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In the wake of the not guilty verdict of George Zimmerman, for shooting and killing Travon Martin, a young teenage boy, people are struggling to understand how the jury came to the decision that it did. To understand the jury’s decision, it is important to understand the defense of self-defense, and what constitutes self-defense. Also important to understand is the charge of second-degree murder and what elements must be met to charge and convict someone of this crime.

As we know, in the People vs. Zimmerman case, the District Attorney charged George Zimmerman with second-degree murder. However, the elements to convict someone of this crime were not met. The charge of second-degree murder, typically involves someone killing another person “impulsively and without premeditation”. However, the law defines second-degree murder, and it’s elements as follows:

1. That you committed an act that resulted in the death of another person – In the People v. Zimmerman case, we know this to be true. 

2. That it was committed with malice aforethought – To determine if this element existed, we must first understand what “malice aforethought” means. 
Basically, it means that at the moment the murder occurred, the killer intended to kill the victim, but prior to that moment had no intent to do so.

3. It was without lawful excuse or justification – Is self-defense considered a “lawful excuse” or “justification”? In the eyes of the law, yes.

Self-defense is a legal defense that excuses conduct, which would otherwise be criminal. However, California self-defense laws are very specific and do not apply to all situations. The following are conditions that must be met in order to justify self-defense:

1. A reasonable belief that you are in imminent danger of being killed, seriously injured, or unlawfully touched.

2. A belief that immediate force is necessary to prevent that danger, and
3. That you use no more force than is necessary to defend yourself against that danger.

The true meaning of self-defense isn’t perfectly clear, but when asserted properly becomes a legal defense that can result in immunity against prosecution or acquittal as we saw in the Zimmerman case.

Another documented case where the defense of self-defense was successfully argued is People vs. Deiran Green, in which the defendant was indicted for malice murder, felony murder aggravated assault, and possession of a knife during the commission of a felony after he punctured the femoral nerve of a man with a knife during a physical struggle. Green filed a motion to dismiss the indictment on the grounds that he was immune from prosecution under the self-defense laws.

The Court determined that Green never intended to stab or injure Waldon, the victim; that he had taken the knife with him because he didn’t trust Waldon and further that Green told Waldon he wasn’t going to hurt him, that he just wanted his rent money. The trial court granted Green’s motion finding that Waldon had attacked Green, reasonably putting Green in fear for his life.

The State appealed the trial court’s decision stating that there was no justification for the self-defense defense because the use of force is a necessary prerequisite and that there was no evidence that Green used force against Waldon. However, the appellate court confirmed the trial court’s findings, stating that defendant would have been justified in using deadly force against Waldon to protect himself, although he was not required to do so in order to be immune from prosecution.

The laws regarding murder and the defenses thereto are complicated. Each case has unique circumstances that must be carefully examined to determine exactly what type of charge is appropriate and what type of defense may apply.

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The juvenile justice system is different from the adult justice system. In Orange County Juvenile Court, the focus is on treatment and rehabilitation for the juvenile while the adult justice system focuses on punishment. However, depending upon the charge, a juvenile can be prosecuted as an adult and be subject to the same penalties as an adult. In a situation where a juvenile is tried as an adult, it usually involves crimes of violence. Juveniles 16 or 17, who commit serious felonies, can be tried as an adult. Also, a juvenile 14 or older being charged with murder can be tried as an adult. However, even if a juvenile is tried as an adult, they are still treated different. There are more options in terms of how and where they are prosecuted and how and where they will serve their sentence.

There was a recent incident where four juveniles were detained after they were seen running from a car that had crashed into a pole. Investigators believed that the car was stolen.

These young individuals are facing serious charges, and at their young age, can affect them for the rest of their lives. As devastating as something like this is to a parent, one of the most important questions a parent can ask themselves is: How do I protect my child? Teens are still not mature enough to stop, think and really consider how serious their actions are and what the consequences might be. Especially if they have never been in trouble with the law and have never had legal consequences. For this reason, it is extremely important that these minors be represented by experienced attorneys, who have experience in not only defending these types of charges, but who are also experienced juvenile defense attorneys.

Once a juvenile is arrested for a crime, there are a few different ways law enforcement may proceed. Here are some examples:

1. Informal contact with parents,
2. Public or private diversion,
3. Citation and referral to probation, and
4. Arrest.

Once the case is submitted to probation, probation has limited discretion whether or not to submit the case to the district attorney or proceed informally. If the case is submitted to the district attorney, they then decide whether to file or dismiss the case. A lawyer, specializing in juvenile criminal matters will be able to advise and guide parents and their child through these procedures.

