Archives : California Criminal Defense Attorney

White Collar Crime – Former Illinois Governor Corruption Case

If you are accused of federal public corruption, this is considered a serious crime. Public officials are especially held to a higher standard. When someone in public office is accused or arrested for public corruption while serving, the consequences are severe. You may be removed from office and face impeachment as well as face federal prison time and fines if you are convicted. It is also a crime under Title 18, United States Code, Section 1001, for someone to lie to federal government agents which includes knowingly and willfully making any materially false,   fictitious or fraudulent statement or representation or lying regarding about any matter within the jurisdiction of the executive, legislative or judicial branch of the United States. Many times innocent people are unaware that they may have committed a public corruption crime and/or they might get caught up in the sweep of a government investigation for corruption. The government takes these crimes serious and prosecutes them vigorously. Judges also hand down strict sentences. These matters should not be taken lightly.

Case Example

The recent trial and a conviction of former Governor of Illinois Rod R. Blagojevich is an example of a public official misusing power and participating in acts of political corruption. Blagojevich was found guilty, of which he was sentenced on December 8, 2011 in U.S. District Court by Judge James Zagel, to 14 years on 18 counts for public corruption. Although Blagojevich apologized and made a plea for leniency, his sentence was the second longest ever sentence in a federal court in Chicago for public corruption. The judge’s message for such a harsh sentence was that Blagojevich had a history of corruption while serving as Governor of the State of Illinois, including the discussion between the Governor and an aide for attempting to sell Obama’s senate seat and obtaining a $300,000 a year job from the Service Employees International Union for naming a candidate to fill the vacant seat after Obama was elected President of the United States, for illegal shakedowns for campaign cash and lying to federal agents. The judge stated that he believed Blagojevich had caused “…damage to the fabric of the State of Illinois… which cannot be easily repaired.”

Blagojevich’s claimed he was innocent, that his legal counsel never stopped him from committing any illegal actions and that he never intended there to be a “quid pro quo for the Senate seat.” Blagojevich was the first Governor of Illinois to be impeached and involuntarily removed from office. He is expected to start serving his sentence on March 15, 2012. His predecessor Governor George Ryan was also found guilty of public corruption and sentenced to a 6 ½ year prison term.  Under federal sentencing guidelines and rules, Blagojevich won’t be eligible for release until 2024, at which time he will be 67 years old.

Attorney Representation

While receiving political campaign contributions is legal, “depriving the public of honest service” is illegal. When there is evidence that a public official tries to seek something of value in return for an official action, that can be considered a public corruption offense. If you are suspected of political corruption or public corruption or you have been arrested for such an offense, it is imperative that you hire a white collar criminal defense attorney immediately to develop a legal strategy to defend you. What you say and do can have lasting and profound effect on your case, so before you speak to investigators, you should consult with your legal counsel. The attorney can assert your first amendment rights and other defenses to either prevent charges from being filed against you, get your case dismissed or get your charges reduced to a lesser charge by having you plea acceptance of responsibility or a plea for leniency.

Sources

http://www.nytimes.com/2011/12/18/us/blagojevich-lawyers-seek-hearing-on-possible-misconduct-by-jury-forewoman.html?_r=1

http://www.nytimes.com/2008/12/16/us/politics/16legal.html

http://www.chicagotribune.com/news/local/ct-met-blagojevich-sentencing-1208-20111208,0,3665362.story

http://www.chicagotribune.com/news/local/ct-met-blagojevich-sentencing-1208-20111208,0,3665362.story

http://www.myfoxchicago.com/dpp/news/metro/rod_blagojevich/rod-blagojevich-serve-prison-colorado-englewood-request-family-governor-20120215

Imhoff & Associates Secures Release of Wrongfully Convicted Client Luis Galicia and Dismissal of Child Molestation Case

San Diego (California) – Defense Attorney Shannon Dorvall of the Imhoff & Associates Law Firm, one of the largest multi-jurisdictional criminal defense firms, escorted her client Luis Galicia into the arms of his loving family upon his release after successfully getting her client’s case dismissed by the First District Court of Appeals on November 23, 2011. Luis served four years after a trial court convicted him for sexual molestation of his sister Araceli Galicia. At the original trial, the state’s doctor testified that she believed that Araceli had been forcibly raped, despite the testimony of the doctor for the defense, who stated he disagreed with the state’s evidence. Even though Araceli recanted her testimony and said that the charges were not true, the trial jury convicted Luis Galicia, and the sentence handed down was two 15 to life sentences.

