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I couldn’t make this up if I tried. Last Saturday, two California farmworkers awoke to a burglar in their kitchen applying spices to a sausage. After using the sausage to attack the victims, the stranger fled with the owners’ money. Police later found the California man wearing only his boxers and socks in a nearby field and were able to identify him as the sausage-wielding perpetrator, since he left his wallet behind at the victims’ house. The full article can be found here.

In what would seem to be an open and shut case for prosecutors has one catch- the sausage tossed away by the fleeing suspect was subsequently eaten by a dog.

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If I’m arrested in Riverside California, do I have to talk to police? The short answer to that question is no. A police officer can stop you, and ask you questions- but you don’t have to respond. Only a judge can force you to answer any questions.

But this brings up a second issue, when is a person under arrest? Because of the many shows on TV like Law and Order and CSI, many people think that an arrest has to include some formal statement by the police like, “you are under arrest,” or “you have a right to remain silent.” But reality is a little more complicated. An arrest occurs when a person no longer reasonably expects that he is free to leave. If, for example, a person is not allowed to leave the scene for an extended period of time, the person may be considered to be “under arrest,” even though those “magic” words are never uttered. If a person is handcuffed, is locked in the back of a police car, or is otherwise kept from leaving, generally the person will be considered to be under arrest—and thus has constitutional protections afforded to them, such as the right to remain silent, and the right to an attorney.

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One Ventura County man seems determined to crash the party at the Playboy Mansion- literally. The Los Angeles Daily News reports that a man crashed his car into the gates of Hugh Hefner’s notorious party palace twice this past week. It is unclear whether Hefner or his three girlfriends were home during the incident, but Los Angeles police reported no injuries, only damage to the gates.

The suspect was arrested and released after the first crash last Thursday night, the police spokesperson said. He then slammed his car into the gates again Tuesday, but fled before police arrived on the scene. Police have not released the man’s name or what may have prompted the crashes, but it’s likely that he’s charged with a felony for his behavior. Comments about this post can be directed to Orange County Criminal Defense Attorney William Weinberg at (714) 834-1400.

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Well, just when all the corporate scandals appeared to have died down, along comes a fairly interesting issue in the Enron scandal. Jeff Skilling, convicted in Houston of fraud for his part in creating bogus off-shore companies to hide Enron debt, has filed a motion arguing that the Federal Prosecutor failed to turn over 400 pages of transcripts of interviews of Andrew Fastow, the former Enron employee who masterminded the off-shoring and cut an early deal with federal prosecutors.

We’ll see if this gets any traction after an appeals court hears it. Meanwhile, Skilling is serving his sentence in a federal prison.

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He may have changed, but he’ll have a lot of time to reflect on what happened. That’s the future (at least 15-17 more years) for Sam Nelson, a drug-addicted kid who killed his neighbor in a vicious attack. Judge Frank Fasel felt there was no middle ground and maxed him out. http://www.ocregister.com/articles/thompson-nelson-fasel-2007781-home-knew
This is the growing and disturbing trend in juvenile law. Treating kids as adults, punishing them as adults. But more and more studies show that kids can’t make decisions as well as adults because their brains aren’t ready to do so. http://www.tresearch.org/headlines/2008Jan_TeenBrain.pdf
Locking kids up earlier and earlier, for longer and longer terms won’t solve the problem. One solution is to provide county governments with resources to study and treat kids earlier in their lives to avoid these crimes from occurring. http://books.nap.edu/openbook.php?record_id=9747&page=107 With any luck, and a realization that incarcerating ever-younger kids isn’t helping, we may be able to treat kids as kids, and help them realize a brighter future.

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Expungements: An overlooked career saver.

I’m often asked to help people out who have made mistakes in their lives, but have moved on, grown up and learned their lesson. They’re wiser now, but face a dilemma: Do they have to disclose a prior criminal conviction? Is there an alternative? Will they lose their job or miss out on a good job opportunity? Here are some strategies to turn a difficult situation into a positive outcome.

1. Help your lawyer help you: If you have any documentation relating to your conviction, however insignificant it may seem, show it to your lawyer. He or she can glean a lot of information that may speed up the process. Understnad that many counties have completely changed their record-keeping systems and will have a difficult, if not impossible time finding your file.

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I’m often asked to help people to clean up their criminal record. There are many options available to the client who wants to put the past behind them and move on to a more positive direction in their lives. I make the following recommendations:

1. Write down as much as you can remember about your conviction so your lawyer can help you. Dates, case number, courthouse, sentence, whether or not you successfully completed probation and whether any fines are due and owing.

2. Obtain a copy of your conviction. This is free to you, simply by driving to the courthouse, giving a clerk your name and other information above, and waiting for a copy to be generated. This will help your attorney understand the details of your conviction and will make it easier for him to guide you through the process.

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So the suspected third killer , Charles Murphy, will be arraigned on capital murder charges in the killing of two members of an Anaheim Hills family.

Back on May 21, firefighters discovered Leela Dhanak unconscious, outside her home. Her home had been set on fire.Later that day police discovered two dead bodies, both burned, near a bike trail in Irvine. They were the sister and father of Leela.

Now Murphy’s lawyer is telling the press that his client is innocent and he expects the charges to be dismissed. What possesses a lawyer to make statements like these mystifies me. If he’s proven wrong, shouldn’t he be held accountable? Let’s hope he hasn’t put his reputation on the line for nothing.

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To do your very best as a defense lawyer you must be guided by a strong desire to serve the constitution. Clients need your help to understand the criminal justice system and how it will affect their case.

The vast majority of people who find themselves in criminal court have never been there, and never will again. Many of them make decisions about their case without ever talking to a lawyer. Those decisions often have an enormous impact on their personal and professional lives.

Much of what a good lawyer does is educate his client, prepare them for the choices they face, and help them make an informed, deliberate decision. This aspect of criminal defense can be very rewarding because it affords the attorney the chance to educate, inform and protect his client all at the same time.