California Criminal Defense Blog

California Marijuana Law Differs for Users versus Sellers

2008-05-15T21:09:30Z

Marijuana law in California could be described as unusually lenient when it comes to casual users, and rather draconian as to sellers and distributors.

A casual user caught with under an ounce is charged with Health & Safety Code 11357 : Marijuana Possession. The maximum sentence for the offense is a $100 fine, plus county penalty assessments. But the person convicted could not be put in jail. Compare this with cocaine possession, which can land a person in the joint for 3 years.

The situation changes if the person is charged with Marijuana Possession for Sale under Health & Safety Code 11359 . If convicted, he faces probation, fines and up to 3 years in state prison. If the person is caught for sale of marijuana under Health & Safety Code 11360 , the prison term can be up to four years.

Finally, for cultivation of marijuana one can be convicted of Health & Safety Code 11358 . This offense carries up to 3 years is state prison. But California marijuana law makes an exception for someone who grows just a few plants for medical purposes.

The aim of the law is obviously to punish growers and sellers severely, but give casual users and possessors just a slap on the wrist. But if the substance is benign enough that it doesn’t warrant going after simple users, why do we invest enormous resources going after the suppliers?

Attorney Gabriel Dorman Joins Neil Shouse & Associates

2008-05-09T18:25:38Z

Los Angeles Criminal Defense Attorney Gabriel Dorman has joined the Southern California law firm of Neil Shouse & Associates. Gabriel Dorman brings 12 years of experience practicing criminal defense law throughout Southern California. He is familiar with courts from Beverly Hills to Banning.

Mr. Dorman has handled literally thousands of criminal matters, from simple misdemeanor DUI to Penal Code 288 Lewd Acts with a Minor to First Degree Murder.
He has enjoyed a string of successful jury trial results, ending in acquittal, hung jury or case dismissal.

Although attorney Dorman will be based out of the firm’s Los Angeles office, he will be working on cases and advising clients in other areas such as Orange County, Riverside, San Bernardino and Ventura.

Baltimore Case: Miranda Rights Need Not Be Verbatim To Count

2008-01-30T16:00:00Z

State attorneys are celebrating after the Maryland Supreme Court ruled that a detective who told a murder suspect she could “get a lawyer at some point” if she could not afford one now did not misstate her Miranda rights. Just because the detective did not state the Miranda warning verbatim does not mean that he violated the rights of the suspect, according to the Supreme Court. They cited a California ruling that an officer need not “incant” the Miranda warning verbatim.

What does this mean for people who are pulled over and read a non-verbatim version of the Miranda warning? Essentially, if the content of the Miranda rights is intact, the form does not matter in the eyes of the law. But do the Miranda rights really protect you against statements you make to incriminate yourself? Unfortunately, they do not always do so. Even if you confess or incriminate yourself prior to a police officer’s reading your rights, that evidence may be presented at trial if the officer can prove that they would have been able to discover it without your help.

Ultimately, “polite but silent” is a good rule of thumb when you are under police custody. It may make you appear guilty or suspicious, but in order to avoid incriminating yourself, it is best to have an attorney present during all police interrogations. A good criminal defense attorney can make sure you are protected against self-incrimination, and can reassure you during intimidating interrogations.

Under arrest? In need of a competent and caring California criminal defense attorney? Look no further. Neil Shouse & Associates has a track record of strong criminal defense and the resources it takes to win at trial. Do you have a criminal defense case? Call today for a free, confidential consultation and more information on our services.

Murder Witnesses Called Into Question

2008-01-28T16:00:00Z

Prosecutors thought the father and son who witnessed a California Highway Patrol officer’s murder could be the key to a guilty verdict for suspect Columbus Allen, but credibility issues are calling their testimony into question. The Modesto Bee reports that Christopher Hicks and his son Dujuane both have “credibility issues”; Dujuane faces his own charges of murder in a recent arrest, and Hicks was known to have possessed weapons and drugs in his home.

A discovery dispute is raging between the District Attorney and Allen’s legal defense, who have requested additional information on registration papers held by the defendant at the time of the murder and other documents. The DA is saying that this information has either already been transmitted or is not appropriate for the defense’s review; Allen’s defense team is accusing the DA of withholding vital evidence for its own purposes.