The family hired the Imhoff firm to file an appeal on Luis’ behalf. While awaiting the Judge’s response in the appeal case, the family took Araceli to two doctors who examined her and disagreed with the state’s doctor, both stating that Araceli’s hymen was intact and that she had never had sex. The Imhoff firm also filed a Writ of Habeas Corpus on Luis Galicia’s behalf with the First District Court of Appeals, who agreed to order a hearing, and the Imhoff firm was also successful in obtaining the cooperation of the San Diego District Attorney’s Office to review the new medical evidence. The District Attorney agreed to have the Children’s Hospital also review the trial photos and examine the girl, and they agreed also that she had never had sex. The District Attorney testified at the hearing that the trial evidence was nonsense. The Judge ordered the case dismissed and the release of Mr. Galicia.

The Imhoff firm believes that no family should have to endure the ordeal that the Galicia family has gone through. Unfortunately, innocent people can be accused of all sorts of crimes they have not committed. If a person is arrested or charged with a sex crime, these are serious charges and can ruin a person’s reputation and life as well as destroy their family’s lives. Imhoff & Associates believes in justice and that all persons are innocent until proved otherwise. That is why the Imhoff legal defense team vigorously defends their clients by specializing in the most innovative legal services defense strategies and treats their clients with the utmost dignity and respect.  The firm’s outstanding and skilled defense attorneys work diligently and creatively to offer the highest level of service to our clients and uphold the principles and standards upon which this firm was founded by providing service to clients with members of the firm available 24/7.

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Visit www.criminalattorney.com or dial 888-726-0574 to schedule an appointment today.

Myrtle Beach Felony Crimes -Bomb Threats and Making False Statements

Myrtle Beach South Carolina takes bomb threats and making false statements about explosive devices seriously. Under South Carolina Code Statute 16-23-750, you could be charged with a Class D or E felony when such threat constitutes threatening to kill, injure or intimidate individuals or damage and destroy property by using or threatening to use an explosive device or incendiary device. In South Carolina, there is no statute of limitations for any felony offenses. You can be arrested and tried and convicted at any time during or after the incident has occurred. Terrorist threat charges and convictions can result in fines; jail time of not less than 1 year or more than 15 years as well as courts may order anger management and violence prevention classes for individuals convicted of such crimes.

Case Example:

Saturday night, November 12, 2011, police shut down and evacuated Wal-Mart’s in Horry County, including the Wal-Mart in Myrtle Beach when Horry County Police said a caller using a phone booth along 544, told a 911 operator that they had left a bomb in a Wal-Mart store that might go off at 9 p.m., but did not disclose the exact location. Since the threat involved all of the super centers located on the Grand Strand and neighboring Myrtle Beach area police evacuated both the Wal-Mart in Carolina Forest off highway 501 and the Wal-Mart on Seaboard St. in Myrtle Beach. Police reported that they did not find a bomb in either location.  It is not the first time that Wal-Mart has had bomb threats made against it. Police are continuing their investigation to find out who made such a prank call. Police consider this type of threat a high felony offense with serious consequences.

Attorney Assistance

If you are charged with making a bomb threat or giving false information about an explosive device, you are facing serious felony charges in South Carolina and require the assistance of an experienced criminal defense attorney. A South Carolina criminal defense attorney can help in presenting all the facts of your case. The attorney will also investigate whether your rights were violated during police interrogation, whether you were given your Miranda Rights, and whether the police conducted any illegal search and seizure during your arrest. The attorney may also be able to help get your charges reduced, dismissed, or obtain probation, community service or attending of anger management or violence prevention classes.