It is extremely important that, if your child is arrested for a crime, an attorney familiar with the Orange County Juvenile Court should be retained. Being familiar with the Judges, District Attorneys, Court Clerks and Probation Department, will help facilitate the best possible outcome for your child.

It is important to note that if your child has been convicted of a crime, their record should be sealed and/or destroyed. To be eligible for sealing a juvenile record, the child must be 18 years old or 5 years must have passed from the last arrest or discharge from probation.

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After the 2011 Seal Beach shootings, where a man walked into a hair salon carrying 3 guns, using at least two of them to shoot and kill 8 people, there was a resurfacing of the cry for gun control. Whether or not the man possessed the guns legally, it appeared to be obvious is that there were no gun laws that could have prevented this man from killing these people.

The Second Amendment to the US Constitution protects an individual’s right to possess a firearm and to use that arm for traditionally lawful purposes, such as self-defense within the home. Clearly that was not the case in the Seal Beach shootings. Additionally, there are longstanding prohibitions and restrictions on firearms possession.

The Brady Handgun Violence Prevention Act is an Act of the United States Congress that instituted federal background checks on firearm purchases in the United States. The Brady Act requires that background checks be conducted on individuals before a firearm may be purchased from a federally licensed dealer, manufacture or importer, unless an exception applies. Further, under the Brady Act, you cannot have a gun for personal or business if you:

1. Were convicted of a crime punishable by being in prison for more than one year. Convicted felons may not possess firearms;
2. Are a fugitive from justice;
3. Are addicted to, or legally use, any controlled substance;
4. Have been ruled mentally defective by a court, or are committed to a mental institution;
5. You are an illegal alien living in the United States unlawfully;
6. Received a dishonorable discharge from the U.S. Armed Forces;
7. Renounced your U.S. citizenship, if you are a U.S. citizen;
8. Are subject to a court restraining order that involves your “intimate partner,” your partner’s child, or children; or
9. Were convicted of misdemeanor domestic violence in any court.

State gun laws vary considerably from state to state. California gun laws allow almost anyone to buy a firearm without a license. The only people generally prohibited are felons, persons convicted of certain misdemeanor offenses, persons addicted to narcotics, persons who suffer from mental illness and minors. Therefore, in California if you don’t fall into one of these categories, there are ways to exercise your Second Amendment right to bear arms.

I often get calls from individuals who tell me they are being charged with the crime of “felon in possession of a firearm”, and that they were unaware that their prior felony conviction prohibited them from possessing a firearm. Unless an individual was specifically told this, either in open court by the judge or by their attorney, or unless it was written in the paperwork associated with their conviction, they may not even be aware that they are breaking the law.

As an Orange County Criminal Defense Attorney, I am a strong believer in the Constitution of the United States and in protecting the rights of individuals. The “right to carry” laws are federal and state constitutional rights. The law has common sense protections, and as a qualified attorney, who is knowledgeable in the field of criminal defense, can help classify the exceptions for someone being charged with possession of firearms.

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Thousands are sent to California prisons every year as a result of law enforcement agencies aggressive crack down on drug trafficking. Undercover operations can last a year or longer before an actual arrest is made. This was true in an operation that lasted a year and ended with the arrest of 16 people in Santa Ana, on suspicion of being involved in illegal distribution of narcotics. The distribution of narcotics operation included distributing crack cocaine, methamphetamine and heroin.

Often times, many of those arrested and/or convicted are innocent and many are drug addicts who are in need of treatment. Addressing a person’s drug addiction is much more effective than sending them to prison.

Transporting, importing and selling or distributing controlled substances is a felony in California. This is also known as drug trafficking.

Transportation of Narcotics: Is when an individual or group knowingly transfers the substances from one place to another. Whether the amount is small or large, transporting drugs is considered a serious offense.

Drug distribution: Is the act of selling narcotics to others.

The consequences of drug transportation and/or distribution vary depending on several factors. Some of the mitigating factors include:

1. The type of drug,
2. The location,
3. The amount, and
4. Whether or not minors are involved.

Consequences of being convicted of drug transportation or drug distribution may include the following:

1. A long prison sentence,
2. Large fines,
3. Parole or probation which may include, drug testing, rehab, counseling, and search and seizure of property,
4. Being required to register as a narcotics offender,
5. Forfeiture of assets, and
6. Deportation (if not a U.S. citizen).

If you are found guilty of importing large quantities of narcotics from another country, the penalties are much more severe.

