Los Angeles Criminal Defense Attorney Blog

Published on: October 7, 2009

Mel Gibson’s Los Angeles DUI Arrest Expunged

Most people remember Mel Gibson’s 2006 ranting anti-semitic remarks during his Los Angeles DUI arrest. After pleading guilty early in the proceedings, he was convicted of driving under the influence. Since that time. Mr. Gibson plead guilty, paid all of fines, and successfully completing his Los Angeles DUI education course.

Recently, his Los Angeles DUI defense attorney filed a motion to expunge his criminal record. The law allows a person to file a complicated motion to remove their criminal record once they have successfully completed all of the terms of probation.

A California expungement actually creates a situation in which the previous guilty judgment that resulted in a criminal record, is withdrawn, and the case is dismissed.

California allows expungements in cases in which a person was not sentenced to prison or given a suspended prison sentence. If all the terms of probation are completed in a successful manner, then a Los Angeles expungement attorney can file and argue the motion.

If the court grants the motion then the person can honestly say that they have not been convicted of a crime. However, there are some consequences that remain even though the person’s record is cleaned. The conviction will still be used as a prior if the person is convicted of another offense. In terms of Mel Gibson, while his conviction was withdrawn and the case was dismissed, if he is charged with another Los Angeles DUI within 10 years, then the previous conviction will be used to enhance his punishment.

Published on: September 16, 2009

Dr. Conrad Murray Will Likely Be Charged in the Michael Jackson Case Which is to be Presented to the Los Angeles District Attorney’s Office

by Michael Kraut

Police investigators in the Michael Jackson case are almost ready to present their case to the Los Angeles County District Attorney’s Office for a formal felony criminal filing. Sources within law enforcement are focusing their sights on Dr. Conrad Murray. As of the date of this blog post, Dr. Murray is reportedly the only target of the investigation.

Dr. Conrad Murray has been implicated in the death of the pop star by infusing Michael Jackson with Propofol, a very potent anesthetic drug, to help him sleep.

This blogger’s sources indicate that the the Los Angeles Police Department had been consulting with the Deputy District Attorney’s from the Target Crimes Division since shortly after the pop star’s death. Only recently did the case get transferred to the Major Crimes Division for felony filing consideration. This is the group that prosecuted OJ Simpson and other famous people.

The LADA is not the only government agency investigating the death of Michael Jackson. California State Attorney General Jerry Brown has announced that he will be reviewing the prescriptions written to the pop star to see if there were any violations of law. It is illegal to write a prescription for a person in a name other then the patient’s true name. Many of the pill bottles seized from the Jackson compound on June 25, 2009, the date that Jackson died, had fake names.

Published on: September 2, 2009

Warrant Issued For the Arrest of Bobby Brown…Is He in Los Angeles?

by Michael Kraut

Celebrity singer and husband to Whitney Houston is wanted for a warrant issued by a judge. Some people think that he is hiding in Los Angeles, California. A Massachusetts judge issued a warrant for the arrest of Bobby Brown after he failed to pay child support. Brown was previously ordered to pay $45,000 in child support to the two teenager children he has from a previous relationship with his former girlfriend, Kim Ward.

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The law surrounding warrants in Massachusetts is almost identical to a Los Angeles bench warrant. There are two different ways in which a bench warrant can be issued for the arrest of a person. The first is if a person is wanted for a crime. The judge will issue an arrest warrant. Once that is issued then law enforcement will arrest you and take you into custody. The second way a warrant can be issued is if you were supposed to be in court, or were ordered to do something by a judge and you failed to perform satisfactorily.

A warrant should be cleared as soon as you become aware of one being issued. Otherwise, you might not be able to get the best result on a case. In Los Angeles, a warrant while on probation could harm your chances to have your case expunged after you have completed a grant of probation.

A Los Angeles bench warrant attorney is be able to assist you in getting the warrant recalled and quashed as well as able to help you get a Los Angeles expungement.

Published on: August 24, 2009

Los Angeles Death of Michael Jackson Ruled a Homicide

by Michael Kraut

The Los Angeles County Coroner released the autopsy results in the Michael Jackson case. They ruled that the pop star’s death was a result of a “homicide”. From the very beginning, leading Los Angeles criminal defense attorneys were indicating that the death must first be determined to be a homicide before any criminal case could proceed.

As stated in the autopsy report, the death was the result of “lethal levels” of the powerful anesthetic Propofol. This information was released in a search warrant affidavit that was unsealed today in Houston, Texas. For weeks, there had been speculation that the Coroner already had the results but was asked to delay the release until the criminal investigation could unfold.