Sources:

http://www.associatedcontent.com/article/9145703/bomb_scare_temporarily_closes_area.html?cat=8

http://www.thetandd.com/news/opinion/article_aaee4316-f8ff-11e0-8baa-001cc4c03286.html#ixzz1dmevlsAp

http://www.judicial.state.sc.us/summaryCourtBenchBook/HTML/OffensesF.htm

http://www.carolinalive.com/news/story.aspx?id=685986

http://statutes.laws.com/south-carolina/title-1

Lindsay Lohan’s Ex-Lover, Samantha Ronson, Arrested For A DUI

In California, you could be charged with a misdemeanor DUI under Vehicle Code Section 23152 or a DUI felony under Vehicle Code Section 23153 if you are driving under the influence and cause an accident and injure another person. For more serious crimes involving the death of another person while driving a vehicle under the influence, you should be charged with vehicular manslaughter under Vehicle Code Sections 191.5 and 192. California has very complex DUI penalties and takes DUI crimes quite seriously. Penalties are enhanced for prior driving convictions, when a minor child under 14 years of age is in the car at the time of the violation, when speeding occurs, when your BAC is over .08% or you refuse to take the chemical test.

Penalties

For a first offense DUI with a BAC over .08%, your driver’s license may be suspended for four months at the time of your arrest or up to one year if you refuse to take a chemical test. If you are under 21 years of age with a BAC of .01% or more, your license will be suspended automatically for one year. For a second offense DUI conviction, you could receive a one year suspension of your license and a two year suspension if you receive to take a chemical test. You could face jail sentences from 96 hours to three years and fines up to $1,600, and also be required to complete a driving under the influence program, and have to pay for the installation of an Ignition Interlock Device (IID) in your vehicle, as well as being required to obtain SR22 (California Proof of Insurance Certificate) car insurance.  A conviction of three or more DUI’s within 10 years and a BAC of .08% or more is considered a felony crime.

Example Case

Actress Lindsay Lohan’s ex-lover, Samantha Ronson, was arrested for a DUI on Monday August 1, 2011, around 10:30 a.m. in Baker, California.  Police officers stopped her for speeding because she was driving 19 miles over the posted speed limit of 70 miles per hour. Police suspected after she was pulled over that she was under the influence. She was given a balance test which revealed indications of intoxication. Police arrested Ronson after she refused a breathalyzer test.  It has been reported that at the police station she tested over the legal limit. Ronson did admit she had been drinking alcohol earlier, and claimed that she had been drinking late the previous evening and that she was on her way home from Las Vegas. She was released on Monday. Lohan has also been in the news the past couple year’s over her drug, alcohol and shoplifting cases.
If you are arrested in California for DUI, you should hire a California criminal defense attorney immediately. The attorney can investigate the police report to make sure the police had cause to stop you, and determine whether they have sufficient evidence to charge you. The attorney can argue that the search and seizure was illegal and try and get the case dismissed. Also, if the police failed to properly give you your Miranda rights, the attorney may be able to argue that your constitutional rights were violated and get the charges dropped. Another defense that the attorney may assert is that you were speeding. A skilled California criminal defense attorney may be able to get you probation or get you into a drug and alcohol counseling and treatment program in lieu of jail time.

Queens of the Stone Age Nick Oliveri Being Questioned on Domestic Violence

California Domestic Violence

Under California law, domestic violence incidents involve the corporate injury or trauma to a current spouse, former spouse, domestic partner, co-parent of a child, girlfriend, boyfriend, fiancée or someone you are dating by either striking the person violently or causing bruising or swelling. You could either be charged under California Penal Code Section 273.5 with a felony domestic violence or a misdemeanor battery under Penal Code Section 243(e)(1), if there is no visible sign of injuries. Penal Code Section 422 also considers threatening someone with the intent to commit harm against them as a crime as well. California police have the authority to arrest offenders who violate restraining orders under Penal Code 836. However, the district attorneys are not required to prosecute offenders. As a result, victims may be at a higher risk of experiencing repeat incidents of domestic violence by their ex-domestic partner, person they have had an intimidate experience or dating experience with.

Penalties and Fines

If you are convicted of domestic violence charges in California, you could face a minimum of 30 days in the county jail or mandatory attendance of a batter’s class for a first time misdemeanor, or one to four years in the state prison and a fine up to $6,000 or both for a felony domestic violence charge. Immigrants convicted of domestic violence will automatically be deported. Having a domestic violence charge on your record may prevent you from obtaining a job or a government college loan or other financial assistance.