These issues only underscore the importance of having the right witnesses and effectively fighting for appropriate documentation in a criminal defense case. The discovery battle might seem dry and laden with procedural issues, but evidence is at the heart of every criminal case. The right documentation could make or break a defensive strategy, and it’s up to the savvy criminal defense attorney to fight for documents that are being withheld by the District Attorney and other offices with a strategic eye for detail and a “never-give-up” attitude.

The California criminal defense lawyers of Neil Shouse & Associates are experts in discovery issues, witness selection and other fine points of criminal defense. We fight for our clients – and we win. And our track record, resources and experience aren’t our only asset – after all, we offer compassion and exemplary customer service to each and every client. Looking for a criminal defense attorney? Call Neil Shouse & Associates today to find out if our hard-hitting services are right for you.

“Atonement” And Criminal Defense

2008-01-26T16:00:00Z

The romantic epic film “Atonement” is sweeping the box office and the awards ceremonies, recently picking up a Golden Globe Award for Best Drama. What does this have to do with criminal defense? A lot, since the story behind “Atonement” highlights the damning power of words.

The story at the center of “Atonement” deals with a young girl who, misunderstanding what she sees at a family party, accuses a young man of raping a houseguest. Her accusation sets in action a chain of events that leads to the defendant serving time in prison, leaving only to be killed during World War II. The girl’s accusation makes sense at the time and is an accurate statement of her understanding of events. But the defendant’s inferior place in the family and the social stigma of rape force him into jail for a crime he didn’t commit, tearing apart a family and ultimately costing him his life.

All too often, a single accusation, whether out of malice or just misunderstanding, can set a criminal case into motion. Police must have an accusation to work off of, and “he said” versus “she said” can be pitted against one another in criminal court. Because of the many ins and outs of evidence, testimony, hearsay and criminal claims, it’s vital that a defendant who is accusing himself against false claims hire the best possible criminal defense attorney to help stay out of jail and keep his good name unsullied. Often, a good criminal defense lawyer can use legal procedure to his or her advantage, bargain down a plea, or get a case dismissed outright when outlandish and unsubstantiated claims are involved.

The attorneys of Neil Shouse & Associates are committed to each and every client. We offer a compassionate ear, unfailing customer service, and a track record that shows our ability to fight and win criminal defense cases. Have you been falsely accused of a crime? Don’t hesitate – call our offices today to find out how we can help.

Marion Jones Convicted – Why You Need A Criminal Defense Lawyer Every Step Of The Way

2008-01-24T16:00:00Z

Marion Jones’ recent conviction and sentencing to six months in prison for lying to investigators about her use of steroids and performance-enhancing drugs highlights yet another reason why people who run into criminal situations need a competent and skillful criminal defense attorney to partner with them every step of the way. Jones, who is a five-time medal winner and world-class track and field athlete, has had her career devastated and her reputation destroyed by revelations that she lied to New York and California federal law enforcement agents about her use of performance-enhancing drugs.

While a criminal defense lawyer of course could never have undone Jones’ history with steroids and other drugs, he or she could have advised Jones through her testimony, overseen her participation and helped her to avoid self-incrimination. Though Jones would doubtless have faced charges anyway due to her use of drugs, she could have avoided her current harsh sentence by telling the truth and cooperating with authorities, even brokering some kind of plea deal through her lawyer in order to keep her out of jail. Instead, Jones will spend six months in prison, away from her two young children.

The right criminal defense lawyer can’t undo the past. What they can do, however, is help you through every step of the criminal process. Criminal proceedings can be intimidating and complex. You owe it to yourself to seek a lawyer who can conduct a thorough investigation of all charges, bring in appropriate expert witnesses to defend your innocence, and who knows enough about the system to be able to navigate it with ease and skill. A defendant and his or her criminal defense attorney are truly partners as they seek to uphold the defendant’s personal liberty. Are you looking for your partner in criminal defense? Call Neil Shouse & Associates today for a free telephone consultation to review your criminal case.

San Francisco Zoo Highlights Question of Criminal Negligence

2008-01-22T16:00:00Z

After the tiger attack that left a 17-year-old zoo patron dead and injured two of his friends, the San Francisco Zoo will have an uphill legal battle to face if lawsuits are in fact filed in connection with the attack. Though it’s likely the legal battle will be fought entirely in civil court, the question of responsibility for the tiger attack brings to light relevant questions of criminal negligence that are faced by California criminal defense lawyers on a regular basis.