As a criminal defense attorney who has defended many individuals for drug transportation and sales, I am aware of the many important factors associated with this crime. I pay close attention to all details but two very critical details are: the quantity of drugs and, prior criminal record, specifically prior drug convictions. The quantity will point to the question of whether or not the drugs were for personal use or distribution. Someone with a prior conviction of sales of narcotics could be facing a minimum 3-year enhancement, which is added to the time he would serve if convicted on the new drug charge.

As an experienced criminal defense attorney, I am well aware and equipped to utilize the best defenses and/or sentence alternatives to get the best result possible. For example, drug treatment would be more appropriate than jail time. Especially for non-violent individuals who may suffer with a drug problem. Depending upon the situation, there are alternatives.

In California, if you qualify, you could be eligible for Proposition 36, which would allow substance abuse treatment instead of jail time, or Diversion, is another alternative, which would allow the case to be dismissed after a period of time if all requirements were fulfilled. There is also Drug Court, which is a program that involves supervision and treatment.

There are alternatives and therefore, it is critical that anyone being charged which a seriuos drug charge needs the representation of an experienced criminal defense attorney.

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White Collar crimes are crimes that usually occur in a business setting. They are non-violent crimes that involve money, fraud and dishonesty. The deliberate deception for unlawful gain. Usually, someone who has been charged with this type of crime does not have a criminal history. They are doctors, CEO’s of corporations, bookkeepers, accounts, and payroll clerks, people working in the business world. They are our friends and family members who, for a variety of reasons, make a bad decision to commit a crime. Often, these people don’t view what they are doing as a serious crime. They often are able to justify their actions based on feelings of unfair treatment in their working environment. Or, in some situations, feel that they have not been compensated fairly and without thinking it through, decide to compensate themselves because they believe it is due them.

The Federal Government, District Attorney’s Office and The City Prosecutor’s Office take these types of crimes very seriously. The punishments can be very severe, depending upon the amount of money involved, the number of felony charges and prior “like felonies”. If convicted, you could be looking at up to five years in State Prison and $150,000.00 in fines and restitution. However, if you have prior felony convictions for the same type of crime, both the prison time exposure and the amount of the fine can be increased. This is called an enhancement and is explained in more detail below.

White Collar Crime Enhancements: Also referred to as “Aggravated White Collar Crime enhancements” may be imposed if you are convicted of two or more felonies in the same criminal proceeding. This can mean that there were two or more separate victims or two or more felonies against the same victim on two or more occasions. The enhancement may also be imposed if you have two or more prior convictions for the same or similar crime. This is referred to as “a pattern of like felonies”. The enhancement can increase your prison time by two to five years.

An “enhancement” may be imposed whenever the value of the crime is $100,000.00 or more. If the value is determined to be $500,000.00 or more, an additional term of 2, 3 or 5 years may be added and, the amount of the fine may be doubled.

White-collar crimes such as embezzlement, are very complicated due to the amount of paperwork and the time required to trace multiple transactions, often over a period of years. This can result in numerous transactions being attributed to the accused because the detailed investigation required is not done properly. Because each transaction is considered a separate charge, an aggressive criminal defense attorney will pour over every detail, along with the help of his client, to trace each transaction. This will often times result in multiple charges being dismissed. The prosecution has the burden of proving that each transaction being alleged in the Complaint is a result of the defendant’s actions. There are paper trails that must be followed and explained. This is why it is imperative that anyone being charged with a white-collar crime employs the services of an experienced attorney who knows exactly what is involved in defending such charges.

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I frequently get calls from young men and women who are trying to get a job and have found that their history in juvenile court has become a problem. I find that people are under the impression that their juvenile record is automatically sealed and destroyed after the age of 18 years. What they don’t realize, is that this won’t automatically happen until after you reach the age of 38.

Welfare and Institutions Code, Section 826 provides that, if you have not petitioned the court for an order to seal and destroy your record, it will automatically be destroyed after you reach the age of 38. However, between the ages of 18 and 38, most young adults will apply for several jobs and run the risk of being turned down if their past history is revealed. My advise to young adults is always that they seek to have their record sealed and destroyed as soon as the law allows. Often times, young people don’t realize that their juvenile history is accessible until a prospective employer advises them. If this is how it is discovered, usually the chances of being hired are slim to none.

Welfare and Institutions Code, Sections 389 and 781 provides that juvenile court records, as well as arrest records, may be sealed and destroyed once one of the following has occurred:

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In California, when someone is convicted of a crime, whether felony or misdemeanor, the Judge has the discretion of imposing probation in lieu of jail time, or in addition to jail time. There are sentencing guidelines that a judge uses when imposing a sentence, but, the Judge may elect to allow you to remain free if you agree to be on probation and following the terms and conditions of the of the probation. There are two types of probation, summary or informal probation and formal probation. The following is an explanation of how each works.