Case Example

Nick Oliveri, the bassist and singer with Queens of the Stone Age, was arrested on Tuesday July 12, 2011, at his Hollywood, California home for domestic violence after a five hour standoff with the LAPD SWAT team. According to the police, Oliveri and his girlfriend got into an argument on Monday. Oliveri left the scene before police arrived and returned to his home on Tuesday. Police were afraid that he might have taken his girlfriend hostage, but she left the home around 8:30 p.m. on Tuesday evening. Oliveri was taken into police custody around 10:30 p.m. on Tuesday evening after LAPD knocked on his door. Investigators are checking into what went on at the house and whether Oliver was under the influence of narcotics.
California domestic violence/domestic battery charges are serious. If you are arrested for either, you should contact a California criminal defense attorney immediately to represent you. The attorney can argue defenses such as self-defense, defense of others or accident in order to get your charges reduced to a lesser crime, get you probation or attendance of a batter’s class or get the charges dismissed.

53-yr Old Women Arrested for Vandalism; Could Face Hate Crime Charges

Under Penal Code Section 422.55, California hate crimes are criminal acts or attempted criminal acts committed against an individual or group based upon race, color, religion, ancestry, national origin, sexual orientation, gender or a disability. A hate crime in California can be charged as a felony under Penal Codes Sections 422.7, 594.3. 11412 or 11413 or a misdemeanor under Penal Code Sections 302, 422.6, 422.9, 538 (c), 640.2 or 11411. Under Penal Code Section 422.6 (a) or (b), any person convicted of violating this Section faces up to one year in county jail or a fine not to exceed $5,000 or both, and community service not to exceed 400 hours during 350 days during a time other than employment hours or school hours. No person may be convicted of a California hate crime for using hateful speech alone.

The death penalty or life in prison without the possibility of parole can be imposed under Penal Code Section 190.2(a)(16) if the victim was intentionally killed because of race, color, religion, nationality, or country of origin. Life without the possibility of parole may be imposed under Penal Code 190.3, if the victim was intentionally killed because of sexual orientation, gender or disability. Under Penal Code 422.75, sentences may be enhanced for a felony crime committed as a result of a victim’s race, color, religion, nationality, country of origin, ancestry, disability or sexual orientation an additional one, two or three years in prison if a person acts alone and two, three or four years in prison if a person acts with another.

Case Example:

A 53 year old women named Kim Rebar Henry of Fullerton, CA was arrested on arrested Friday February 11, 2011 on an unrelated warrant and booked on Monday, February 14, 2011, on suspicion of one count of felony vandalism and damage to property to violate civic rights. Henry is believed to be responsible for nine incidents that occurred in Anaheim, Irvine, Santa Ana and Brea. She is being held at the Orange County Jail in lieu of $67,500 bail. According to authorities, Henry allegedly spray-painted graffiti on two Catholic churches and several buildings in Orange County. A surveillance video that was released to the media resulted in a person calling Santa Ana Police department and identifying Henry. The graffiti found was painted in black paint and threatened to kill African Americans and Asians. Graffiti was also discovered on a walkway next to the Saint Thomas More Catholic Parish by Irvine Police on January 11, 2011with the words painted “Kill Cathlicks”. Irvine police also found graffiti at the Chase Bank on the 500 block of North Euclid that said kill and two specific ethnicities. Anaheim police responded to a graffiti incident also on January 11, 2011 at the St. Boniface Catholic Church where the words “Kill the Cathlicks” was painted at a wall near the entrance of the church. Investigations by Anaheim, Santa Ana, Irvine and Brea police are ongoing.

If you are arrested and charged with a California hate crime, you should contact a California criminal defense attorney to represent you. The attorney may be able to get the charges reduced or dismissed by arguing such legal defenses as aggravated battery, mistaken identity, self defense or false accusations depending upon the circumstances surrounding your case.

