Recent Blog Posts in 2009

The still-as-yet-apprehended bank robber, whose use of a blue note during his first known heist earned him the nickname “The Blue Note Bandit", is suspected of having committed a recent robbery at a Wells Fargo bank in Lake Forest.  According to authorities, if this is in fact the work of the same man, it brings his total bank robbery count to 9.  His robberies are believed to have targeted banks throughout Orange County, including the cities of Costa Mesa, Tustin, Irvine and Laguna Hills.

Consistent with his modus operandi, the man is said to have handed a note to the teller during the latest robbery.  This time, however, he also informed the teller he had a gun, though, no weapon was brandished.

A reward has been offered by the bank for information leading to his arrest.    

Federal conspiracy charges have been filed against a man purporting to own and operate a university in Fullerton.  According to reports, ICE authorities believe the man created the allegedly fictitious school simply to serve as a front for student visa fraud. 

An almost year-long investigation revealed a student roster of over 300 students, however, only a few class schedules were able to be produced.  The investigation further revealed students rarely attended classes, if at all, and the presence of teachers at the school was non-existent.  The man also allegedly staged a fake graduation ceremony in order to keep up the ruse. 

Based upon the statements of over 30 students arrested and interviewed in connection with the investigation, the man is said to have collected anywhere from $600 to $10,000 from each individual student in exchange for, not an education, but rather documentation needed to obtain a visa.   Overall, it is estimated the man received in excess of $400,000 as a result of the scam.  He faces 5 years in prison if convicted.             

A 29-year-old San Jose man has pled guilty in the Orange County Superior Court to multiple felony charges of oral copulation with a minor and attempted oral copulation of a minor under 16.

According to reports, while working as a youth pastor at a Rancho Santa Margarita church in 2005 and 2006, the man engaged in a sexual relationship with a 16-year-old female parishioner.  He also sent sexually explicit text messages to the girl’s 15-year-old relative.     

A man who pled guilty in the Orange County Superior Court to attempted murder was sentenced to 5 years in state prison.

The case stemmed from a 2004 incident in Huntington Beach wherein an argument between three men over marijuana sales led to one man sustaining a gunshot wound from a small-caliber firearm.  Although, the victim was initially uncooperative, Huntington Beach police persisted in the investigation, including conducting surveillance and executing search warrants, and three years later succeeded in arresting the two suspects. 

The second suspect was convicted by a jury of attempted murder, assault with a deadly weapon, use of a firearm, possession of a loaded/concealed firearm as well as gang and weapon enhancements.  He is expected to be sentenced next month.          

Santa Ana police, responding to a report of a stabbing, found two juvenile boys at the scene, one of whom had been stabbed in the upper torso.  Both minors claimed they were assaulted by three unidentified males in a black car. 

The boys, however, matched the description of two suspects wanted for robbing a man at knifepoint just 25 minutes earlier.  Further investigation led to both juveniles being identified by the robbery victim. 

According to reports, one boy was arrested and booked into Orange County Juvenile Hall while the other was taken to the hospital and treated for minor wounds.      

An 82-year-old Seal Beach woman was knocked down, sustaining minor injuries, and her purse was stolen while in front of a CVS pharmacy last Sunday.  Witnesses called police and took down the perpetrator’s license plate number.  

The robbery suspect, a 21-year-old Long Beach man, was later arrested by Cypress, Los Alamitos and Seal Beach police officers driving what was later determined to be a stolen vehicle.

The man faces possible charges of robbery with an included enhancement for robbing the elderly, possession of stolen property as well as auto theft.    

Four Orange County men were arrested after police found approximately 1000 pounds of marijuana in homes and warehouses in Tustin and Santa Ana.The bust came after an anonymous tip and subsequent surveillance led police, including Tustin, Santa Ana and Newport Beach Police Departments as well as the Orange County Auto Theft Task force, to search the locations.  The marijuana, which consisted of both marijuana plants and processed marijuana, is said to have an estimated street value of 1 million dollars.  Drug paraphernalia, handguns, assault rifles, a shotgun and military-style gear were also seized during the searches. 

Police departments throughout Orange County will be upping the number of DUI checkpoints this holiday season, and in 2010, thanks to recent state grants totaling over $400,000. 

