Sex Crimes

Published on: April 30, 2012

Why Your Los Angeles Lewd Conduct Charges Are So Scary and Unnerving…

You recently got arrested for lewd conduct in Southern California. Perhaps you were the hapless victim of a police sting operation at a men’s room. Perhaps you face a battery of charges, including other Los Angeles sex crime counts. In any event, you are almost certainly intimidated by your legal challenges – by all the “stuff” that’s gone wrong in your life recently. And you’d like some clarity.

What might you be able to expect? Will you go to jail? Will you, much like Hester Prynne in The Scarlet Letter, be condemned to ostracism for the rest of your life, thanks to the affixation of the “sex offender” label to your name? Will you ever be able to “live down” your charges or “get over” all the trauma associated with the events leading up to and after your arrest?

These are all key questions to think about. And Southern California can treat sex offenders harshly – particularly when they commit violent crimes and/or have a past criminal history (“priors”). A Los Angeles lewd conduct attorney at the Kraut Criminal & DUI Lawyers can provide a free consultation and help you understand and deal with your various legal difficulties. But the challenge of dealing with the anguish of your situation is going to remain for quite some time – and could even remain after you’ve served your punishment and/or exonerated yourself.

Published on: April 23, 2012

Massive Lewd Conduct Arrest in Manhattan Beach – Los Angeles Lewd Conduct Law Firm Reports

by Michael Kraut

Eighteen men were arrested last week on Los Angeles lewd conduct charges, after officers cracked down on activity going on in a Manhattan Beach restroom.

Local lifeguards had noticed men entering the bathroom and remaining inside for a long amount of time. They alerted police that they suspected the public restroom might be a meeting place for sexual activity. According to a Daily News report, men sometimes stayed in the restroom for longer than an hour, and the same people would return often. Lifeguards also found graphic sexual images on restroom walls and holes drilled through stall partitions.

The Manhattan Beach Police Department conducted surveillance of the bathroom and began to make arrests. They also used the web to survey what was being said about the bathroom online. Six police officers went undercover, pretending to be men looking for sexual activity. The sting ultimately resulted in the arrests of 18 suspects, who were slapped a battery of charges including:

Published on: April 16, 2012

Arrested for Lewd Conduct in Los Angeles… and Everyone Thinks You “Did It”

by Michael Kraut

Getting arrested for lewd conduct in Los Angeles can be a harrowing experience.

Yes, getting arrested for any crime in Southern California is scary. You face the specter of jail time, massive fees and fines, insurance related problems, professional reputation issues, logistical headaches, and on and on.

But lewd conduct charges are particularly vexing! Defendants are often “prejudged” by friends, family members, peers, and the community at large. For some reason, getting a lewd conduct charge often feels like being tarred and feathered. First of all, if you are convicted, you may be saddled with the “sex offender” label for decades, if not for a lifetime. You do not need to be reminded about what this negative label can do in terms of restricting where you can live, wreaking havoc on your personal and professional life, and potentially destroying your self-esteem – not to mention teeing you up for massive trouble if you ever break the law again.

Published on: April 11, 2012

Los Angeles Lewd Conduct Update: Teacher in Photo Scandal Denied Bail Reduction

by Michael Kraut

It’s been called one of the most disturbing and high profile cases of Los Angeles lewd conduct in history: 61-year-old Mark Berndt allegedly blindfolded children and then “spoon-fed his semen to them” at his elementary school classroom in Miramonte.

Last month, Berndt pled not guilty to 23 counts of Los Angeles lewd conduct, but the justice system does not seem to be in the mood to give him much leniency. His initial bail – $23 million – remained intact last Wednesday, when a judge denied his request for a reduction. The former teacher was arrested at the end of January following a long investigation (over a year). Investigators discovered 40 photos of children blindfolded with their mouths taped. Some pictures showed cockroaches on these children’s faces. Others showed other remarkably disturbing images.

One of Berndt’s co-workers, 49-year-old Martin Springer, has also been accused of a sexual crime – molesting a female student. In the wake of the revelations about Berndt and Springer, the district fired the entire workforce at the elementary school. Many of teachers’ victims have said that the abuse gave them nightmares.

Published on: July 5, 2010

Ex-Cop Accused of Southern California White Collar Crimes Galore

by Michael Kraut

53-year-old Kevin Michael Sianez was walloped with a 63 charge criminal count last week, including charges of an array of Southern California white collar crimes. Sianez worked for the Stanton Police Department between 1979 and 1986 and operated, more recently, as an unlicensed private investigator. He stands accused of a dazzling array of unsavory deeds. Here are a few of them:

• Operating as a private investigator without being licensed through the California Department of Consumer Affairs Bureau of Security and Investigative Services.
• Lying about his professional credentials online to attract business.
• Intimidating former colleagues who threatened to expose his fraudulent activity.
• Threatening to burn down the house of a woman who threatened to expose his fibs online.
• Posting multiple ads on Craigslist to solicit women to have sex with his Labrador retriever.

Felony charges against Sianez include a dozen counts of using an access card fraudulently, 20 counts of false pretense grand theft, five counts of a felon possessing a firearm (coming from a 1998 felony conviction for stalking), and counts of identity theft, perjury, fraudulent computer access, and illegally possessing ammunition. Among his misdemeanor charges are charges of Southern California white collar crime (aggravated). He is currently being held at $0.5 million bail; if he is convicted of all of those charges, he could serve 30 years behind bars.

When one examines the array of Southern California fraud and white collar criminal charges against Sianez, one charge that definitely leaps out is the accusation that he solicited women to have sex with his dog. This accusation, if true, is absolutely despicable. And it illustrates a problem that many Los Angeles white collar crime defendants have: namely, when you are accused of a crime, you find that you end up getting lumped in (in other people’s minds) with criminals who have done much worse deeds. For instance, say you stand accused of Southern California medical insurance fraud for falsely billing a provider for work you didn’t really do. Many people in their minds will hold you in the same regard as they hold a man who wanted women to have sex with his dog.