How a California Criminal Attorney Is Able To Defend Against Drug Fraud

The misuse of taking or prescribing a controlled substance through misrepresentation, fraud, deceit, forgery or burglary is a crime of prescription drug fraud under California Health and Safety Code Sections 11172 through 11175, 11153 through 11157 or 11368. Often persons with drug addictions may be involved in prescription drug fraud by either purchasing or obtaining a controlled substance such as Vicodin, Oxycontin, Hydrocodone, Methadone, Percodan, Ritalin and Xanax in an illegal manner in order to make money or for their own use. For instance, stealing your doctor’s prescription pad and forging your doctor’s signature in order to authorize a prescription, adjusting your doctor’s prescription by changing the quantity or dosage of the prescription, using a computer to create a false prescription or doctor shopping by using multiple doctors and pharmacies to obtain prescriptions of the same drug without each doctor’s and/or pharmacy’s knowledge are all examples of crimes of prescription drug fraud. Doctors who commit prescription drug fraud by writing prescriptions for medical purposes that are not considered legitimate or treating an addict outside professional treatment may lose their licenses, have to pay large fines and face jail time if they are convicted of prescription drug fraud.
Penalties and Fines
Prescription drug fraud may be prosecuted as either a misdemeanor or a felony offense in California, and the penalties may include state prison or county jail time, probation, fines, community service, drug counseling or rehabilitation.  Doctors that are convicted of prescription drug fraud under Health and Safety Code Sections 11153 and 11154 face losing their licenses, prison time in state prison up to three years or county jail up to one year and fines not exceeding $20,000. Persons convicted under Section 11173 of doctor shopping face jail time in the county jail up to one year or up to three years in a California state prison.

Case Examples

Case 1
According to an amended accusation filed on December 21, 2010, by the Medical Board of California, Yuba City physician Jeffrey Lawrence Phillips of North Valley Neurological Associates, 1215 Plumas St., allegedly prescribed Abien, Restoril and Naxanx for himself by using another doctor’s name. Dr. Phillips had been convicted in a Sacramento County Superior Court and sentenced to five years probation, including jail time, for Medicare and Medi-cal fraud in August 2008. At that time, he agreed to pay approximately $83,000 in restitution. During 2006 and 2008 while working for nursing homes, Phillips submitted false claims for payment and signed patients’ progress reports for patients who had died or had been discharged according to the Board’s documents. A hearing is scheduled on March 1, 2011 regarding his medical license. Dr. Phillips also provides medical marijuana evaluations under the name North Valley Wellness Center which shares the same address as the North Valley Neurological Associates. Dr. Phillips refused to talk about the allegations when asked on January 6, 2011.

In September 2009, Dr. Phillips told a Board investigator that his neighbor, physician Richard Joseph Brouette, occasionally prescribed medications for him. Dr. Brouette told investigators that he only prescribed a refill for Ambien one time, and that Phillips only became a patient in July 2010. During the time period March 2005 and January of 2010, Phillips allegedly improperly obtained 1,340 tablets of Ambien. At an evaluation in October, Phillips made false statements to a psychiatrist stating that he never used another physician’s name to authorize prescription medicine refills without that physician’s knowledge.

Case 2
Parents, teachers and law enforcement officers in Santa Monica, CA are concerned about the 35 drug arrests made so far during January 2011 at Santa Monica High. The number is 17 more than the all of 2010. The majority of the arrests have been for illegal prescription drug use. Officials reported that the arrests involved students of different ages, races and ethnic backgrounds, and officials have no explanation for the increase in illegal prescription drug use. The school is focusing on educating parents to keep their medications away from their children and how to recognize the signs of drug abuse.  A parent whose 14 year old daughter was arrested for taking Ecstasy suggested that the school bring in drug sniffing dogs to find the students who are selling and using drugs, but school board member Oscar de la Torre is against this practice.

If you have been arrested of a prescription drug fraud offense, you should hire a California criminal defense attorney to defend you. The attorney may be able to get your charges reduced, especially if there was entrapment involved, get the case dismissed or have your sentence reduced to rehabilitation, probation or community service.

Property Crimes Such as Arson in California Are Extremely Serious

California considers crimes of arson extremely serious, especially during the fire season.   The definition of arson under California Penal Code Section 451 is “the willful and malicious burning of a structure, forest, or land”. If you committed a burglary at the time of the fire, you could also be charged with burglary under Penal Code 459, trespass under Penal Code 602 or first degree murder under Penal Code 187 for the California felony murder rule if someone died in the fire that you intentionally started. Arson laws do not apply when you set your own property on fire, unless you did it with the intent to commit California insurance fraud by collecting money from an insurance company, or you caused injury to another person or to their home, property or land.