This increase in sobriety checkpoints is part of a statewide effort to target drunk drivers as well as people with outstanding warrants and suspended licenses.  According to reports, in order to obtain the money, cities must agree to execute at least one checkpoint per month and otherwise increase efforts to combat drinking and driving during the Christmas-New Year holiday and Labor Day weekend.  Costa Mesa, Fullerton, Irvine, Orange and Westminster are among several Orange County cities on board to participate.

While over 200,000 DUI arrests were made last year, Orange County ranked high in the number of alcohol-related accidents involving death or injury.  In fact, Santa Ana ranked 5^th highest in this category among California’s largest cities.      

Trial is underway at the Santa Ana Courthouse in the case of a former CHP lieutenant accused of attempted lewd act with a child under 14. 

According to prosecutors, in 2006, the defendant sent sexually explicit Internet chat room messages to an undercover officer, whom he believed was a 13-year-old girl, and then drove 45 minutes to meet the girl at a park in Laguna Beach.  He was arrested as a part of a sting operation orchestrated by PervertedJustice.com.

The defense attorney claims a not guilty verdict should be rendered because the defendant did not have the intent to engage in a sexual act with a child.  Prosecutors, however, argued intent was present in the fact the defendant arrived at the park with numerous condoms. 

If convicted, the defendant may receive up to four years in prison and be required to register as a sex offender for life.   

A 22-year-old Orange County man, convicted of felony vehicular manslaughter with gross negligence while intoxicated, was sentenced to six years in state prison. 

A jury found the man guilty of the charges which resulted in the 2007 death of a 14-year-old boy riding his bike.  According to prosecutors, at the time of the accident, the man was driving under the influence of Xanax and Vicodin as well as texting on his cell phone.

The man’s sentence also included a three year term of parole, $28,000 in restitution and a three year revocation of his driver’s license.        

ORANGE COUNTY BILLIONAIRE’S SON WAS RECENTLY CONVICTED IN THE LOS ANGELES SUPERIOR COURT OF DISTURBING THE PEACE AND ORDERED TO UNDERGO DRUG AND DOMESTIC VIOLENCE COUNSELING.

IT IS REPORTED THE MAN WAS ORIGINALLY CHARGED WITH DOMESTIC VIOLENCE, DISSUADING A WITNESS AND POSSESSION OF DRUGS WITHOUT A PRESCRIPTION.  THE FIRST TWO COUNTS WERE DISMISSED, HOWEVER, AND HE WAS PERMITTED TO PLEAD TO THE REDUCED CHARGE OF DISTURBING THE PEACE WITH THE CONDITION HE COMPLETE THE COUNSELING.  THE DRUG CHARGE MAY ALSO BE DISMISSED PURSUANT TO A DEFERRED ENTRY OF JUDGEMENT.  THE MAN WAS PLACED ON 3 YEARS OF INFORMAL PROBATION AND FINED APPROXIMATELY $1000 AS WELL.  HIS DISTURBING THE PEACE CONVICTION CAN BE REDUCED TO AN INFRACTION UPON SUCCESSFUL COMPLETION OF THE 52-WEEK DOMESTIC VIOLENCE COUNSELING. 

COURT RECORDS REFLECT THE MAN WAS PREVIOUSLY CHARGED IN 1996 FOR DOMESTIC VIOLENCE AND THIS CASE WAS DISMISSED THREE YEARS LATER. 

The Orange County District Attorney’s Office has charged a 20-year-old Yorba Linda man with the rape of three women, two of whom he met on MySpace. 

According to reports, within a span of three weeks in early 2009, the man met and arranged dates with two women on MySpace and then sexually assaulted each woman at the time of meeting.  The first woman was allegedly raped after she became intoxicated at a party in La Habra while the second woman was allegedly raped by intoxication at a hotel in Newport Beach. 

An ex-girlfriend came forward during the investigation and alleged the man repeatedly raped her between 2006 and 2007 as well.

The man, who also faces felony charges of residential burglary and receiving stolen property in a separate case, remains in custody.  His case is being heard at the North Justice Center in Fullerton. 

ONE MISSION VIEJO MAN AND FOUR LOS ANGELES MEN HAVE BEEN CHARGED IN THE ORANGE COUNTY SUPERIOR COURT IN CONNECTION WITH THE RECENT HOME INVASION ROBBERY IN NEWPORT COAST.

