Recent Blog Posts in November 2009

When seeking legal representation, cost is always an important concern. 

There are numerous factors a criminal defense attorney considers when charging a fee. 

First, is it a felony or a misdemeanor ?  Felonies are more serious crimes, generally carry greater penalties (i.e., incarceration) and are certainly less attractive on one’s rap sheet.

Second, what court has the case been assigned to?  Whereas some distant counties may cost more strictly due to travel time, some attorneys may also charge a higher fee to go to a court in which they have never appeared or simply dislike. 

Third, what type of charge is involved?  Is it a DUI, Hit and Run, Theft, Assault, Domestic Violence, Drug Offense, etc?  Some charges are more complex and time-consuming.  Additionally, some attorneys are more experienced, and thus more comfortable, handling certain types of cases.

Lastly, is the case likely to go to trial?  Most criminal cases do not proceed to trial, but rather are resolved by way of various dispositions, other than trial.  Nonetheless, reaching such a disposition may require 1, 2 or 20 appearances…the more appearances, the greater the cost.

These are but a few of the many factors an attorney must consider when quoting a fee.                      

A 45-year-old Garden Grove man was recently sentenced in the Orange County Superior Court to 6 years in state prison after pleading guilty to vehicular  manslaughter with gross negligence, driving while intoxicated and other criminal charges.      

The sentence resulted from an April 2009 incident in which the man ran down two men who were in the process of changing a tire on the shoulder of the I-5 freeway near the Harbor Boulevard off ramp in Anaheim.  The man lost control of his truck while trying to exit the freeway and struck both men, ages 23 and 21, at an estimated speed of 55 mph.

The 23-year-old victim died at the scene while his cousin, the 21-year-old victim, sustained fractures to his skull and jaw.

The driver showed obvious signs of intoxication when contacted by police and, two hours after the accident, his blood alcohol level was determined to be 0.15.                    

A 39-year-old Tustin man was sentenced this month to 14 years in state prison for sexually assaulting five women. 

The man, a car mechanic for Econo Lube and Tune, was convicted in August via jury trial of felony rape and assault with the intent to commit rape as well as multiple misdemeanor charges of sexual battery and battery.  

According to the case prosecutor, on each occasion in 2007, the mechanic lured the women, ages 18 to 60, into the service bay at his Garden Grove workplace to discuss with them the repairs needed to be performed on their vehicles.  Once in the bay, however, he assaulted them. 

Among the charges were allegations the man: sexually assaulted one woman after pushing her into an oil pan, licked and bit one woman on the ear while holding her around the waist, held one woman against a wall while pressing his body into her and fondled the breasts of yet another woman.  Two of the women reported the incidents to police and the three additional women came forward after hearing about the man’s arrest on the news.          

A 16-year-old boy from Ontario is facing charges of evading arrest, reckless driving, carrying a concealed firearm as a member of a criminal street gang and actively belonging to a criminal street gang, after leading police on a high speed chase through Orange County.

According to reports, when Placentia police attempted to stop the vehicle for minor traffic violations, including a burnt-out brake light, the driver sped up.  A chase, reaching speeds of 80 mph and involving the Placentia, Anaheim and Fullerton police departments, ensued. 

The chase ended at the Fullerton/Placentia border after the 18-year-old passenger from Santa Ana jumped from the SUV and tried to flee on foot.  The driver remained in the vehicle and tried to again drive away when police approached. 

Both suspects were apprehended and a gun was seized from the ground near where the passenger bailed out.  The passenger, however, was later released after prosecutors declined to press charges.   

Additionally, several members of the crowd assembled at the scene were arrested for resisting police. 

Authorities suspect the incident is related to an incident occurring the week prior, wherein insults were exchanged between rival Placentia and Fullerton gang members at a local park.          

A 29-year-old Fullerton woman was sentenced to six years in state prison after pleading guilty in October to two felony counts of vehicular manslaughter by unlawful act with gross negligence while intoxicated.  

The conviction was the result of a January 12, 2008 single car accident which killed the  woman's boyfriend and 2-year-old daughter, both passengers in the vehicle.  
According to reports, the woman was high on methamphetamine, falling asleep at the wheel and speeding.  As she exited the 91 Freeway in Fullerton, she lost control, drove through a fence and hit a utility pole.

Her boyfriend and daughter suffered fatal head injuries. 

Former heavyweight champion Mike Tyson was arrested last week on charges of misdemeanor battery.  The incident stemmed from an altercation between Tyson and a media photographer at the Los Angeles Airport.  Tyson's blow knocked the photographer to the ground and left him with a cut to the forehead.  

Tyson, however, who was with his wife and 10-month old child at the time, claims he was merely acting in self-defense, and defense of his child, after being attacked by the the photographer. 

Both men were booked and released and both want charges pressed against the other. 

While the photographer's name and history remains a mystery, Tyson's past troubles with the law, including charges of domestic violence, drug use and rape, as well as his public displays of uncontrolled anger and ear-biting, have been well-publicized.    

Has Tyson's infamous temper struck again or is this just another all too familiar case of paparazzi stalking?  We'll have to let the evidence speak for itself.