All this is to say, to build a coherent and clearheaded defense against charges like Southern California credit card fraud, insurance fraud, and the like, you need adept legal representation.

Published on: August 20, 2009

Los Angeles Dance Instructor for “Dancing With The Stars” Charged With Rape

by Michael Kraut

In April of this year the Los Angeles Police Department arrested Los Angeles sex crimes suspect and Choreographer Alex Da Silva. Da Silva, 41, who has been featured on “So You Think You Can Dance”. The previous arrest resulted in no charges by the Los Angeles District Attorney’s Office. The DA’s Office determined that further investigation and evidence was required. In the mean time, Da Silva hired a top notch Los Angeles criminal defense attorney.

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After four months of dogged work, the LA District Attorney’s Office filed 8 major sex crime felonies against Da Silva. He was arrested at his North Hollywood home. At the time he was originally arrested, Da Silva took the strong and aggressive action of hiring a pre-filing Los Angeles criminal defense attorney to protect his interests. While the case could have been much worse had he not made this decision.

For many years the LAPD had been receiving complaints of sexual assaults by the choreographer. But no charges were ever filed. After numerous woman who did not know each other complained of the same type of activity the prosecution filed the rape charges.

Da Silva has now been re-arrested for allegedly sexually assaulting several of his dance students. The acts charged occurred during the time period of August 2002 and March of 2009. The charges include four counts of forcible rape, two counts of assault with intent to commit rape and two counts of sexual penetration by a foreign object. Da Silva faces decades in prison.

The famous dance instructor is being held on $6.2 million bail and he will be arraigned this Thursday in Van Nuys, California

Published on: January 21, 2009

New Beginning for Los Angeles and Southern California Criminal Law

by Michael Kraut

As we see the beginning of a new President and Vice President for the United States, we will most likely see a new beginning for criminal prosecutions for Los Angeles DUIs and Southern California criminal law.

Already the new administration has claimed that there will be a clamp down on crime. The local administrations have also claimed that they will vigorously prosecute even minor offenses. It will not matter if you are arrested for a Los Angeles DUI, a Long Beach crime, a San Fernando robbery, or a Pasadena DUI, the police will be trying to enforce the law to the fullest. For that reason, it is important to hire a Los Angeles criminal defense attorney who has the experience and knowledge to defend you.

The new emphasis on punishment for minor offenses is going to put regular citizens in a bad position. In the past, judges and prosecutors understood that there is a clear difference between people who are law abiding but who make a mistake, and those who a repeat offenders. Now, even minor offenses are going to punished more severely.

Published on: January 5, 2009

Violent crime down in Los Angeles and Southern California in 2008

by Michael Kraut

In a shift from a decade ago, violent crime in Los Angeles has declined for 6 straight years. Police in this Southern California city are thankful in the decrease. Others worry that the decline will reversed due to the failing economy.

Los Angeles homicides decreased about 5% from the previous year. While that number is not that impressive, the total total drop of 27% in 5 years. Law enforcement claim that the decrease is due to the severe push in gang eradication.

Violent crime has also dropped for other Southern California cities. San Diego saw a slight down turn, while San Bernardino had a 7% decrease, and Orange County also saw a drop in violent crimes

Published on: November 16, 2008

Los Angeles Sheriff’s Department Admits That More Than 5,600 Rape Kits Have Not Been Tested

by Michael Kraut

The Los Angeles County Sheriff’s Department has admitted to the County Board of Supervisors that they have failed to test over 5,600 rape kits with evidence of sexual assaults and other crimes. However, those same officials also state that they are not sure of the total number of kits that have gone untested. The reason they do not know the exact number is that smaller cities and towns contract with the Los Angeles Sheriff’s Department to test their rape kits and they have not reported the number of their untested items. Recently, the LAPD admitted to the failure to test in excess of 7,000 rape kits that they have in their possession.

The real fear is that if the tests have not been completed within 10 years of the date of the crime, then the statute of limitations will expire. After ten years, if the criminal is caught, the State may not prosecute the rapist. Therefore, Sheriff’s Department will give priority to the rape kits that are the oldest.

Many people do not know what are in the rape kits, to clarify the contents, I will explain what is often in these kits. As a former senior District Attorney now defending serious crimes, I have learned that these kits often times contain body fluids, finger nail scrapings, DNA and other items used to identify specific individuals.

Once these items are tested and the suspect is identified, then the evidence from the rape kits will be used in a court to prove the identity of the rapist.

Published on: October 29, 2008

Los Angeles Adds Crime Lab Positions To Process Rape Kit Evidence held by LAPD

by Michael Kraut

The Los Angeles City Council has just concluded hearings on the huge back log of untested rape kits held by the LAPD as part of sexual crimes evidence that the force has collected. These public hearings were all over the local television stations as victims of sex crimes and their advocates shamed the LAPD for the backlog of over 7,300 untested rape kits. In many cases, the statute of limitations has past on these crimes and those that sexually assaulted their victims could not be brought to trial.

After the hearing concluded, the City Council approved the hiring of 16 additional crime lab analysts immediately to process these samples. DNA and other samples taken from rape victims have not been processed. Sarah Tofte, researcher with the US Program at Human Rights Watch, says that the problem is not just with the processing of evidence, but in the investigating and prosecution of rape cases.

Yesterday, Mayor Antonio Villaraigosa, Police Chief William Bratton, and Councilmember Jack Weiss announced that the crime lab would be increased by 30 employees in the next six months. This, they claim, will alleviate the backlog in untested kits.