What Is Aiding and Abetting?

March 24, 2020 3:20 pm Published by
Aiding and abetting is a legal theory as to how prosecutors can capture additional suspects in a criminal case, beyond the principal actor. For instance, in a bar fight, two people attack two other people and one person hits someone with a bottle, cutting their eye. The man is charged with assault with a deadly weapon. His friend, who fought along with him, is charged with the same, as an… Continure reading

Illegal Car Search Defense in Criminal Cases

February 26, 2020 4:57 pm Published by
The police derive a lot of cases from searching people’s cars and one big trick that they have is they’ll pull you over.  They’ll order you out of the car for officer’s safety and then they’ll claim they have to go back in the car to search the car for your driver’s license, your insurance information, your car registration.  That just pretty much gives them a free search of the… Continure reading

Use of Excessive Force by a Police Officer

February 10, 2020 5:26 pm Published by
Excessive force an interesting concept because the way I use it in criminal defense is, as a defense to certain crimes that my client is charged with.  For example, resisting arrest, battery on a police officer (CALCRIM 945). Some of these other charges that the police drum-up once they rough somebody up and the person either fights back or they don’t fight back, the police are just putting a crime… Continure reading

Consequences of Auto Insurance Fraud in California

January 27, 2020 5:26 pm Published by
This is an interesting area of the law and it’s usually where insurance companies feel like they are going to have to pay out money or they’ve already paid out money on some auto insurance claim that they don’t think is either fair or they think the person is attempting to pull a fast one on them and get money for something that’s not a legitimate accident or not a… Continure reading

How Long Does It Take to Resolve a Criminal Case in Van Nuys Court?

January 23, 2020 3:22 pm Published by
I’ve been practicing now in the Van Nuys courthouse for over 25 years, handled hundreds of criminal cases there and I have a pretty good feel for the time frame of most cases.  Once I sit down with the client and get all the information related to the case, I can usually give you a pretty good idea of how long the case will take to resolve itself. Misdemeanor Cases… Continure reading

Consequences of a Joyriding Conviction

January 20, 2020 3:50 pm Published by
Joyriding, also known as taking an owner’s vehicle without their consent, can have serious consequences.  You used to be subject to potentially three years in prison, but now since Governor Brown has changed the prison and county jail system, a conviction for the theft crime of joy-riding would not expose you to prison. The crime of joyriding is defined under California Vehicle Code 10851. Rather, it would instead expose you… Continure reading

Common Defenses in California Theft Crime Cases

January 13, 2020 4:25 pm Published by
One defense, obviously, is that you’re not the person who stole whatever it is that is claiming to have been stolen and the prosecutors do not have the evidence to prove that you are. So, that would be more of an identification-type issue as it related to a theft crime offense.  Another one is, and I’ve seen this theft at either supermarkets, stores in the mall, high-priced places like big… Continure reading

Consequences of a Carjacking Conviction

January 8, 2020 7:37 pm Published by
Carjacking is a very similar crime to robbery.  In fact, a carjacking is a robbery.  Carjacking is defined under California Penal Code 215. I think the legislature just go more specific in these cases because people were specifically, and still are, targeting high-dollar cars, to take away from people by either force, fear, the use of a weapon or threat. So, the legislature has gotten real specific about calling it… Continure reading

What are the Consequences of a Robbery Conviction?

January 6, 2020 3:23 pm Published by
If you don’t know, robbery has been declared a strike pursuant to the California Three Strikes Law and the legislature of California.  It is characterized as a violent felony because usually somebody’s doing something violent during the robbery, whether it be using force or fear to take somebody’s property away. California Penal Code 211 describes the crime of robbery, which is considered a type of theft crime offense. Most times… Continure reading

Domestic Violence as a Felony or Misdemeanor

December 6, 2019 2:41 pm Published by
The dividing line between felony and misdemeanors as it relates to domestic violence-related offenses is important, because obviously, nobody wants to get hit with a felony, because if you get charged with a felony in a domestic violence case you’re looking at prison time, loss of weapons, loss of the ability to vote. There’s all sorts of bad things that flow from a felony.  Plus, when somebody runs your criminal… Continure reading