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A Long Beach man was arrested and is being charged with Kidnapping, Terrorist Threats, Domestic Assault and Brandishing a Weapon after forcing his girlfriend to drive him from Garden Grove to Santa Ana, while threatening to kill her with a knife. As a criminal defense lawyer, practicing law in Orange County California for 20 years, I have represented many individuals being charged with these types of serious charges. It has been my experience that the initial charges are many types over-charged and therefore my goal is always to have as many of the charges dropped as possible and the remaining charges either reduced to misdemeanors or dismissed altogether.

The crime of kidnapping is defined as the use of force or fear to take a person and move him or her a substantial distance. The penalty if convicted of kidnapping is up to 8 years in State Prison or more if the victim was injured or abused, if the victim was a child or if the kidnapping was done to facilitate another crime.

There are certain elements of the crime of kidnapping. They are: (1) The kidnapper took, held, or detained another person by means of force or by instilling reasonable fear; (2) Using that force or fear, the kidnapper moved the other person or made the other person move a substantial distance; and (3) The other person did not consent to the movement.

Kidnapping is considered a serious Felony and is a “Strike Crime” under California’s “Three Strikes Law“. However, there are defenses to kidnapping and a defendant is not guilty of kidnapping if he/she reasonably and actually believed that the other person consented to the movement. The prosecution has the burden to prove, beyond a reasonable doubt, that the defendant did not believe that the other person consented to the movement.

Consent is also a defense to kidnapping. If the other person consented to go with the defendant, the defendant is not guilty of kidnapping. Consent is defined as: (1) The person freely and voluntarily agreed to go with or be moved by the defendant; (2) The person was aware of the movement, and (3) The person had sufficient maturity and understanding to choose to g0 with the defendant. Again, the prosecution has the burden of proving, beyond a reasonable doubt, that consent was not given.

It is important to note that consent may be withdrawn. If at first the person consented to go with the defendant but later changed their mind, the defendant is guilty of kidnapping if after the other person withdrew consent, the defendant committed the crime outlined above.

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Narcotics Investigators with the Inland Crackdown Allied Task Force found 88 pounds of cocaine after receiving information that narcotics were being distributed out of a house in Lake Forest, California. The investigators believe that the house was being used solely for the purpose of hiding and distributing narcotics throughout the Country. The estimated street value of the narcotics is $4 million. Two men have been arrested on suspicion of possession and distribution of narcotics. One is a Lake Forest resident, and the other from Aliso Viejo, California.

As an Orange County Criminal Defense Attorney, specializing in drug related offenses, taking a close look at the officers’ conduct prior to the arrest of these two men is extremely important, as well as how the search warrant was obtained. These are very serious charges and therefore, any mistakes or illegal investigation conducted by the Narcotics Investigators must be considered.

Transporting drugs is the moving of drugs from one place to another. In order to be convicted of transportation of a controlled substance, it is only necessary for the prosecution to establish that the accused moved the drugs.

To be convicted of selling or transporting a controlled substance, it must be established that the accused engaged in one of the following acts:

1. Transporting a controlled substance;
2. Importing drugs, into California (meaning, bringing illegal drugs into this state).
3. Selling, exchanging narcotics for money, favors, services, goods or any other non-cash benefit.
4. Furnishing drugs or supplying by any means.
5. Administering the drugs directly to another person.
6. Giving illegal drugs away.
It must also be established that the accused knew of the presence of drugs and that the drug was illegal. There must be enough of the drug to be used as a controlled substance.

The penalty for a conviction of selling and transporting a controlled substance is either probation and up to one year in county jail, or three, four or five years in prison and a maximum $20,000.00 fine. However, if convicted of transporting a controlled substance for sale, and the drugs were moved across more than two county lines, the penalty is three, six or nine years in prison. There are aggravating factors that if relevant to your case, could result in the highest possible sentence or add time to the overall prison sentence. Prior convictions of felony drug charges may also add time to the overall sentence.

Fortunately, there are defenses to these charges that a skilled criminal defense attorney will be familiar with. An attorney experienced in drug sales and transportation charges will look closely at the possibility of an illegal search and seizure as well as police misconduct. Some other defenses include: entrapment, mistaken identity/innocence, lack of knowledge and lack of intent.

Anyone being charged with drug possession for sale, in Orange County, California, needs the representation of a skilled Orange County Criminal Defense Attorney, who will look closely at the prosecution’s case as it relates to the accused. In other words, a good criminal defense attorney will take the time to get to know their client and their client’s background, history, family, standing in the community, everything about that client in order to represent the person, not just the defendant., to the prosecution/judge.