Summary/Informal Probation

Summary or informal probation is usually associated with a misdemeanor conviction. It is much less restrictive in that you do not have to report to a probation officer and the terms and conditions usually involve very common sense guidelines. For instance, if you are placed on informal probation for a petty theft, the terms of the probation may include staying away from the establishment where the theft took place, along with standard orders to obey all laws and not get into trouble.

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In California it is illegal for a felon to possession a weapon. Penal Code 12021 states that no convicted felon may purchase, receive, own or possession a firearm. But what does “possession” of a firearm mean? Does it mean that a convicted felon must have physical possession on their person to be in violation? No. In addition to physical possession, it is illegal for a felon to have constructive possession of a firearm. Constructive possession means that a felon cannot have a gun in their house or car. It doesn’t matter whether or not the felon is present with the weapon. If the weapon is in their home or car, this is considered constructive possession and is thus a violation of the law.

There are three classes of individuals that are prohibited from possessing a firearm:

1. A felon, meaning any person who has been convicted of a crime, whether violent or not, that is punishable by a prison term of more than one year.

2. Any person who has been convicted of certain misdemeanors.

3. Any person who is addicted to a narcotic drug.

Lets take a closer look at the three classes mentioned above:

What is a Felon: A felon is anyone who has been convicted of a felony offense, in any state, under the United States Federal Law, that results in a felony punishment, or is sentenced to a federal facility for more than 30 days and a fine of more than $1,000.00.

Specific Misdemeanor Convictions: If you own, possess or receive a gun and are convicted of violating any of the following penal codes: 12021(a), 12021(b), or 12021.1. Other misdemeanor offenses that may apply are: assault with a deadly weapon, brandishing a weapon and some sex crimes.

Anyone Addicted to a Narcotic: Someone who is addicted to a narcotic is considered to be emotionally and physically dependent on that narcotic and thus have a tolerance to its effects.

What Must the Prosecution Prove to be Convicted of Violating the Felon with a Firearm Law:

1. You must fall within one of the above categories.

2. You must have owned, possessed, bought or received a firearm.

3. You knew of the presence of the firearm.

Lets take a closer look at numbers 2 and 3 above for purposes of defenses to the charge of felon in possession of a firearm. For the prosecution to prove that you “owned, possessed, bought or received” a firearm, it must be proved that you did in fact possess a firearm.

An example might be that the defendant is living and/or renting a room in a home where the homeowner has a firearm. While on formal probation, a random search of the defendant’s place of residence reveals a firearm in the home. Because the homeowner owns the firearm, and the defendant did not have constructive possession of it, he cannot be charged with felon in possession of a firearm.

Another example might be that you borrowed a friend’s car. The friend has a firearm, which he keeps under the seat of his car. You get pulled over and the police officer notices part of the firearm sticking out from under the seat. The officer will, more than likely, arrest you for felon in possession of a firearm. However, if it can be proved that: 1) you are not the owner of the car and 2) the firearm belonged to the owner of the car, then you are not guilty because you had no knowledge of the presence of the firearm.

A conviction for felon in possession of a firearm can carry severe penalties. The crime itself can result in a felony conviction under certain circumstances. This then increases the exposure of prison time that the defendant is facing. The more felony convictions a person has, the longer the prison sentence prosecutors will seek.

If you or someone you know has been arrested for or being charged with, felon in possession of a firearm, it is important to hire a criminal defense lawyer who has experience in the County in which the case is pending. Sometimes early intervention, before the charges are even filed, can result in the prosecution rejecting the case without ever being filed.

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Border Patrol Agents recently arrested 9 men and seized 1,000 pounds of marijuana in Laguna Beach. While patrolling the Orange County coastline at midnight in Laguna Beach, the Border Patrol spotted a boat near Crystal Cove State Park. There were 7 men on the boat and 2 men waiting on the shore in an SUV. When the men began unloading and loading, the Border Patrol arrested the men and seized 26 bundles of marijuana. The street value of the marijuana is reported to be approximately $1.8 million.

In California, it is a felony to sell, transport or distribute marijuana and the penalties can be quite harsh. However, the penalties are significantly less if the person is transporting or giving away less than an ounce of marijuana. It then becomes a misdemeanor and is punishable by a fine. But, even selling a small amount of marijuana is still a felony and can result in serious consequences.

Drug Possession with Intent to Sale

Law enforcement does not have to actually see a sale taking place in order to charge someone with felony possessio with intent to sell. They can rely on the circumstantial evidence at the time of the arrest. Typically, in a situation where no sale was witnessed, the amount of marijuana and the way it is packaged is used as evidence of sales. Also, the presence of scales for weighing, baggies for packaging and/or large amounts of cash are considered evidence of sales. The police also look for text messages and pay/own sheets.