What is criminal negligence? In essence, criminal negligence occurs when a property owner or responsible person fails to uphold a standard of care to a person to whom they owe a duty of care, causing that person harm or death. The breach of standard of care must generally be extreme for the negligent action to constitute criminal negligence. The person must fail to see that a person in reasonable circumstances would act with a higher standard of care and must act in a way which causes harm to another person. Criminal negligence is usually expressed in charges such as manslaughter, in which there does not exist an intention to kill per se, but where death occurs due to a person’s gross negligence. If a zookeeper at the San Francisco Zoo were accused of criminally negligent manslaughter, the prosecution must be able to prove without a doubt that the injury occurred due to the zookeeper’s failure to act to protect the patron to whom he had a standard of care.

The many complications of criminal negligence are too lengthy for any blog entry, but suffice it to say that a charge of manslaughter or other criminal negligence is extremely serious and carries with it dire consequences such as imprisonment, hefty fines, the possibility of a civil lawsuit, and long-lasting effects on the defendant’s life and reputation. That’s why it’s so important to find a California criminal defense attorney with the skills and resources it takes to investigate your case and represent you at trial. The lawyers of Neil Shouse & Associates have years of experience in criminal defense. Have you been accused of a crime? Contact us today for a free, confidential consultation to find out if our criminal defense services are a good match for your case.

Pretext Calls – What You Need To Know

2008-01-16T16:00:00Z

News that United Kingdom law enforcement officials are set to begin trying to make rape suspects incriminate themselves via telephone or text message means there’s no time like the present to review pretext calls. This self-incriminatory tactic is often used by California police early on in rape cases, and you need to know how to protect yourself against the dreaded pretext call.

What is a pretext call? It may be from a friend, stranger, child, adult, or old acquaintance. Generally, the person will call and start asking questions about old accusations or events in an attempt to get you to say something self-incriminating. For example, the person might be an old girlfriend who brings up a situation that could be construed as date rape. If you apologize or acknowledge the incident on tape, even if it’s an incident you did not feel guilty of or involved in, the tape could be used as evidence at trial. Pretext calls are an extremely controversial police tactic, but uninformed people are often sitting ducks for this form of self-incrimination.

If you receive a suspicious phone call you believe may be a pretext call, be polite but firm. Refuse to answer questions or engage the caller in a conversation. Hang up as soon as possible and call your criminal defense attorney. The right criminal defense lawyer can help defend you against self-incriminatory statements recorded during pretext phone calls.

The lawyers at Neil Shouse & Associates are experienced in the field of criminal defense. We have what it takes to fight your battle and keep you out of jail. Have you received a pretext phone call? Are you accused of a crime? Don’t act alone. You need an experienced criminal defense lawyer to help protect your rights and freedoms. Act now – call Neil Shouse & Associates today for more information and a free phone consultation.

California Hit and Run Law in the News Lately

2007-12-19T17:41:54Z

Brittney Spears’ recent prosecution for Hit and Run in Los Angeles has drawn attention to the duties of a driver following an accident.

California has two hit and run statutes. Vehicle Code 20001 defines felony hit and run as fleeing the scene of an accident in which a third party is injured. Vehicle Code 20002 defines misdemeanor hit and run as fleeing the scene of an accident that causes property damage only, no injuries.

]]> The difference between the two laws lies primarily in the penalties. The misdemeanor statute carries only up to six months local jail time. Violating the felony hit and run statute, however, can land someone in California state prison for three years or longer.

In any case, a person’s responsibilities following an accident are fairly straightforward. The driver must stop immediately and provide the other parties with his name and vehicle registration. If another party is injured, one must provide aid and assistance in addressing the injuries. Failing to do take these measures subjects one being charged under the hit and run laws.

This is a common crime in California, with thousands of prosecutions each year. Usually the case is resolved with the offender serving probation and paying restitution to the other party. In more serious cases, however, the offender may do substantial time in custody.

The case of Genarlow Wilson

2007-11-19T18:32:24Z

The case of Genarlow Wilson is provides yet another reason that the general public should never blindly trust the government. This is true regardless of how strongly state legislators emphasize that their main goal is to protect their constituents from injustice and cruelty, including those constituents who happen to be accused of committing a crime.