There are alternatives to jail and prison for those being charged and convicted of drug related charges. Drug diversion, such as Proposition 36, Penal Code 1000 PC Drug Diversion and California Drug Court are examples of these alternatives. If convicted of a drug related offense, drug diversion is the outcome to pursue, as it is so much more beneficial than being incarcerated. The drug diversion programs can help overcome many drug related problems that have contributed to the initial acts that have lead to the conviction.

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A 24-year-old man was sentenced to 4 years in prison and 15 years probation after being found guilty of cyberstalking a fellow student at the University of Central Florida. As an Orange County Criminal Defense Attorney, it has been my experience that the Orange County Courts are extremely aggressive when it comes to this type of crime.

Cyberstalking is a relatively new crime, which is occurring more often due to the increased sophistication of electronic communication. Law enforcement agencies have actually developed special “task forces” to investigate and handle these matters as more incidents are being reported. In 1998, the California legislature amended it’s stalking laws to include electronically communicated threats. Basically, cyberstalking is stalking by the use of an electronic communication device. California stalking laws prohibit harassing and/or threatening someone to the point that they fear for their safety or the safety of a family member. If the threat or harassment is communicated through email, text, phone, Internet, video, fax or any other electronic device, it is referred to as cyberstalking.

Regardless of how severe the circumstances, the Orange County District Attorney prosecutes stalking cases aggressively. Here are some examples of cyberstalking, some of which may come as a bit of a surprise to some people:

Unwanted/unsolicited threatening or harassing emails;
Unwanted and/or disturbing pages, instant messages, text or sext messages I (“sexts” or “sexting” refers to sending explicit photos or messages, cell phone to cell phone);
Posing as another person in a chat room and writing things on behalf of that individual that are intended to anger other chat room participants;
Posting embarrassing, or humiliating information about the alleged victim;
Posting personal information (including a phone number, address, workplace, etc) about another person, encouraging others to harass that person.

Logging into on-line accounts to empty a person’s bank account or ruin that person’s credit.

In order to be convicted of cyberstalking, the prosecution must prove the same elements as in the traditional California anti-stalking laws, only the credible threat must have been made electronically. The following are the elements that must be proven:

Maliciously or willfully harassed or threatened another person
Made a credible threat against that person;
Placing that person in reasonable fear for them self or their family;
The threat or harassment was communicated by the Internet or other electronic device.

If convicted of cyberstalking, the sentence can range a great deal. Cyberstalking is a “wobbler” meaning that the prosecution can file the case as either a misdemeanor or a felony, depending upon the facts of the incident and the criminal history of the accused.

If convicted of misdemeanor cyberstalking, the sentence may include: up to a year in a county jail and fines of up to $1,000.00.

A felony conviction for cyberstalking may include up to five years in the California State Prison, fines of up to $1,000.00 and possible lifetime registration as a sex offender under Penal Code 290.

There are defenses to this serious charge that an experienced criminal defense attorney will be familiar with and know the best way to present you and your defense to the prosecution. If only one element of the crime that the prosecution must prove is unfounded, the case must be dismissed. In other words, the prosecution must prove all of the elements in order to get a conviction.

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A 30 year old woman has pleaded not guilty to charges that she hit a pedestrian and left the scene of an accident in Garden Grove on December 28, 2011. It was reported that the woman hit a 54 year old man and as she fled the scene, another car hit the man and drug him several feet. The second car stopped and spoke to investigators at the scene. The man was listed in serious condition. The 30 year old woman turned herself in a day later.

In California, you may be charged with misdemeanor hit and run if you: 1) leave the scene of an accident; 2) without first identifying yourself to the other party or parties involved, and 3) another’s property was damaged in the accident. Hit and run becomes more serious when charged with DUI, significantly increasing the need for an experienced DUI defense attorney.

There are two types of hit & run offenses in California, misdemeanor and felony. The difference between a misdemeanor hit and run and a felony hit and run is that a misdemeanor deals with property damage whereas the felony charge deals with injury. You may be charged with a felony hit and run if someone other than yourself was injured.

In order to be convicted of misdemeanor hit and run, the prosecutor must prove that: 1) you were involved in an accident that resulted in another’s property being damaged; 2) that you knew an accident had occurred; and 3) that you were involved in the accident where either you knew property was damaged, or that the accident was of such a nature that it was probable that another’s property was damaged, and that you failed to perform the duties required when involved in an accident. It becomes a felony if injury or death to another resulted from the accident.