THREE OF THE MEN HAVE BEEN TAKEN INTO CUSTODY WHILE WARRANTS HAVE BEEN ISSUED FOR THE REMAINING TWO.  THE CHARGES INCLUDE FELONY CONSPIRACY TO COMMIT ROBBERY, FELONY KIDNAPPING TO COMMIT ROBBERY, FIRST DEGREE ROBBERY IN CONCERT AND FELONY ASSAULT WITH A FIREARM.    

ACCORDING TO REPORTS, FOUR OF THE ROBBERS ENTERED THE HOME WHILE THE FIFTH WAITED OUTSIDE IN THE GETAWAY CAR.  ONCE INSIDE, THE MEN TIED UP AND PISTOL-WHIPPED GUESTS BEFORE ROBBING THEM OF WATCHES, WALLETS, CELL PHONES, CASH AND OTHER VALUABLE ITEMS.     

An Orange County jury found 22-year-old former Marine Elijah Ferguson guilty of 2^nd degree murder in the death of Dr. Michael Sein.  The conviction, which also included charges of driving under the influence causing injury and driving with a blood alcohol of 0.08 percent or more causing injury in connection with injuries suffered by Dr. Sein’s wife, came almost two years after the Newport Beach accident.   

According to prosecutors, on the night of the incident, Ferguson was playing drinking games with fellow Marines at Camp Pendleton.  He became so intoxicated the others took his cars keys in an attempt to prevent him from driving.  Ferguson, however, ordered a lower-ranking Marine to give him back his keys so that he could go home to his wife who had threatened to divorce him and leave with his son.

Ferguson, whose blood alcohol level at the time of the crash was 0.15-0.16, rammed into the back of Dr. Sein’s idling Aston Martin at more than 75mph. 

Prosecutors opted to charge Ferguson with 2^nd degree murder, rather than vehicular manslaughter, arguing he was particularly aware of the dangers to human life created by driving while intoxicated yet did so anyway.  His defense attorney, however, claimed Ferguson suffered from post-traumatic stress syndrome and was too traumatized by his combat experience in Iraq, to comprehend the Marine lectures warning about the dangers of drinking and driving.        

Ferguson is set to be sentenced next month in the Santa Ana courthouse.  He faces a maximum sentence of 21 years to life. 

A 39-year-old Riverside man pled guilty Wednesday to misdemeanor vehicular manslaughter by unlawful act without gross negligence and misdemeanor possession of marijuana while driving in relation to a December 2008 accident on the 55 Freeway in Orange which killed a two-year-old girl. 

According to reports, the man’s truck crashed into the rear end of the victims’ SUV, at an estimated speed of 55 to 65 mph, after a car immediately ahead of the SUV blew a tire and stopped in the lane.  The girl’s father and 3-month-old brother suffered only minor injuries.  The girl, however, died at the hospital of blunt force trauma to the head and chest.    

Orange County prosecutors explained the man, who was not under the influence at the time of the crash, was charged with misdemeanor vehicular manslaughter because the incident lacked the presence of “gross negligence”, necessary to justify a felony charge.

The man was sentenced to 3 years probation, 300 hours of community service through MADD and had his license suspended for 18 months.   

The United States Supreme Court recently heard arguments concerning the Miranda warning and the nature of one’s right to an attorney.

The issue centers on a case involving a Florida man convicted of possession of a firearm.  At the time of his interrogation, the man signed a written waiver of rights which included the phrase “You have the right to talk to a lawyer before answering any of our questions.  If you cannot afford to hire a lawyer, one will be appointed for you without cost and before any questioning.  You have the right to use any of these rights at any time you want during this interview.”  The man subsequently confessed to buying the gun on the street for protection.    

At the heart of the defendant’s argument is the assertion he was of the belief he no longer had the right to an attorney and/or to have an attorney in the interrogation room once the questioning began.  The lower court ruled in his favor and overturned the conviction, finding the police did not adequately make clear to the defendant he had the right to have an attorney with him during questioning. 

By all accounts, it appears Justices Breyer and Sotomayor may be leaning toward upholding the lower court’s ruling, questioning the clarity of the advisement given to the defendant.  Justice Scalia, however, is not so convinced likening the defendant’s argument to “angels dancing on the head of a pin.” 

This case is but one of three Miranda warning cases currently before the court.  It is anticipated rulings in these matters will be handed down next year.

Miranda rights resulted from the 1963 case of Ernesto Miranda who was convicted of kidnap and rape after confessing to police.  In 1966, the United States Supreme Court ruled the confession could not be used as evidence against him because he had not been advised of his rights.