From the beginning, Dr.Conrad Murray has been the focus of the violent crimes investigation. As recently as last week he placed a video of himself on Youtube with an explanation of some of his actions.

Dr. Murray had been Jackson’s personal physician for most of the last year. It has been leaked from the investigation that Murry told Los Angeles Police Department detectives the had been treating Jackson for insomnia for approximately 6 weeks before his death. He admitted that he had given Jackson 50 Milligrams of Propofol, also known as Diprovan, by intravenous drip.

Police reports indicate that Dr. Murray had administered several drugs, other then propofol, throughout the night. These drugs, according to Dr. Murray, did not have their intended result and finally at 10:40 AM he administered 25 milligrams of Propofol to Jackson. Dr. Murray claims that he monitored Jackson while he was on the drug and left his bedside for 2 minutes to go to the bathroom.

Police reports indicate a far different set of facts. According to police documents, Dr, Murray left Michael Jackson alone for significant periods of time while he called his office in Houston. It was during this time that Jackson stopped breathing and Dr. Murray began CPR to attempt to resuscitate Jackson. Jackson was rushed to the hospital where he was later pronounced dead. Within Dr. Murray’s medical bag officials found Propfol, as well as other drugs.

In order for the Los Angeles County District Attorney’s Office to file involuntary manslaughter charges, they will need to show that the standard of care by Dr. Murray fell well below the acceptable and appropriate actions for a reasonable person in his situation. One of the factors that the prosecution may be considering is the warning label of the drug. Manufacturers of Propofol indicate that the drug should be used only by licensed anesthetists and in a hospital setting so as to be able to intubate the patient if necessary. Here that was not done.

It is expected that charges will be perused in this case against Dr. Murray as well as some of the other treating physicians.

Published on: August 23, 2009

Southern California Reality Star Murderer Kills Himself In A Real Way

by Michael Kraut

Ryan Jenkins, the reality star whose slight brush with fame on television, killed himself after Southern California prosecutors filed murder charges for the death of his ex-wife. Just over one week ago the body of Jasmine Fiore had been found in a dumpster in Buena Park, California. The body had been mutilated with her hands and teeth removed. Then the rest of the body was stuffed into a suitcase and placed in a dumpster A well known top-notch Southern California criminal defense attorney indicated that by removing certain body parts, murder suspects are often able to slow down the identification of a victim. The slower the identification, the more time for escape.

This time there was a slight twist in the identification. While Fiore’s limbs and teeth were removed, investigators were able to identify the decedent by the serial numbers on her breast implants. The quick identification resulted in the police naming Jenkins as a suspect before he could even leave his Southern California crime scene.

According to police experts, Jenkins was seen in an SUV heading north towards Canada pulling a boat. A few days later the boat was known to have left the United States and had docked in British Columbia.

Jenkins’ body was found in the motel room where he had been hiding. He killed himself by hanging. This, after Orange County officials had filed murder charges against him for the violent crime of murder in the death of Fiore.

Jenkins, who had wished for stardom and fame found that he had become a celebrity outlaw, rather then the reality star that he wanted to be on VH1’s “Megan Wants A Millionaire.”

Published on: August 21, 2009

Los Angeles Reality Star is Sought by Police for Murder in Buena Park

by Michael Kraut

Three days after a former model’s body was found stuffed in a small carry-on suitcase, the facts are beginning to appear more clear. Jasmine Fiore, 28, an aspiring real estate agent and former model was found dead as a result of murder……the person of interest, her former husband. The purported suspect, Ryan Jenkins, was a two time reality star who always wanted attention and the limelight. Now, he has suddenly disappeared and is in need of a Los Angeles criminal defense lawyer. All of the facts are not yet known. What is clear is that the Jenkins and Fiore had a brief, but stormy relationship.

Fiore and Jenkins were last seen at a poker game in San Diego. On Saturday, Jenkins reported missing to the Los Angeles County Sheriff’s Department. Shortly thereafter he disappeared completely off the face of the earth. Based upon circumstantial evidence, Jenkins should seek the advice of a pre-filing Los Angeles criminal defense attorney.

They met in March of this year in Las Vegas, spent two days together and then got a Vegas “quickie” marriage. Things apparently did not last too long. After arguing constantly, Fiore filed for an annulment from the marriage. That stormy marriage resulted in a criminal filing of domestic violence against Jenkins. Jenkins was charged with misdemeanor battery. He was scheduled to go on trial this December for the violent crimes he committed against her.