Some defenses to hit and run include: 1) that you lacked knowledge either about your involvement in the accident or about the injuries; and/or 2) that it wasn’t you who was involved in the accident. An attorney experienced in defending hit and run cases knows that eyewitness accounts are rarely accurate when remembering the chain of events, which can lead to a person being wrongly accused. Visiting the scene of the accident and exploring the possibility of employing an accident reconstruction expert, are some of the things a good defense attorney should do.

Being charged with a felony hit and run can be extremely overwhelming to face without the help of an attorney who has experience with hit and run cases. The goal of a good attorney will be to have the case dismissed. But, at the very least, looking at the charges independently, getting any felony charges reduced to misdemeanors and getting one or more of the misdemeanor charges dropped, will ensure the best outcome.

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Mission Viejo is the newest City in Orange County to ban sex offenders from city parks, open space areas and community recreation centers, as well as soccer fields. Still at issue are the liability, enforceability and constitutionality of the ban.

The ban would make it a misdemeanor for sex offenders to be in certain areas of the city without written permission from the Orange County Sheriff’s Department, which handles services for Mission Viejo. A violation could mean up to six months in jail and/or a fine up to $500.00.

The City of Fullerton has previously passed a law making violators of Jessica’s Law, subject to a fine of to $1,000.00 and six months in jail. In addition to Mission Viejo, the ban has been approved in Irvine, La Habra, Lake Forest, Laguna Hills, Los Alamitos, Huntington Beach, Westminster and Yorba Linda. Irvine has narrowed their law to sex offenders who have targeted minors.

In California, anyone who has been convicted of a sex crime is required to register as a sex offender for as long as they live in California, attend school in California or are working in California.

Anyone who has been accused of a sex crime should seek the immediate advice and assistance of an experienced criminal defense attorney whose practice is strictly limited to criminal defense and focuses on sex crimes. An experienced attorney in this field will know the most effective defenses and be better able to present the types of arguments that can influence the prosecutors to limit the charges to those that do not subject a person to sex offender registration.

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Mission Viejo is the newest City in Orange County to ban sex offenders from city parks, open space areas and community recreation centers, as well as soccer fields. Still at issue are the liability, enforceability and constitutionality of the ban.

The ban would make it a misdemeanor for sex offenders to be in certain areas of the city without written permission from the Orange County Sheriff’s Department, which handles services for Mission Viejo. A violation could mean up to six months in jail and/or a fine up to $500.00.

The City of Fullerton has previously passed a law making violators of Jessica’s Law, subject to a fine of to $1,000.00 and six months in jail. In addition to Mission Viejo, the ban has been approved in Irvine, La Habra, Lake Forest, Laguna Hills, Los Alamitos, Huntington Beach, Westminster and Yorba Linda. Irvine has narrowed their law to sex offenders who have targeted minors.

In California, anyone who has been convicted of a sex crime is required to register as a sex offender for as long as they live in California, attend school in California or are working in California.

Anyone who has been accused of a sex crime should seek the immediate advice and assistance of an experienced criminal defense attorney whose practice is strictly limited to criminal defense and focuses on sex crimes. An experienced attorney in this field will know the most effective defenses and be better able to present the types of arguments that can influence the prosecutors to limit the charges to those that do not subject a person to sex offender registration.

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A 16 year old boy was arrested on suspicion of murder after a 19 year old man was found stabbed and later died at the hospital. The altercation happened at a Huntington Beach park. This young man is facing serious charges, and at his young age, can affect him for the rest of his life. 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 criminal defense attorneys, who have experience in not only defending these charges, but who are also experienced juvenile defense attorneys in Orange County, California.
Once a juvenile is arrested for a crime, there are a few different ways law enforcement may proceed. Informal contact with parents, public or private diversion, citation and referral to probation, or 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. An Orange County Criminal Defense Attorney, specializing in juvenile criminal matters, will be able to advise and guide parents and their child through these procedures.

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.

It is extremely important that an experienced Orange County Juvenile Defense Attorney be retained to represent this young man and further that, the attorney be familiar with the Orange County Juvenile Court. Being familiar with the Judges, District Attorneys, Court Clerks and Probation Department, will help facilitate the best possible outcome for your child. The question parents should ask themselves is what do I do to protect my child. Juveniles make mistakes and most have never known, or been exposed to legal consequences. Preserving your child’s record, so that their college goals and future employment are not affected negatively should be the goal of a good juvenile criminal defense attorney.

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A Laguna Hills man was recently arrested and is in custody on suspicion of lewd and lascivious acts against three children. An allegation of child molestation is probably the most serious of allegations in terms of the effect is has on a person’s future. An experienced Orange County child molestation defense attorney understands the seriousness of the allegations and also understands how actions or information can be misinterpreted. The Irvine Law Office of William Weinberg understands how social workers, hospital staff and school administrators sometimes act before thoroughly investigate and understanding the circumstances surrounding the information they have been given.