Former Hyundai executive and Irvine resident Youn Bum Lee was sentenced to nine years in prison for the 2005 alcohol-related hit and run that killed a 23-year-old Huntington Beach motorcyclist.

Lee pled guilty to vehicular manslaughter while intoxicated with an included sentencing enhancement for fleeing the scene.  According to reports, at the time of the accident, Lee was driving drunk without lights on the 55 Freeway in Santa Ana after leaving a company party in Garden Grove.  He lost control of his car and struck the victim in the carpool lane before crashing into the center divider. 

Lee fled the scene, abandoned the vehicle at his office in Fountain Valley and, less than 24 hours later, boarded a plane to South Korea.  He was captured in Seoul and extradited back to Orange County in December 2008.  

Paul Smith, a 49-year-old Long Beach man, facing charges of murder and torture for the 1988 stabbing death of his high school friend, was recently indicted in the Orange County Superior Court on additional charges of conspiring to assault a witness and a police detective in the homicide case.  Smith’s girlfriend was also charged in connection with the attempted assault.   

Smith was linked earlier this year to the 1988 slaying of Robert Haugen through DNA evidence entered into the national database after Smith’s 2007 domestic violence arrest in Nevada.  According to published reports, while in custody, he attempted to hire a man to assault the witness and the detective.  The man, however, turned out to be an undercover detective.

Smith is alleged to have stabbed Haugen multiple times, nearly decapitating him, before setting the body on fire.  His original indictment included a charge of special circumstance murder making him eligible for the death penalty.  With these new allegations, he now stands accused of conspiracy to commit assault, attempted assault and two felony counts of solicitation to commit assault as well.      

The United States Court of Appeals recently upheld a sentence imposing a lifetime term of supervision for a convicted pedophile.

The case, which stemmed from a law enforcement sting designed to target adults using the Internet to solicit sexual acts with minors, involved a man charged with “traveling with the intent to engage in a sexual act with a juvenile.”  The defense argued the defendant did not intend to engage in sex acts with a juvenile, but rather, intended only to engage in role-playing with an adult female pretending to be a child.  The defendant, however, was convicted and sentenced to a five year term with five years of supervised release.    

The conviction was subsequently overturned due to the improper admission of evidence.  At retrial, the defendant was again convicted.  This time, though, the court imposed a sentence of lifetime supervised release.  The defendant appealed this harsher sentence claiming it was a vindictive sentence which should be reversed in favor of the original five year term of supervised release. 

On review, the U.S. Court of Appeals upheld the sentence finding such a sentence is not vindictive when “grounded in evidence and designed to protect the public.”  In outlining their decision, the court stated:

“To be vindictive and thus impermissible, a sentence must be designed to punish the individual for exercising a protected statutory or constitutional right.  Also, there must be a reasonable likelihood that the sentence was the product of actual vindictiveness.” 

In considering the present case, the appellate court found these circumstances did not exist given 1) the prosecution sought the same sentence in both trials, 2) the defendant, a magician with access to minors, was likely to reoffend, and 3) the trial court found his defense to be disingenuous.  Thus, the trial court was proper in imposing the sentence.

News reports suggest Tiger Woods may have been driving under the influence at the time of his recent car accident. 

According to an unnamed witness, Woods was drinking alcohol earlier in the day and also has prescriptions for both Ambien and Vicodin.  The witness is believed to be the same individual who pulled Woods from his wrecked vehicle.  Police attempted to obtain Woods’ medical records to confirm the information, however, lacked sufficient evidence to attain the necessary subpoena.

Speculations persist that the single-car accident, in which Woods hit a fire hydrant and a tree in the early morning hours of November 27, 2009, stemmed from a dispute between Woods and his wife.  Despite ongoing rumors, however, no charges of domestic violence have been, or are expected to be, filed against either party.  Rather, authorities cited Woods for “careless driving”, imposed a fine of $164 and closed the case.             

When charged with any violation of criminal law, including theft, DUI, hit and run, reckless driving, shoplifting, assault and battery, domestic violence, robbery, burglary, vehicular manslaughter, a drug offense, a sex offense or a weapon offense, it is crucial to discuss with prospective defense attorneys the extent of his/her criminal jury trial experience.

This information is important even if the client does not intend to proceed to trial in that an attorney can only analyze the strengths and/or weaknesses of a particular case effectively if he/she has tried cases in front of a jury and knows the likely chances of success with various defenses. 