Genarlow Wilson was convicted by a Georgia jury of aggravated child molestation for the crime of receiving oral sex from a consenting 15-year-old at a New Year’s Eve party. For this action, he received a mandatory state prison sentence of ten years, of which he served two. One of the ironies here is that, according to the applicable laws in Georgia at the time, if he had had sexual intercourse with the consenting 15 year old, he’d be facing only a misdemeanor. The other irony is that the state intervened and changed the law, defining underaged, consensual oral sex as a misdemeanor, but refused to grandfather Genarlow Wilson in. So he sat in prison.

Finally, on October 26, 2007, the Georgia State Supreme Court ruled that Genarlow’s 10-year term amounted to “cruel and unusual punishment,” and he was released after serving two of his 10 years in prison.

This is a very straightforward illustration of the peril of trusting the government in an unchecked fashion. I have been practicing criminal defense for nine years, and the assumption is always that the state is righteous, and my client is dreadfully in the wrong. Whether this is true or not is irrelevant; the important part to remember is that thorough, consistent checks on the state are the only way to ever come close to having a fair criminal justice system.

Mike Nifong and The Duke Lacross Case

2007-11-18T18:32:24Z

Durham District Attorney Mike Nifong stated publicly that a small group of lacrosse players from Duke University raped a woman. After putting these young men and the University through a living hell, it was Nifong who was the ultimate wrong doer. He has had his bar license taken from him and he, himself, is facing criminal charges. Don’t fool yourself. The Nifong problem is not isolated to Durham, North Carolina. Quite often, I find reasonable doubt that is clearly obvious in a court file provided by the prosecutor; however, the young and inexperienced prosecutor, fueled by their need for trial experience and/or directed by a supervising district attorney looking to make a name for him or herself pushes the case to trial. Regardless of what the underlying reason is, the issue is people’s lives. Things happen. People make mistakes, whether they are the a private person or public employees like law enforcement detectives, police officers and/or criminalists. D.A.’s should focus on the facts. If there is a questionable issue in a case the case should be either dismissed or reduced to give a wake up call to a person who MAY have made a mistake. What shouldn’t happen is a case being pushed to trial when the facts are questionable or reasonable doubt exists from the facts. Either way, if you are the unlikely sole looking at criminal charges, you better be ready to fight like hell.

Right To Remain Silent

2007-11-14T18:32:24Z

Your right to remain silent is probably one of the most well known rights we enjoy as Americans; yet, at that time when that right is most important, nobody asserts it. In fact not asserting and remaining silent is better than giving a false statement thinking that is going to get rid of the cops. It’s just not true. Your right to remain silent rises and falls with you everyday. The belief that the more you cooperate by way of giving all the facts surrounding your pending arrest just following the very arrest that triggered the police contact is a risky idea. If you may be guilty of something, most likely those cooperative statements are going to bring you down by a DA or jury. If you think it is a good idea to lie than you may have been better with the truthful, cooperative statements when you get to jury and the different jury instructions you could run into. The best thing to do is exactly what the right says you can do: Remain silent; yet, polite about it!

Former Orange County Church Pastors Decline DA’s Plea Deal

2007-11-11T19:39:24Z

Two former pastors of an Orange County church turned down a plea deal to serve a three-year prison term on charges of grand theft and conspiracy to commit fraud. According to an article in The Orange County Register , Richard and Philip Cunningham – father and son – turned down a plea bargain on the felony counts for which they could’ve faced up to six years in state prison.

Richard Cunningham was the founder of the Calvary Baptist Church of Yorba Linda in 1971 and his son, Philip, became the church’s senior pastor about 12 years ago. Both pleaded not guilty to the felony counts and a trial date is yet to be set, the Register reported.

However, this is not the Cunninghams’ last chance for a plea deal. The judge in this case has asked for a report from the county Probation Department, which will present the bulk of the evidence in favor of and against the two former pastors. For example, it could contain statements from those who support them as well as those who consider themselves their victims. When this report is presented at the next pre-trial hearing, both sides will have one more chance to work out a plea deal.

Prosecutors allege that the two have taken more than $3 million from the congregation and a school that is affiliated with the church. According to the article, the Cunninghams have since returned that amount of money to the church. Defense attorneys maintain that the losses that are being alleged are highly inflated and this is an attempt to take advantage of the Cunninghams.