Jenkins also had a criminal charge in his home country of Canada. In January 2007, he was given probation for an assault charge.

The victim’s mother indicated that Fiore and Jenkins had been fighting recently over her past boyfriends. Apparently, he was jealous of the fact that Fiore had always remained good friends with people that she had previously dated.

Jenkins was just beginning his new career of attempting to become a reality star. He had just appeared on three episodes of “Megan Wants a Millionaire.” He was identified as a wealthy investment banker bachelor on the series. However, now he has disappeared
Preliminary results show that Fiore was murdered by strangulation. The final autopsy report is pending and until it is released, the cause of death is officially undetermined.

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: August 17, 2009

Los Angeles White-Collar Crimes About to Be Charged Against UBS Clients in the United States

by Michael Kraut

One of the first criminal prosecutions arising out of the settlement between the United States and the Swiss bank UBS, the second largest wealth manager, has just occurred in Los Angeles this week. The Federal government had sued the Swiss bank in order to gain access to the names of Americans who had participated in Los Angeles white-collar crimes by not disclosing assets as a well as tax evasion.

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The prosecution of Malibu resident, John McCarthy, occurred after UBS disclosed 250 names of U.S. residents who had illegally transferred money out of the country and hid the money at the Swiss bank. The Feds filed the lawsuit in order to compel UBS to turn over the names of 52,000 Americans who were suspected of hiding in excess of $13 billion of money and other assets. Because of the number of names that are sought for possible prosecution, and the extent of possible criminal charges, it is important to hire a pre-filing Los Angeles criminal defense attorney. A top-notch criminal defense attorney will be able to counsel his client on the best way to either comply with the law, or get amnesty for previous improper acts.

The settlement reached with Swiss banking authorities resulted in UBS paying $780 million in fines and turned over 250 U.S. names and information concerning those, and other individuals that used the banks services. Based upon this information, McCarthy was charged with tax evasion and secreting assets into the Swiss bank without disclosing those assets. Prosecution of these white-collar crimes in Los Angeles and Southern California are increasing as the Feds come close to the end of an amnesty period that ends on September 23, 2009
White-collar prosecutors will aggressively seek cases against those who do not come clean before that fateful date. McCarthy faces up to 5 years in prison and $250,000 in fines, and full restitution. He will appear in a Los Angeles court on September 14, 2009.

Published on: August 14, 2009

California Supreme Court Now Allows Los Angeles DUI Defense Attorneys to Contest the Validity of a Breathalyzer

by Michael Kraut

The California Supreme Court has given the go ahead to Los Angeles DUI defense attorneys to question the reliability of breathalyzers used in Southern California DUI arrests. The case, California v. Neal, was decided by the justices. This new ruling now allows top notch Los Angeles criminal defense attorneys to question the actual reliability of this test. For too long the common breathalyzer has been seen to be pretty much infallible by courts. This new ruling will allow the jury to hear from experts presented by the defense which will raise doubts as to the validity of the test.

Upon arrest, most police agencies take the Los Angeles DUI suspect to a police station and require a sample of either blood or breath. Now, the breath test results can be aggressively attacked.

It is extremely important if you are arrested in Southern California for driving under the influence that you immediately hire a pre-filing DUI defense attorney. That attorney can bring facts to the attention of the prosecutor which may lessen the potential charges. After the Supreme Court’s decision, a Pasadena DUI which resulted from a breathalyzer test can be attacked by an attorney.

Published on: August 11, 2009

Michael Douglas’ Son Arrested for Drugs Which Could Have Ramifications for the Family in Los Angeles

by Michael Kraut

Michael Douglas’ son, Cameron Douglas, was in a Federal courthouse when his girlfriend attempted to smuggle drugs to the actor’s son. This past Monday Kelly Sott visited her boyfriend at the courthouse. During the visit she was caught trying to smuggle the young Douglas heroin. As soon as she was caught for her drug crime, she should have immediately hired a Los Angeles drug crime defense attorney. One of the most important things that can happen when an arrest or an investigation begins is to hire a pre-filing defense attorney that can represent a suspect early on in the proceedings.

Cameron Douglas was in the court facing Federal charges for a meth bust. Sott was arrested when she attempted to pass him an electric toothbrush filled with dime bags of the deadly drug.

In California, as in most states, it is illegal to pass a narcotics to a prisoner. The result, prison for the convicted felon.