Penalties and Sentencing

Sentencing and penalties for California arson crimes vary depending on the following factors:

·    Type of conviction- malicious or reckless arson.
·    Type of property involved.
·    Whether anyone was injured or killed as a result of the fire.
·    Your past criminal history.
·    Results of psychiatric or psychological evaluations.

Misdemeanor reckless burning (California Penal Code Section 452).

·    Information or summary probation, up to one-year county jail time and a fine up to $1,000.

Felony arson or reckless burning (Penal Code 451 or 452).

·    Up to 16 months to nine years in a California State Prison and fines up to $50,000 or twice that amount if the crime was for actual or future financial gain and a third strike felony penalty if you have prior felony convictions under the California Three Strikes Law if you were convicted of malicious arson under Penal Code 451.

Aggravated arson.

·    Additional and consecutive sentences of one to five years in the California State Prison for either a prior felony conviction for malicious or reckless arson under either Penal Code 451 or 452, or if severe bodily injury occurs to a firefighter, peace officer or other emergency personnel as a result of the fire or you used an accelerating device to start the fire or to delay ignition.

The following aggravating circumstances require that you must register as a convicted California arson offender:

·    The fire was in retaliation against the person who you knew or believed owned the building such as a former landlord who may have evicted you.
·    You intentionally set fire to a building or structure you knew was a place of worship.
·    Prior arson convictions within ten years or if the damage or losses were in excess of $5,650,000 or you damaged five or more inhabited structures. You also face a California State Prison sentence of 10 years to life without the possibility of probation.
·    Murder, whether intentional or unintentional under the California felony murder rule during an arson that was committed intentionally is considered a first degree murder charge in California with a sentence of 25 years to life in prison, life in prison without the possibility of parole or the death penalty.
·    You possessed, manufactured or disposed of flammable or combustible materials or a device in connection with arson or attempted arson.

The length of time you must register depends on factors such as whether you were an adult at the time of the conviction and when you were convicted. Failing to register is a misdemeanor charge with a six month to one-year sentence in the county jail.

Case Example:

A series of fires broke out on Friday November 12, 2010 near the Paiute Cultural Center, Brockman and Diaz lanes, Peoples’ Park behind the J Diamond Mobile Home Park, and also on Saturday November 13, 2010. One fire started around 7:30 p.m. in the trees and heavy brush off See Vee Lane on the Bishop Indian Reservation and a second fire erupted three hours later in the same area. California investigators from the Inyo Sheriff’s Department, Bishop Police and California Highway Patrol, with the assistance of Cal Fire and Bishop Fire, were able to narrow down three suspects and make arrests. The three suspects, teenage boys, Thomas Stone, 18, Jared Manga, 18 and a 16-year-old juvenile were arrested three days later on November 15, 2010 for arson and conspiracy for setting the fires. According to investigators, these fires could have caused a large amount of damage and potential loss of life had it not been for the quick responses by Bishop Fire and investigators, which helped avoid any tragedies. Bail for Stone and Manga was set at $250,000.

Defenses

Arson investigations require sophisticated and trained police units and teams with expertise in chemical analysis and forensic evidence who are able to determine the cause and origin of the fire. K-9 dogs are also used to determine the presence of ignitable liquids such as gasoline, charcoal lighter, lighter fluid, paint thinner, kerosene and others at the scene and on people or clothing.  Since the majority of arson crimes do not involve witnesses, the investigators must be able to link the evidence of the fire to the arsonist in order for the prosecutor to obtain a conviction.

If you have been arrested for arson in California, it is crucial that you hire a California criminal defense attorney to defend you. California arson laws are very strict and have harsh and severe punishments and penalties. The attorney can argue defenses such accident without intent, insufficient evidence, mistaken identity; you were falsely accused or wrongfully arrested.  The attorney works with expert arson witnesses who can explain to the judge or jury whether or not there was evidence at the scene of the fire that indicates an arson took place such as flammable liquids or melted copper wiring. If you are have been convicted of an arson requiring registration as a California convicted arson, you may be eligible for a certificate of rehabilitation. The attorney can assist you with this process or help you with obtaining an expungement under California penal Code 1203.4 so that you do not have to register as a convicted arson offender.