles Celebrity Anna Nicole Smith’s Lawyer and Two Doctors charged With Southern California Drug Crimes

by Michael Kraut

The Los Angeles based psychiatrist for Anna Nicole Smith surrendered herself to the Los Angeles Police Department on March 16, 2009, to face felony charges. Khristine Eroshevich, 61, turned herself in at the Van Nuys jail early in the morning in an attempt to avoid the press. He bail was set at $20,000.

Ana Nicole Smith’s psychiatrist was not the only person charged by local authorities. Smith’s boyfriend and former attorney, Howard Stern, as well as another of the celebrity’s doctors, Sandeep Kapoor, were charged with unlawfully prescribing a controlled substance and conspiracy to commit the crime of prescribing, administering and dispensing controlled substances to an addict. The charges were filed by both the Los Angeles District Attorney’s Office and the Office of the California Attorney General. Now that they are all similarly charged, it is important for the three of them to hire a Los Angeles drug crime attorney who handles Southern California drug crimes.

The doctors were also charged with obtaining a prescription by giving a false name or address and doing so by fraud, deceit or misrepresentation. These charges stem from the use of a false name on the prescription in violation of California law. Their Southern California criminal defense attorneys claim that they used a false name in order to protect Ms. Smith from the media.

Stern and Kapoor both turned them themselves in earlier and all three are expected to be arraigned on May 13, 2009. Both of of the crimes are considered moral turpitude crimes, ie: showing poor moral character, all they stand to loose their professional licensees.

Published on: March 2, 2009

Chris Brown and Rihanna Reunite in Los Angeles. Will Chris Brown Face Criminal Charges?

by Michael Kraut

After Chris Brown and Rihanna had their violent encounter on February 8, 2009, in Los Angeles, things may be changing. Initial reports emerged that Rihanna had received a text page that enraged Chris Brown to the point that he became exceptionally violent with the pop star in the Los Angeles Hollywood suburb of Handcock Park earlier this month. News reports are now circulating that the two have reunited as a couple. It is now up to his Los Angeles domestic violence defense attorney to attempt to lower the charges, or have the case thrown out completely.

New organizations are beginning to report that because the two have been seen together, then Chris Brown will not face criminal charges. That cannot be further from the truth. Domestic violence is like no other crime prosecuted in Los Angeles. In almost 80-90% of the cases, the victim and the assailant get back together. The fact that a couple reunite after a violent episode does not mean that the prosecution is powerless to prosecute the crimes that had occurred. In almost all cases a victim in a domestic violence case will refuse to testify or will minimize what actually occurred during the criminal incident. Because the prosecution is aware of these facts, they almost always demand that the police or other investigatory agency, tape record the statements of the victim. That way the victim can be impeached on the witness stand if they “go backwards” on the statements they previously made.

The result to Chris Brown will be most likely seen in the punishment that he receives. He will most likely still be prosecuted for the crime, but if Rihanna tells the court that she was the aggressor or that Chris Brown was merely defending himself from her attack, then the prosecution could decide to drop any charges that they might be considering. If they still decide to prosecute then a top notch Southern California criminal defense attorney would be able to argue that the facts indicate that it was a case of mutual combat, or that Chris Brown was defending himself. If that were to occur then the prosecution would most likely not file criminal charges.

Published on: February 9, 2009

Chris Brown in Jail for Threatening and beating Rihanna in Los Angeles

by Michael Kraut

Early Sunday morning the day that she was supposed to perform at the Grammys, pop star Rihanna was was seen crying and shaken after she and Chris Brown had an altercation in the quiet neighborhood of Hancock Park in Los Angeles.

Police would not identify the woman in the domestic violence incident due to the laws of confidentiality. While Brown made his $50,000 bail, he immediately hired a pre-filing Los Angeles criminal defense attorney to represent his best interests. As often happens in domestic violence cases, the police choose one side and then seek the evidence that will support that position. If all facts are true, Chris Brown could face 9 years in state prison.

Los Angeles Domestic violence is a serious crime. In order for the prosecution to convict him of domestic violence, they must prove that Brown was in a relationship with Rihanna, or that they have children in common, or live together in a sexual relationship. Next they must prove that Brown inflicted a traumatic injury and that he did so not as an act of self defense.

Police will spend a lot of time talking to Rihanna early during the investigation. They will get as many statements from her and her friends and witnesses because as time goes on, most domestic violence victims will become less and less cooperative and many will refuse to testify against suspects in these cases. So the police secretly tape record these statements to later use in court.