Transportation and/or Distribution of Drugs

When an individual or group of people knowingly transfers an illegal drug from one place to another, they have committed the crime of transportation of narcotics. It doesn’t matter whether they are transporting a small amount or a large amount, it is a serious offense. The act of selling drugs to others is distribution.

Consequences of a Conviction for Drug Trafficking and/or Distribution

There are state and federal laws that govern sentencing of drug traffickers. The penalties vary depending upon the circumstances. Factors that are taken into consideration are: 1) What type schedule drug was it; 2) The amount of the drug; 3) Were minors involved; 4) Was the defendant part of a group or an individual; and 5) The location where the offense took place.

If convicted of drug trafficking, you could be facing many years in Federal Prison. However, there are defenses to this charge, which an experienced criminal defense attorney will be familiar with. Because the sentencing depends upon so many different variables, it is important that the details surrounding the arrest, seizure and interrogation be carefully looked at by your attorney. Paying close attention to the laws as they apply to law enforcement when it comes to search and seizure, as well as any violation of your amendment rights.

The Fourth Amendment guards against illegal search and seizure by law enforcement. Unfortunately, it is not uncommon for police personnel to ignore the law regarding search and seizure, which often times goes unnoticed. A good criminal defense attorney should scrutinize all aspects of the search, seizure and arrest, looking for mistakes or misconduct by law enforcement personnel.

If you or a loved one has been arrested for drug transportation/trafficking or distribution, contact an experienced criminal defense lawyer in the County in which the arrest took place. Protecting the rights and mitigating the potential prison exposure for you or your family member should be your attorney’s first priority.

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Border Patrol Agents recently arrested 9 men and seized 1,000 pounds of marijuana in Laguna Beach. While patrolling the Orange County coastline at midnight in Laguna Beach, the Border Patrol spotted a boat near Crystal Cove State Park. There were 7 men on the boat and 2 men waiting on the shore in an SUV. When the men began unloading and loading, the Border Patrol arrested the men and seized 26 bundles of marijuana. The street value of the marijuana is reported to be approximately $1.8 million.

In California, it is a felony to sell, transport or distribute marijuana and the penalties can be quite harsh. However, the penalties are significantly less if the person is transporting or giving away less than an ounce of marijuana. It then becomes a misdemeanor and is punishable by a fine. But, even selling a small amount of marijuana is still a felony and can result in serious consequences.

Drug Possession with Intent to Sale

Law enforcement does not have to actually see a sale taking place in order to charge someone with felony possessio with intent to sell. They can rely on the circumstantial evidence at the time of the arrest. Typically, in a situation where no sale was witnessed, the amount of marijuana and the way it is packaged is used as evidence of sales. Also, the presence of scales for weighing, baggies for packaging and/or large amounts of cash are considered evidence of sales. The police also look for text messages and pay/own sheets.

Transportation and/or Distribution of Drugs

When an individual or group of people knowingly transfers an illegal drug from one place to another, they have committed the crime of transportation of narcotics. It doesn’t matter whether they are transporting a small amount or a large amount, it is a serious offense. The act of selling drugs to others is distribution.

Consequences of a Conviction for Drug Trafficking and/or Distribution

There are state and federal laws that govern sentencing of drug traffickers. The penalties vary depending upon the circumstances. Factors that are taken into consideration are: 1) What type schedule drug was it; 2) The amount of the drug; 3) Were minors involved; 4) Was the defendant part of a group or an individual; and 5) The location where the offense took place.

If convicted of drug trafficking, you could be facing many years in Federal Prison. However, there are defenses to this charge, which an experienced criminal defense attorney will be familiar with. Because the sentencing depends upon so many different variables, it is important that the details surrounding the arrest, seizure and interrogation be carefully looked at by your attorney. Paying close attention to the laws as they apply to law enforcement when it comes to search and seizure, as well as any violation of your amendment rights.

The Fourth Amendment guards against illegal search and seizure by law enforcement. Unfortunately, it is not uncommon for police personnel to ignore the law regarding search and seizure, which often times goes unnoticed. A good criminal defense attorney should scrutinize all aspects of the search, seizure and arrest, looking for mistakes or misconduct by law enforcement personnel.

If you or a loved one has been arrested for drug transportation/trafficking or distribution, contact an experienced criminal defense lawyer in the County in which the arrest took place. Protecting the rights and mitigating the potential prison exposure for you or your family member should be your attorney’s first priority.

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