by

On Sunday evening, police were called to University High School in Irvine where two baseball teams, one from Santa Ana and the other from Riverside, had gotten into a physical fight. The fight started after a member of the Santa Ana team stole a base and was tagged out. The teams got into a verbal altercation which eventually got physical. Lopez and Victor Alaniz were taken into custody for felony assault. There were eight victims and four were taken to the hospital with bruises, abrasions and possible concussions.

Anger can lead to serious consequences for you and others around you. Often, anger management classes and therapy can help. If your anger has gotten you into some major legal trouble, whether in Irvine, Newport Beach or Fullerton, call an attorney to help you.

Continue reading →

by

A 17-year-old teenager named Lily Burk was found dead in her car in Los Angeles last week. It looked as if she had died from blunt force trauma to the head. Earlier in the day, Burk had gone to Southwestern Law School to pick up some papers for her mother who was a teacher there. On her way home, she called both of her parents separately to ask them how to use her ATM card. They had no idea that she was asking because she was being robbed. Allegedly, Mr. Charlie Samuel, a transient with a history of drug and violent crimes, tried to rob Burk. A struggle ensued inside the car and hours later, Burk’s dead body was found inside her black Volvo. Charlie Samuel had been arrested hours before the body had been found for other crimes. He is now being held without bail for the crime of murder.

Burk was an active student at her high school. She was supposed to star in a play at her school and wanted to become a writer in the future.

This is an unfortunate event and Mr. Samuel will need an experienced criminal defense attorney, whether this happened in Los Angeles, Irvine, or Anaheim. The attorney will need to investigate what Mr. Samuel was doing that day, what events occurred, if he in fact robbed Ms. Burk and how she died. A good defense attorney does not concede that his client did the crime. Instead, they look at all available evidence and defenses and craft well researched arguments to adequately defend their client and ensure them a fair trial.

Continue reading →

by

Wearing a wig and handkerchief over his face, a man robbed a Bank of America in Laguna Hills last week. He walked into the bank, forced the employees and customers to line up against the wall and held them at gunpoint. He then led the bank manager and a teller to the vault where he made them open it and give him an undisclosed amount of money. He was described as being a 5 foot male weighing about 100 pounds. He had stated that he had a partner waiting outside and the bank surveillance camera caught an image of a blue Dodge Ram with custom rims in the parking lot that they believe was the getaway vehicle. The bank was robbed at the same time last year by a similar looking suspect and they will now offer $10,000 for any information relating to the suspect or the robbery.

It is amazing to me that even with all the security the bank has, people can still rob them. Whether in Laguna Hills, Irvine, Fullerton or Newport Beach, most banks have tons of surveillance cameras and secret panic buttons and even a security guard, but people still are brave enough and able to rob them. It will likely just be a matter of time before these suspects are caught. A $10,000 reward for information is tempting for anyone who knows anything about the suspects or the robbery. The bank robbers will likely face plenty of prison time once caught.

Continue reading →

by

Two juveniles, one 17 and one 13, were shot on a street corner after a green car pulled up to where the boys were standing, exchanged words with them, and then opened fire.

The boys were wounded, but survived. The shooters fled the scene. This sounds like a classic gang “hit-up”. It goes something like this: Car pulls up in “enemy” territory, window rolls down.

SHOOTER: “Where you from?”
VICTIM: “I ain’t from anywhere”
SHOOTER: “F___ YOU!” (shout name of own gang-fire weapon-drive off)

Very likely then, this is a case of a young gangster earning his stripes for his gang. A drive-by comes in many forms. The police and the DA treat most people charged with gang crimes as all the same. That is a mistake. Many of the people involved with gangs know each other from the neighborhood where they grew up. Many join the gang because to avoid doing so means getting beaten up repeatedly, or worse.

Gang police officers spend a lot of time making contact with kids in tough neighborhoods. They document their contacts through “F.I.”, or field interview, cards, recording date and time of contact, nature of the contact and any statements or admissions by the suspected gang member. After a few contacts the alleged member will get “stepped”, meaning the police will advise him that in their opinion he is a gang member and could be charged with a variety of crimes that are gang-related, in the future. These FI cards and STEP notices are used by the DA in their prosecution of suspected gang members.

An experienced Orange County criminal defense attorney who handles gang cases will look to distinguish his client from the gang and look to see if law enforcement had already decided that the suspect was a gang member even before the incident, thus carrying a bias against that person.

In Orange County, whether in Fullerton, Westminster, Garden Grove, Santa Ana or Tustin, a conviction for conduct such as this can sometimes carry a life term in prison.

Continue reading →

by

A Huntington Beach couple were terrorized Wednesday afternoon when robbers broke in with handguns and stole a shotgun and some marijuana plants. The police are continuing their investigation into the crime.