Published on: January 28, 2009

Los Angeles Stanford Law Grad Pleads Guilty to Tax Evasion for For Failing to Declare Escort Money

by Michael Kraut

A Los Angeles woman plead guilty to tax evasion after denying and shifting blame for 5 years with Federal prosecutors. Cristina Warthen, 35, admitted she failed to pay income tax on money she earned while running an escort service while she was attending Standford Law School.

She will be sentenced in June, however, it has already been determined that she will pay the IRS over $300,000 and could face a fine that could be as high as $100,000. She will also be ordered to spend one year on home confinement and three years of probation. It is clear that her Los Angeles white collar defense attorney was top notch. If she had been convicted of all of the charges, she could have served many years in Federal prison. Now she will be ordered to send a year in home confinement in a home she shares with her husband, and Ask.com founder, David Warthen.

Because she was being charged with a Los Angeles white collar crime, asset forfeiture laws were triggered at the time law enforcement found substantial cash hidden in her residence. Asset forfeiture laws were enacted to make sure that ill gotten money and property does not remain in the hands of those charged and eventually convicted of a crime.

Newspaper articles in the 80’s were replete with stories of assets that were seized in drug related cases. Soon thereafter, law enforcement began to expand the powerful tool. Items that are commonly seized include cash, cars, houses, property, and in one case a race horse.

Once the property is taken by the Government, it must be maintained. That means that the asset cannot loose its value because of anything the Government does with it. If the Government looses the criminal case, then the asset must be returned to the person or company from which it was taken. In the case of the race horse taken, it was given back almost immediately because the Government would have been responsible for making sure that the horse was fed, trained and cared for like it was at the owners stable.

That forfeiture complaint had said Schultz operated an interstate prostitution business since at least August 2001 — three months after earning her Stanford Law School degree — by charging as much as $1,300 for two hours, $5,000 for overnight and $15,000 for three days to serve clients in the Bay Area, Los Angeles, Washington, D.C., New York City, Chicago and Seattle. Her own April 2003 posting to an escort-reviews Web site had said that when she finished her law degree, she “owed over 300 thousand in loans and hated the prospect of being a lawyer for the next twenty yrs.”(sic)

A federal judge dismissed the civil forfeiture action in 2006 as Warthen and the government reached a secret settlement. Prosecutors filed the tax evasion charge against Warthen in September.

Published on: January 25, 2009

Los Angeles Welfare Fraud Conviction Result in Serious Consequences

by Michael Kraut

Three people, who were previously arrested for Welfare Fraud in the Southern California area around Los Angeles called Antelope Valley, have not been convicted and sentenced to serious time in custody. They were represented by a Los Angeles welfare fraud defense attorney who worked very hard to prevent the individuals from spending decades in prison for stealing from the welfare fraud system. Due to the exhaustive work of the attorneys, these people will serve little to no additional time in custody.

Authorities have stated that the individuals took enough money and benefits that they were not entitled to and used some of the money to purchase a very expensive house. They were convicted of welfare fraud and Los Angeles grand theft. In most cases those that commit a Southern California welfare fraud will be charged under the California Welfare and Institutions Code Section `0980(c)(2). In addition, most cases the fraud are committed by filing false documents under oath, a perjury charge will also be filed pursuant to Penal Code Section 118
Kim Johnson, James Earl Brown and Jacqueline Hervey, were all arrested in a one of the Counties largest fraud busts in recent history. These three individuals were convicted of stealing money from the Los Angeles Housing Authority, the Social Security Administration and the Home Social Services program. In total, over $400,000 was stolen.

It has become much more prevalent for those involved in welfare fraud to also file false claims for Section 8 funds. In this case, the three were able to accumulate over $100,000 in Section 8 funds in violation of the law. The heavy in the case, Johnson, was sentenced to 4 years in prison
In most cases, welfare fraud is committed by the filing of false documents with social service agencies which are responsible for dispersing large sums of money and other benefits to welfare recipients. The recipient commonly makes false statements as to assets in his or her possession, incorrectly declares the number of children in a household, makes false statements concerning whether they have other income being earned, and in some cases, the recipient claims they are the care givers for incapacitated persons and will be paid for those services, when in fact they are no doing so, or the person does not even exist.

The statute of limitations is 5 years from either the date the crime occurred, or when the fraud was discovered. The punishment for each count can be 5 years of state prison, parole or probation, full restitution for all of the monies illegally taken, the cost of investigating the crime by the State and law enforcement, a complete bar from every being able to collect social services again, and finally, being labeled for life as a criminal.