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Cesar Gomez is charged with murder with special circumstances for the alleged killing of Ashley Lilly, a prostitute. Lilly had posted on Myspace that she would be at the Crown Plaza Hotel in Anaheim and would offer her services to people that contacted her. Around August 20, 2009, Gomez went into Lilly’s room and beat her face and body and then strangled her. He ransacked her hotel room and stole personal items. On August 21, hotel staff found her dead in her room. Through DNA evidence, Gomez was suspected and arrested for the murder. Gomez had a prior strike on his record for a 1993 murder conviction. If convicted of this murder, he will face life in prison without the possibility of parole.

Gomez did not sexually assault Lilly and seemed interested only in murderher personal belongings. The District Attorney will allege that this crime was for the benefit of a criminal street gang and committed this crime for the benefit of the gang. If it is proven that Gomez did this for the benefit of the gang, his sentence will be enhanced significantly.

There is a split among the courts as to whether the DA has to prove that the crime was for the benefit of the gang. The basic gang statute in California, Penal Code section 186.22 says “Any person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, and who willfully promotes, furthers, or assists in any felonious criminal conduct by members of
that gang, shall be punished by imprisonment in a county jail for a period not to exceed one year, or by imprisonment in the state prison for 16 months, or two or three years.” Gomez’s lawyer will likely argue that he did this crime due to personal reasons (robbery) and that it had nothing to do with promoting the gang or making people afraid of the gang.

Whether you live in Santa Ana, Fullerton or Huntington Beach, if you are charged with murder, assault or prostitution, you will need an experienced criminal defense attorney to assist you.

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During these tough economic times, people are going to desperate measures to get money. The newest way people are making money, is torching their cars or reporting them stolen and then collecting the insurance money. Suspected vehicle arson fraud went up 31% from 2007 to 2008. Suspected vehicle theft fraud went up 15% from 2007 to 2008. Already in 2009, there are more questionable vehicle thefts and arsons, as well as more suspicious “hit while parked” reports and phantom accidents than in 2008.

An obvious sign of fraud is when inconsistent stories are told to the insurance company. Often, people in Southern California drive their cars down to Mexico and leave them there, and then report the cars stolen. Now, insurance companies are investigating claims more thoroughly. If you are caught lying to the insurance companies, you will be charged with insurance fraud. Once charged, you must pay back what you owe the insurance company and you may even go to jail. For more information on fraud investigation, click here.

Whether you live in Irvine, Santa Ana or Newport Beach, if you are charged with fraud, you will need an experienced Orange County defense attorney to assist you.

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Anand Jon Alexander was convicted of 16 counts of rape and sexual assault and was sentenced to 59 years to life in prison for his acts. Alexander was a well known fashion designer in California and was well liked among celebrities. Alexander hired models (some who were under 18) for his fashion shows and then raped and assaulted them and other model hopefuls who he lured to his house.

Initially, the grand jury indicted Alexander of 59 counts, but the majority of the charges were dropped. Before sentencing, Alexander claimed he didn’t receive a fair trial because a juror contacted his sister, the prosecution withheld evidence and his attorneys were ineffective. Since he thought his lawyers were ineffective, he fired them and represented himself in court. Nevertheless, the judge still sentenced him to 59 years to life in state prison. He is awaiting similar rape and sexual assault charges in Texas and New York. If he is convicted of those, he will have more time tacked onto his sentence.

This sentence of 59 years to life seems very steep for rape charges. Although the article did not mention the details of the rapes, they must have been very heinous. In California, rape is a very serious crime that comes with steep penalties. Additionally, statutory rape or the rape of someone under 18, is an even more serious crime and was probably what cause Alexander to receive such a long sentence.

Whether you live in Laguna Beach, Westminster or Brea, if you are charged with rape or sexual assault, call an experienced OC criminal defense attorney to assist you in fighting your charges.

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David Dunlap was stopped on Monday in Lake Forest for rolling past a stop sign. When the officer pulled him over, he smelled a strong marijuana smell. Upon further investigation, the officer found 1 gram of marijuana on Dunlap and another 97 grams and a scale in his backpack. Dunlap said he had bought it from a nearby marijuana dispensary and was selling it to others who had medical marijuana cards. The sale of medical marijuana is only allowed by specific dispensaries according to the Compassionate Use Act. Dunlap was arrested on suspicion of possession of marijuana and possession for sale. The estimated street value of 98 grams of marijuana is about $1600.

Medical Marijuana is available to people who have chronic illnesses and who are in constant pain. Once patients have applied for a medical marijuana card and have received one, they may buy drugs from specific marijuana dispensaries throughout the state. Each state has varying laws on how much you can buy at one time. In California, you may only buy 8 ounces of marijuana at one time.

Whether you live in Santa Ana, Fullerton or Buena Park, if you are charged with possession or sale of drugs, call an experienced Orange County defense attorney to assist you.