What makes this interesting is what was taken. It may be that the victims become defendants since they would have admitted to possessing a large number of marijuana plants, unless they had a prescription to cultivate it for personal use. Medical marijuana is not legal in all states and can only be prescribed by physicians.

The robbers additionally stole a shotgun and a handgun that belonged to the Huntington Beach couple. If the residents of the home do not have a gun permit, they may face criminal charges.

Whether this robbery occurred in Newport Beach, Irvine, Westminster or Fullerton, the defendants would be facing serious prison time.

Continue reading →

by

Over twenty years after the strangulation of an Orange County woman by her alarm clock cord, Wendell Lemond was convicted of murder. On August 5, 1985, Lemond went into the then 20-year-old, Catherine Tameny’s apartment and strangled her and tied her two year old son up with electrical tape. The motive was unclear but authorities think there might have been a sexual assault or rape before the killing. The suspect was unknown at the time, but through DNA evidence, Lemond was found to be the suspect and was arrested in July 2007. Lemond likely faces 25 years for the murder he committed.

DNA evidence has just recently began appearing in courtrooms. Over the last 20 years, the forensic science field has grown tremendously and DNA evidence has been a huge tool used to solve unsolved murder cases. It is a testament to the importance of the field that DNA collected from the body of the victim 24 years ago was able to be tested and the suspect was found, charged and convicted.

Continue reading →

by

A Tustin couple were arrested yesterday for possessing over 100 marijuana plants after an anonymous tip led police to their home. Police found a grow room, with over 100 plants, lights, and irrigation system in place.

The police said when they went to the house they could smell marijuana. They also found some firearms inside and what looked like a bomb.

Several issues jump out on this story. First, the police said they smelled marijuana. An Orange County defense lawyer will want to examine the location of the plants to see if they could have given off an odor detectible by someone. It’s possible that the police used dogs to alert upon the scent of the plants, but either way, it will be an issue to litigate in court.

Another question is whether the suspects were growing for a marijuana/pot cooperative. It’s likely that the charges will be filed in Santa Ana Superior Court as felonies.

Continue reading →

by

Joshua Fry was coached into answer recruiter’s questions when he enlisted in the United States Marine Corp. according to his defense attorney. Fry was convicted of possessing child porn and has spent the better part of a year in the brig.

Rep. Loretta Sanchez is looking into the matter since she’s the head of the Military Affairs subcommittee in Washington. What is troubling about this case is that the Marine Corp may have been able to do something about this young man’s problem long before criminal charges were filed against him. The recruiter picked him up from his group home and brought him to the recruiting station.

Anyone caught possessing child porn in Orange County can look forward to the possibility of registering as a sex offender for the rest of their life, along with jail time and the ruination of their reputation. Child porn possession has been thought to be a precursor crime to molestation. That is why this story is important. Fry was caught, but suffered unnecessarily because of a overzealous recruiter. Whether your case is in Orange County, be it Newport Beach, Santa Ana, Fullerton or Westminster, having a qualified criminal molest attorney is a good idea.

Continue reading →

by

Orange County jurors listening to a murder for hire plot will decide whether 58 year old Sandra Jessee conspired with her son to kill her husband, who was ailing with cancer.

She allegedly gave the hitman $5,000.00 in a Placentia parking lot a year earlier with a total payment of $50,000.00. The hitman has since plead guilty to voluntary manslaughter and has cooperated with prosecutors.

It will be interesting to note whether and how the alleged hitman testified at trial. If his credibility was called into question, jurors would have to decide what weight to give his version of events and might even toss out whatever version he offered. If they did that, it would be devastating to the prosecution. If they believed him, the defense would have a hard time overcoming that version of events.

A skilled defense attorney doesn’t wait for the facts to come to him. He develops them out of the discovery he’s given, the investigation he does, and the arguments he crafts from all his preparation.

An experienced Orange County criminal lawyer knows that most trials don’t come out the way the prosecution intends them. Witnesses fold up like a lawn chair on the stand, or they take a powder and never show up at all. We’ll see what the jury says when they return a verdict.

Continue reading →

by

Osiris Abenoja is bringing a claim against the DA’s office and Garden Grove Police for keeping him in jail for over three months while they figured out they had the wrong guy.

Abenoja was accused of robbing four banks in Anaheim, Garden Grove and Fullerton as the “Armed Clown Bandit”. DNA tests proved he wasn’t the bandit. The DA then asked a judge to release him. DNA has proven vital to criminal defense attorneys in freeing their clients over the last ten years or so.

A Huntington Beach resident, Abenoja is seeking damages in excess of $10,000. It’s likely the police and DA will deny the claim, setting the stage for a lawsuit. A good Orange County Criminal Attorney would seek to have the DNA results tested as soon as possible to see if a true match existed. Frequently, there are mixtures that can confuse the evaluator as to whether the suspect’s DNA is in the sample.

Continue reading →