Los Angeles Criminal Defense Attorney Blog

Published on: March 29, 2009

Superstar Rapper T.I. pleads guilty to weapons charges

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 27, 2009

NFL Star Player Brian Bosworth Arrested For DUI In Los Angeles Neighborhood of Hollywood

by Michael Kraut

This past Friday the famous former football player-turned-actor Brian Bosworth was arrested for a DUI in Los Angeles. He was charged with two misdemeanors. Each count has a penalty of 6 months in jail and a number of other consequences. It was important that once he was arrested with a Los Angeles DUI, he needed to call his Los Angeles DUI defense attorney Michael Kraut.

It is the job of a top notch Southern California DUI defense attorney to attack the evidence that may be amassed against the DUI suspect. Many people do not realize that a first time Los Angeles DUI can have devastating effects. There are many people who think hiring a Southern California DUI defense attorney is not going to help. But of the consequences of jail time, huge fines of over $1000.00 plus penalty assessments, and suspension of a driver’s license, can have ruin a person’s life. In this tough economic times, a good Los Angeles DUI defense attorney can make the difference between a person going to jail and loosing their job, and being found not guilty of the charges. In addition to the above named consequences, a person convicted of these DUI charges can expect to have to enroll in a very expensive alcohol education class, probation for 3 years and sky high insurance rates. When one looks at the real financial consequences of a DUI, a Los Angeles DUI defense attorney can more then pay for their services in time and money saved.n custody, with a maximum 6 months in jail.

The evidence can be fought based upon the breath machine being faulty or out of calibration, the officer’s personal biases, failure to comply with policies or proce,dures, mistakes in the police reports and other evidence problems.

Published on: March 19, 2009

United States Attorney General Announces New Committment To Avoid Prosecuting Medical Marijuana Dispensaries Who Operate Legally in Los Angeles and California

by Michael Kraut

United States Attorney General Eric Holder announced that Federal law enforcement will no longer target medical marijuana dispensaries in California that operate legally. That means that Los Angeles and Southern California medical marijuana defense attorneys will have an upper edge. For the first time in the history of the United States, Federal laws are no longer going to be used to prosecute a drug crime. President Obama announced during his campaign that medical marijuana prosecutions would no longer be a priority under his administration.

The new policy has a direct effect on the 13 states that have legalized marijuana laws. Of those 13, only California allows for medical marijuana dispensaries operate legally. Until now, the Feds have not acknowledged the existence of Proposition 215 enacted by the citizens of California in 1996. Also called the Compassionate Use Act, Prop 215, allows for those with a medical need to have a doctor “recommend” the use of marijuana to relieve symptoms.

Under the newly announced policy, the Federal Government will no longer target those individuals that do not violate state laws on marijuana. In order for a dispensary to be legal under California law, and thus immune from Federal prosecution, they must comply with the California Attorney General August, 2008, announcement of compliance as well as other laws.

A dispensary must seek guidance from a Los Angeles based medical marijuana criminal defense attorney in order to make sure that they are not violate the law. If the dispensary can operate legally, then the Feds will leave them alone.

California Attorney General Jerry Brown’s position is that a medical marijuana dispensary must operate as a nonprofit cooperative. That means the marijuana must be grown by cooperative members to be sold without a profit to other cooperative members. Those members must all have a medical necessity for marijuana to treat their symptoms. The member must have a valid recommendation from a duly licensed doctor. The dispensary must be both licensed and pay taxes on its sales as well as provide security for the facility. There are dozens of other requirements that must be put in place prior to a person opening a legal dispensary.

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.

Published on: January 23, 2009

Medical Marijuana Dispensary License Revoked in Northern California, Is Los Angeles Medical Marijuana Next?

by Michael Kraut

The Northern California city of Alameda has revoked the license of a medical marijuana dispensary which has operated lawfully for several months. The owner of the Purple Elephant contests the revocation and believes that he is being harassed. Los Angeles medical marijuana dispensaries will need to hire a Los Angeles Medical Marijuana defense attorney in order to keep the scrutiny of their legitimate business at bay from the Federal Government which has stated that it will fully prosecute those that sell marijuana.

The Alameda City Manager sent the revocation letter because she believed that the owner of the dispensary had failed to disclose the true nature of his business on the license application. Additionally, the City Manager claims that the owner of the Purple Elephant did not obtain the required zoning clearance for the dispensary before opening. The owner has sought an appeal of the revocation. While the appeal is pending, the dispensary is allowed to remain open.

It is important for those that frequent Los Angeles medical marijuana dispensaries, or Southern California medical marijuana dispensaries, that it is still legal to use medical pot pursuant to proposition 215. This section was codified under Health and Safety Code 11362.5. This section states that a person may use medical marijuana if they have a doctor’s recommendation that they have a medical condition. The code also states that a person may cultivate pot for their own personal consumption as long as they do not sell it. Even though it is still legal under State law, the Federal Government has stated that it will fully enforce the Federal laws in United States District Court. That means that people who use marijuana need to keep in contact with a Los Angeles medical marijuana attorney to protect their interests.

Published on: January 22, 2009

Shia LaBoef Looses Driver’s License After Los Angeles DUI

by Michael Kraut

Super star actor Shia LaBoef was previously arrested for a DUI in Southern California in July of 2008. He immediately hired a pre-filing Los Angeles DUI criminal defense attorney who was able to meet with local law enforcement and prosecutors. These actions by his Southern California criminal defense attorney benefited the Transformers star. After initially stating that he would face DUI charges, the Los Angeles Sheriff’s Department stated that there was insufficient evidence to file criminal charges.

However, the California Department of Motor Vehicles still had jurisdiction to take action against his driver’s license pursuant to Vehicle Code Section 133532. Because he refused to take a breathalyzer test, the DMV filed a Los Angeles DUI refusal charge and his license was suspended for one year.

Many people do not know that when the the police have a reasonable suspension that a crime has been committed and that there was a DUI for drugs or a DUI because alcohol might have been involved they may demand that you take a chemical test to determine if you were under the influence at the time you were driving.

If you refuse, then the DMV will suspend your license for one year. There is no possibility for a restricted license. It dos not matter if the prosecutor decides that there is not enough evidence to file criminal charges, the DMV still will suspend your license. A Los Angeles DUI defense attorney from the Kraut Law Group Criminal & DUI Lawyers, Inc. may be able to attack the refusal on several grounds. If, after a hearing , the DMV believes that in fact there was not a “valid” refusal, then your license will not be suspended. It is very important to immediately hire a Southern California DUI defense attorney who practices Los Angeles DUI, Pasadena DUI, and San Fernando Valley DUI law. There are complicated motions that can be filed that may protect your license. Some people thing that a private DUI attorney may cost a lot. However, in many cases, the cost of the private Los Angeles DUI attorney will be offset by the money saved by winning your case. Even a reduction of fees and costs or a plea to a lesser charge will more then pay for the attorney in money saved.