California Criminal Defense Blog

Even though the terms probation and parole are frequently used interchangeably, they are actually quite different. Take, for example, yesterday’s reports about rapper DMX. About half of the media websites reported that the rapper violated his probation, while the other half reported that he violated his parole. DMX actually violated his probation.

The main difference between probation and parole is that California parole laws apply exclusively to convicted felons and only go into effect once the inmate is released from the California state prison. As a “parolee”, the individual agrees to abide by certain terms and conditions, which are monitored by a parole agent.

Probation is also a supervised program, but (1) it applies to both misdemeanors and felonies, and (2) is imposed as a condition of sentencing. If the judge places you on probation, it means that you also agree to abide by certain terms and conditions, but you do so in exchange for either a lesser jail sentence or for no jail time at all. Probation can be formal or informal, depending on whether you were convicted of a misdemeanor or a felony.

If placed on formal probation, you report to a probation officer. If placed on informal or “summary” probation, you simply check in with the court for periodic progress reports.
Violating any of the terms of your probation or parole subjects you to further incarceration under California’s parole laws or California’s probation laws.

R&B singer D’Angelo, whose real name is Michael Archer, was arrested in Manhattan over the weekend for allegedly offering an undercover cop posing as a prostitute $40 for oral sex. D’Angelo is maintaining his innocence and has plead not guilty to the charge.

So, the big question is, will D’Angelo argue that he was entrapped? The legal defense of entrapment is raised almost every time an undercover cop is involved in a case alleging solicitation of a prostitute.

In California, for example, the Los Angeles Police Department is notorious for sending out “decoy” officers to pose as prostitutes. These undercover cops look for “johns” to engage in conversation and to ultimately arrest for soliciting illegal sex.

Under California law, entrapment only refers to situations where a law-abiding person is coerced into committing a crime that he/she otherwise would not have. If the officer simply offered D’Angelo sex in exchange for money, her conduct wouldn’t rise to the level of entrapment. If, however, she appealed to his ego and used flattery to get him to put up the cash, he could absolutely claim that he was entrapped.

Whether the conversation was recorded, whether there were any other witnesses to the alleged conversation, and the specifics of the conversation will all be critical issues in D’Angelo’s defense.

What’s interesting about this case is the fact that these child molestation charges arise out of a series of incidents that took place between 1994 and 1997…which means that the statute of limitations (the time by which criminal charges must be filed) has already expired.

Prosecutors charged Melvin “Shane” Sparks, a judge on “America’s Best Dance Crew” and a choreographer on “So You Think You Can Dance”, with eight felony counts of lewd acts with a child under California Penal Code 288 late last month.

The Los Angeles District Attorney’s Office is relying on a California Penal Code 801(f) that provides that the statute of limitations for certain sex offenses committed against minors may be extended if the following three conditions are satisfied: (1) the statute of limitations has otherwise expired, (2) the crime(s) involved substantial sexual conduct, and (3) there is clear and convincing evidence that corroborates the victim’s allegations. According to the Los Angeles D.A.’s Office, each of these conditions has been fulfilled.

If Sparks is convicted of lewd acts with a child under California Penal Code 288 (otherwise known as “child molestation”), he not only faces imprisonment and substantial fines, but will be required to provide a DNA sample and register as a sex offender for life.

After decades of living on the run, director Roman Polanski began house arrest last Friday. This sentence stems from his 1977 conviction where he plead guilty to California statutory rape, Penal Code 261.5 PC. He is currently serving his sentence in Switzerland, where he must remain in his chalet at all times and is monitored via his electronic anklet. Polanski will remain there until Switzerland decides how to respond to a U.S. extradition request.

Before Polanski fled the country in 1978, he faced a 90-day county jail sentence for his statutory rape charge (also commonly referred to as unlawful sex with a minor). In today’s times, a Penal Code 261.5 California statutory rape charge…under the same or similar circumstances as Polanski’s…would likely result in a one-year sentence.

Continue reading "Roman Polanski on House Arrest for His 1977 California Statutory Rape Charges" »

Doctors pronounced pop star Michael Jackson dead Thursday, just four years after a Santa Maria jury acquitted him of child molestation charges.

In that case, the prosecution charged Jackson with seven counts of Penal Code 288 -- Lewd Acts with a Child Under 14. The judge also allowed prosecutors to bring in evidence of other uncharged allegations of Jackson's inappropriate sexual activity with children.

Early on in the case, legal experts felt that the evidence against Jackson was compelling, and he faced very likely conviction. But after one of the most celebrated and closely-watched criminal trials, a jury acquitted Jackson of all charges on June 13, 2005--almost exactly four years before his death.

The Los Angeles District Attorney’s Office charged singer Chris Brown with felony aggravated assault last month for the high-profile alleged attack on his girlfriend Rihanna that took place in February. News sources reported that he was being hit with a Los Angeles assault with a deadly weapon (otherwise known as AWD) and all went on to say how bizarre that was, given the fact that no one disclosed what type of weapon was used.

Although ADW is typically thought of as requiring a weapon, the law actually reads much broader than that. California’s Penal Code section 245(a)(1) not only addresses assault with a deadly weapon but also refers to any instrument or force that is likely to cause a substantial injury. That is how the felony complaint against the entertainer read – that he used “force likely to produce great bodily injury”.

This is precisely the type of case that leaves people wondering - what qualifies as a deadly weapon? Deadly weapons are defined as weapons, instruments or other objects that are able and likely to cause death or serious injury.

Los Angeles courts have typically held that people’s body parts are not “deadly weapons." Yet they can be used as a basis for this type of aggravated assault charge if they are used in a way that is likely to severely injure another. ADW is simply the “catchall” phrase that is commonly associated with aggravated assault, but it’s only one way to invite the charge.

Mackenzie Phillips, former sitcom actress and star of “American Graffiti,” has been charged with the possession of drugs after she was arrested at LAX, the Los Angeles Daily News reports. Phillips, 48, was reportedly arrested Aug. 27 after she went through a security check at the Los Angeles International Airport Terminal 4 and officials allegedly found illegal drugs and drug paraphernalia such as hypodermic needles.

Phillips has been charged with two felony counts of possession of a controlled substance, heroin and cocaine and one misdemeanor possession of needle or syringe. She is currently out on a $20,000 bail and is expected to be arraigned next month.

Possession of narcotics, recreational drugs or unauthorized prescription drugs is a serious crime in California. But as Southern California Drug Crime Defense attorneys who have successfully defended numerous people charged with drug crimes, we know that many of these cases involve illegal search and seizure – which means the arresting officer did not follow state law when he or she searched your vehicle, residence or person for the drugs. In such situations, it’s extremely difficult for the state to prove to whom the drugs belong.

If you or someone you know has been charged with a drug crime in Southern California, please call Los Angeles criminal defense attorney Neil Shouse to discuss your case for free. We have the background, the experience, the knowledge and the expertise it takes to keep you out of jail and get you the help you need.

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.