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The Los Angeles Station Fire that started a couple of weeks ago, was just ruled to be an arson fire. Officers are looking for the arsonist who they think matches the profile of a typical arsonist: a while male between 15-25 years old who set the fire out of revenge. The Station Fire has burned about 230 square miles, burned down 60 homes and killed two firefighters. The California governor has authorized a $100,000 reward to any person that turns in the arsonist. Once this arsonist is caught, he will be charged with murder and arson and will likely face the death penalty.

Humans are the number one cause of fires in Southern California. In 2008, humans caused over 5,000 wildfires, which was the highest number in years. Arsonists are hard to catch though because they rarely come back to the scene of the crime and normally burn areas that are not commonly populated or recorded on surveillance cameras. Whether you live in Anaheim, Laguna Beach or Orange, if are charged with arson, you will need an experienced defense attorney to assist you.

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In July, Jaime Martinez of Buena Park pleaded guilty to 32 felony counts including the rape of 4 young girls in his family aged 5 to 11. One of the girls claimed she had been molested since she was 5 years old and once was abused by Martinez in the school bathroom. Additionally, the girl said that he once hit her and showed her a gun and said he would kill her and her family if she reported him to authorities. Last week, Martinez was sentenced to 330 years to life in prison for the sexual assaults.

People often wonder why sentences are so long. Clearly, no one will live for 330 years so why have a sentence for so long? Sentences are actually calculated based on how many offenses the person is convicted of and the severity of the offenses. Even with that number calculated, the judge has broad discretion in sentencing and can add or subtract years. Whether you live in Irvine, Santa Ana or Fullerton, if you get charged with a sex crime, you will need an experienced Orange County criminal defense attorney on your side.

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Timothy Wade Voroshuck walked into a Santa Ana CVS and demanded OxyContin from the employee behind the pharmacy counter. The robber claimed he had a gun and when the employee refused to give him OxyContin, the robber jumped on the counter and tried to fight with the employee. The quick thinking employee gave him Tylenol instead and told him it was OxyContin. Officers quickly arrived and arrested Voroshuck for robbery and false imprisonment. He is in jail with his bail amount set at $145,000.

Clearly, Voroshuck was addicted to OxyContin and was desperate to get his hands on some more. In desperation, people do crazy things. He will likely face a few years in jail for the robbery and false imprisonment. He will need an experienced criminal defense attorney to assist him in fighting his legal charges.

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William Eric Hamren called police earlier this week to report his stolen truck and bike. When Fullerton officers went to his house, Hamren ordered them off his property. Officers called for backup and Hamren was detained. A roommate told officers that Hamren had a gun in his room and Hamren said he had two safes in the garage. After searching the house, they found ammunition and pipebombs. Hamren was taken to St. Jude’s Medical Center for psychological evaluation. Apparently, while being questioned, he threatened to kill President Barack Obama. After being interviewed by the secret services, he was booked in an Orange County jail.

The combination of bombs, the threat to the President and Hamren’s psychological problems will make this a complicated legal matter. An experienced defense attorney will seek to have his client examined by a psychiatrist trained in forensic examinations to determine if the client does have psychological problems. If the defense attorney is successful in raising a mental defense to the charges the client may be admitted to a mental institution instead of going to prison. If you are charged with weapons charges, you will need an experienced criminal defense attorney to assist you.

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Adrian Montano Fuerte was found guilty, this week, of felony forcible rape and assault with the intent to rape and two misdemeanor counts of sexual battery and battery. Fuerte, who worked at a few Econo Lube and Tune locations in 2007 would lure women into the garage to explain their car problems. Once there, he would assault them, sexually batter them or rape them. Five women came forward and said that Fuerte either raped them or assaulted them. Fuerte could face around 15 years in state prison for his crimes.

Sexual battery is the touching of the intimate part’s of another without consent and is a misdemeanor. Rape, on the other hand, requires actual penetration and is a felony. Sex crimes stay on your record and may even require you to register on a sex offender list. Whether you live in Santa Ana, Fullerton or Newport Beach, if you are charged with a sex crime, you will need an experienced defense attorney to assist you with your legal matters.

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Colin Nathanson was the president and CEO of Giant Golf Company and Play Big Enterprises. While owning those companies, he admitted that he fraudulently convinced hundreds of people to invest in his companies, claiming that the companies would soon be publicly traded or would merge with a larger company. Nathanson received about $55 million from the investors and then bought houses, went on pricey vacations and used the money for his gambling addiction. The Securities and Exchange Commission started investigating him in 2005 and realized he was engaging in fraudulent activity. This week, Nathanson was sentenced to 27 years in federal prison for the fraud he committed. As soon as he gets out, he will deported to South Africa since he was illegally in the U.S.

Someone being suspected of defrauding people out of money can be prosecuted criminally and sued in civil court. Even though Nathanson is in prison, he can also be sued by all the people he stole money from. Nathanson was sentenced to 27 years. To put this in context, a murderer would likely be sentenced to about 25 years. After Enron, the court has been more harsh in sentencing white collar criminals, especially when the dollar loss was so great. Whether you live in Newport Beach, Laguna Beach or Huntington Beach, if you are charged with fraud or any other white collar crime, you will need an experienced criminal defense attorney on your side.

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