In this case, A 37 year old man, who is a bus driver in South Orange County, is being accused of having two children under the age of 14 and a 3 year old, in his apartment and committing lewd acts against them. Lewd acts with a child is described as the touching of a child on his/her body for sexual purposes. These cases often involve accusations that a child was touched or fondled, or that some other act of child molestation took place. A charge of molestation or lewd acts with a minor involves the touching the child anywhere on the body, even on the outside of clothing, if the touching is done “with the intent of arousing or gratifying the lust or sexual desires of the person or the child.”
To be convicted of this charge, it must be proven that the person willfully touched any part of a child’s body or caused the child to touch his/her own body, and that it was done so with the intent to arouse or gratify the lust, passion or sexual desires of the person or the child.
The potential prison sentence if convicted of Penal Code 288 PC/Lewd Acts with a Child, is three, six or eight years in state prison. Further, anyone convicted of this crime is required to, for the rest of their life, register as a sex offender, while living in California, working in California or attending school in California.

Unfortunately, false accusations of child sexual abuse occur more than people realize. If a child makes an allegation of some sort of Lewd and lascivious act, the police and prosecutors typically tend to begin building a case against the accused rather than looking closely at the situation, the child, and what may be going on in the life of both that may have lead to the accusation.

There are situations where children make false accusations. This is done for a number of reasons. One reason might be that there is a new stepparent in the picture and child is unhappy about it. Also, if there is a divorce or custody case pending, one parent may coerce the child into making false accusations or, convince the child that something inappropriate happened.

If you have been falsely accused of a sex crime against a child, or if you think you might be, it is critical that you contact a California Criminal Defense Attorney to protect you and your reputation.

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When a juvenile is charged with a juvenile offense, employing the help of an attorney who has experience specifically in juvenile court will ensure the best outcome for that child. Juvenile court is very different from adult Court. The procedures are different, the language is different and many of the laws are different. Criminal defense attorneys who take the occasional juvenile matter are not going to be as effective in getting the best result for the minor as an attorney who is familiar with the inner workings of the juvenile court system. Further, an attorney experienced in the juvenile courts will have developed relationships with the Judges, district attorneys, court clerks and personnel which gives the attorney an advantage over an attorney who practices primarily adult criminal defense law.

When representing a juvenile, the objective of a good juvenile defense attorney should be: 1) keeping the minor out of custody. The minor should be with their family, in school, and in community where they belong. 2) Keep the offense off the record. When a minor makes a mistake which results in an arrest and/or criminal charges, the objective should be to do whatever possible to get the charges dismissed so that the mistake doesn’t follow them into adulthood; and 3) Help the minor get back on track. Find out what was or is going on in the minor’s life that caused them to get into trouble in the first place. Whether it be drugs, alcohol or hanging around with the wrong crowd, knowing what the triggers are will help determine the best plan for the minor, thereby helping them stay out of trouble in the future, and back on track.

There are many options that do not involve confinement and that allow the juvenile the chance to accept responsibility for what they have done and at the same time preserving their record.

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When a juvenile is charged with a juvenile offense, employing the help of an attorney who has experience specifically in juvenile court will ensure the best outcome for that child. Juvenile court is very different from adult Court. The procedures are different, the language is different and many of the laws are different. Criminal defense attorneys who take the occasional juvenile matter are not going to be as effective in getting the best result for the minor as an attorney who is familiar with the inner workings of the juvenile court system. Further, an attorney experienced in the juvenile courts will have developed relationships with the Judges, district attorneys, court clerks and personnel which gives the attorney an advantage over an attorney who practices primarily adult criminal defense law.

When representing a juvenile, the objective of a good juvenile defense attorney should be: 1) keeping the minor out of custody. The minor should be with their family, in school, and in community where they belong. 2) Keep the offense off the record. When a minor makes a mistake which results in an arrest and/or criminal charges, the objective should be to do whatever possible to get the charges dismissed so that the mistake doesn’t follow them into adulthood; and 3) Help the minor get back on track. Find out what was or is going on in the minor’s life that caused them to get into trouble in the first place. Whether it be drugs, alcohol or hanging around with the wrong crowd, knowing what the triggers are will help determine the best plan for the minor, thereby helping them stay out of trouble in the future, and back on track.

There are many options that do not involve confinement and that allow the juvenile the chance to accept responsibility for what they have done and at the same time preserving their record.

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