An allegation of fraud or grand theft, as in this case, could have extremely serious repercussions including prison time. Our Orange County Criminal Defense attorneys take the time to listen to your side of the story. We conduct our independent investigation thoroughly. We have former prosecutors and former police investigators on our side. These are people who know how a prosecution compiles its case and what facts and details are missing or weak in that case.

If you or a loved one has been charged with a grand theft or fraud, call us for a free consultation. We will schedule an appointment to meet with you right away and find a way to get you the best possible result, be it reducing the charges, fines/penalties or getting you acquitted.

Not Guilty Plea Entered In Fatal San Fernando Valley Road Rage Crash

2007-11-09T19:39:24Z

Two men have pleaded not guilty to charges that they caused a fatal San Fernando Valley road rage crash that killed a 5-year-old boy and seriously injured the boy’s mother and infant sister, according to an article posted on KCBS TV’s Web site .

Brian Barnes, 44 and 19-year-old Armando Ayon both face one count of murder and vehicular manslaughter and three counts of reckless driving, the article states. In addition, officials have charged Barnes with three counts of leaving the scene of an accident. The Oct. 9 incident reportedly began when the two men got in a fight as they were each driving in their respective vehicles.

Suddenly, they started driving erratically and were weaving in and out of traffic at a high rate of speed – reportedly between 50 and 90 miles per hour, all the time trying to cut each other off, police said. The incident came to a tragic end when Barnes suddenly hit the brakes and Ayon in an attempt to avoid his vehicle, slammed into the rear of a parked car. That car in turn plowed into another vehicle crushing the boy, Ayman, his sister Ikra Arif and their 31-year-old mother, Syeda Arif, officials said.

The injured were then transported to a local hospital. Ayman died and his mother and sister reportedly suffered critical injuries. Both men are being held in lieu of $1 million bail. There is no question that these are grave charges and if convicted, both men face some serious prison time.

The best thing anyone charged with a serious traffic-related crime or driving-related crime can do is to hire an experienced and knowledgeable criminal defense attorney who can thoroughly investigate the case including detailed reconstruction of the accident. We are in a unique position of successfully handling vehicular manslaughter cases both as prosecutors and defense attorneys. We also work with some of the top collision and alcohol experts in the state. We have former district attorneys and former police investigators on our team.

If you or a loved one has been charged with a Southern California driving-related crime call us for a free consultation right away. We have one goal and that is to get you the best possible result on your case and keep you out of jail.

Teen Arrested On Suspicion Of Hacking Orange County’s 911 System

2007-11-06T19:39:24Z

A 19-year-old man from the state of Washington was arrested recently and faces numerous felony charges including those involving illegal computer access of Orange County’s 911 System, according to a news report posted on the NBC Web site .

Snohomish County resident, Randall Ellis, is believed to have gotten into the Orange County’s 911 System and placed a false report of a fatal shooting and threats at a couple’s Lake Forest residence. Ellis was 18 years old when he allegedly pulled this out-of-state prank, reports the article. Ellis’ actions reportedly resulted in a SWAT team being dispatched to the Lake Forest home and causing the couple to be put in harm’s way. Authorities also believe Ellis to be responsible for more pranks in other states that were also 911 response related.

Prosecutors are obviously taking this prank very seriously. Ellis being currently held without bail and Deputy District Attorney David Demurjian promising to seek a bail amount of at least $500,000. Ellis, if convicted, could be looking at spending up to 18 years in prison.

People tend to pull such pranks possibly with a false sense of security and the belief their actions will be untraceable. But that almost is never the case. Farrah Emami of the D.A.'s office points out in the article that the origin of Ellis’ false report was traced back using forensic computer technology by the investigators from the district attorney's High Tech Crimes Unit and sheriff's investigators.

High tech or computer crimes are serious offenses. Those alleged of hacking into bank and credit card accounts and other databases containing people’s private information stand to face many years in state or federal prison – depending on who indicts the suspects. At the same time, these are complicated crimes. Many times, it’s not as black and white as the DA makes it out to be.

There are gray areas and it takes an experienced criminal defense attorney, who has both the experience as well as the technical and investigative expertise to get to the bottom of these cases. If you or a loved one has been charged with a computer crime or a high tech crime, it would be in your best interest to contact a Southern California criminal defense attorney who specializes in these types of crimes. It could make the difference between an acquittal and doing hard prison time. Call us right away to discuss your case.