All experienced criminal defense attorneys have seen young, inexperienced lawyers improperly negotiating cases with prosecutors.  Prosecutors, particularly those assigned to felonies, are generally experienced trial attorneys so, when an inexperienced attorney attempts to put forward a defense that is extremely vulnerable, and the prosecutors knows it through experience, little can be gained for the client.    

An attorney cannot effectively advise a criminal defendant without having the proper experience at every phase of the criminal justice system, including the trial stage.  Again, experienced attorneys often see inexperienced lawyers instruct clients to plead guilty when a good defense exists or talk clients into trial on an unwinnable case. 

There is no substitute for experience.            

According to a November 2009 decision by the California Court of Appeals, a pursuing police officer is not required to be behind the suspect’s vehicle in order to justify a conviction of evading a police officer under Vehicle Code Section 2800.2.

In the case at issue, the defendant, driving on a highway, crashed into a car driven by an off-duty officer and failed to stop after the accident.  The officer reported the accident to police dispatch and followed the defendant’s vehicle.  The defendant eventually exited the highway and proceeded to drive the wrong way down a one-way street.  At this time, an on-duty patrol officer observed the traffic violation, turned on his lights and sirens and attempted to stop the defendant by using his vehicle to block an intersection ahead of the defendant.  The defendant, however, cleared the intersection and continued to violate numerous traffic laws.  Ultimately, the defendant was arrested and charged in violation of Vehicle Code Section 2800.2-Evading a Police Officer.  He was found guilty by a jury and sentenced, in part, to a four year term. 

Vehicle Code Section 2800.2 states “if a driver flees a pursuing officer and the pursued vehicle is driven in a willful or wanton disregard for safety, the driver shall be punished by imprisonment.”  In challenging his conviction, the defendant argued it was necessary that the “pursuing” officer be behind him in order to justify a conviction under Section 2800.2.  The Court, however, interpreted the statute’s word “pursue” to include “the concept of overtaking for capture”, thus, does not require an officer to be behind the suspect.  That is, the pursuit was commenced when the officer activated his lights and sirens and blocked the intersection regardless of whether or not he was behind the defendant’s vehicle. 

Despite this finding, the Court reversed the defendant’s conviction concluding the four year prison term should have been stayed.        

Two Orange County men were arrested on suspicion of armed robbery and accessory to armed robbery. The arrests stemmed from the recent late night robberies of three liquor stores, two in Fullerton and one in La Habra.

Suspect Gibney, age 20, was arrested at gun point at the scene of the last robbery in La Habra.  He was in possession of a handgun and approximately $200.00 cash.  Suspect Edwards, age 25, was apprehended the next day following a canvass of the La Habra crime scene area.  Edwards, whose vehicle contained close to $400.00 in suspected stolen monies, is believed to be the getaway driver.

The importance of hiring a criminal defense attorney who is thoroughly familiar with the local court system cannot be stressed enough. 

In retaining counsel for a petty theft, DUI, hit and run, assault and battery, domestic violence, drug charge, probation violation or any other criminal offense, his or her knowledge of the local court system is vital.  There is an old criminal law expression: “Not only is every courthouse different, but every courtroom in every courthouse is different everyday!”  Although this may be a little extreme, there is more than a grain of truth in it.

On any given day, courtrooms are closed, judges are moved and cases are transferred.  Without up-to-date knowledge of the judges as well as the assigned prosecutors, a criminal defense attorney cannot expect to know the actual exposure his client may face. 

In order to determine the best course of action for a criminal defendant, the criminal attorney must know how each particular court in each courthouse may treat alternate sentencing, treatment programs and the like.                 

An unidentified Hispanic man linked to hotel burglaries in both Orange County and Los Angeles County remains at large.    

The man, whose image was captured on surveillance video from the Hotel Ménage in Anaheim, is suspected of stealing laptops, an iPhone, jewelry and over $45,000.00 in cash from hotel rooms and other venues. 

According to reports, the man poses as a member of a large group staying at the hotel and convinces hotel employees to provide him room keys.  His heists have involved posing as one of 30 salsa musicians staying at the Greek Theater in Los Angeles as well as a member of the Mexican soccer team staying at the Los Angeles Marriott. 

The con man is also believed to have stolen items belonging to an Israeli basketball team from the locker room at the Staples Center and a Salvadorian soccer team staying at a hotel in Utah.