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Disparity in Sentencing Between Federal and State Courts

For many years we have been hearing about harsh sentences handed down in federal courts for non-violent drug offenses. Even after the Federal Sentencing Guidelines became discretionary instead of mandatory, sentencing for federal drug crimes has been very harsh compared to state court sentences for similar offenses. Mandatory minimum sentences have remained in place in the federal system, even after doing away with the mandatory sentencing guidelines. Most people are not aware that sentencing can be even more disproportionate in other areas of the law. Specifically, crimes involving human trafficking have become the crime du jour of late. Rightfully so, selling, …

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Prostitution: Beware of a Crime Involving Moral Turpitude

Many people, myself included, feel that prostitution should be legalized, regulated, licensed and taxed. Maybe one day that will happen in our fine state. However, the federal government views this crime much differently than the state. Because prostitution under California Penal code Section 647 (a) is a crime involving moral turpitude or CIMT, it could be cause for deportation, denial of naturalization or denial of re-entry into the United States for a non-U.S. citizen. What Are the Consequences? That’s alright, we say. Here in Los Angeles and in other locations, there are diversion programs for prostitution. I can plead guilty to …

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Two LA Deputies Charged With Beating Handcuffed Inmate

I am going to start this blog by saying that I am NOT a cop hater. I worked for a small police agency while I was in college and that was one of several experiences that tended to spark my interest in criminal law. In law school I worked for a local criminal prosecutor and am still friendly with some of the people I met and worked with decades ago. I believed then, as I still do today, that most police officers are generally good and honest people who are working at a difficult job. As a defense attorney it …

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Sea Shepherd Captain Paul Watson Comes to Ground Without Arrest

Paul “The Captain” Watson was not arrested this week as he came on land in Los Angeles, California after 15 months at sea. Watson, who appears to be the head of an ocean going environmental group known as Sea Shepherd, gained worldwide notoriety after his group was filed and the film became a successful series on the Animal Planet called Whale Wars. Normally, this is not the type of story I would write about, but one of The Captain’s former staff and crew members is currently working as my private investigator. When I asked my PI about the article, he indicated that …

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2000 Pounds of Pot Seized in Boat off Santa Barbara

18 people were arrested and 2,000 pounds of marijuana were seized after a boat landed on a quiet Santa Barbara Beach Friday. Law enforcement officials said the boat was first spotted by a group of national guardsmen. The tip was turned over to Santa Barbara Sheriff’s who made the bulk of the arrests with the help of some other law enforcement agencies. Federal authorities later located a truck which was tied to the bust and led to additional evidence and arrests. Many of the suspects were thought to be from Los Angeles County. Identitites of the subjects were being withheld pending filing …

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Topless Activist Jailed and on Hunger Strike

Topless Activist to Die in Jail? Not Likely. Phoenix Feeley is in jail in Monmouth County New Jersey for not paying a fine she was assessed back in 2008 after she was cited for going topless in a lakeshore area. Who is Phoenix Feeley you ask? And why is this lawyer in California blogging about her? Feeley is described in the media as a “topless activist”, although my career counselor never gave me that category as a potential career choice. Maybe she didn’t think I had the body for it. In any event, Phoenix refused to pay her fine and …

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Medicare Fraud Suspect Arrested at LAX

One of Medicare’s most wanted fugitives was arrested today after he voluntarily flew back to Los Angeles from South Korea. Won Suk Lee, a Huntington Park acupuncturist, was said to have fraudulently billed Medicare over 2 million dollars for services which they do not cover. Lee is reported to have actually been paid over one million dollars for the services he billed. My question is why did the government pay the bills for services which they are not supposed to cover? My hope is that the bills were in fact fraudulent bills which described services which should be covered by …

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Los Angeles Comedian Arrested After Missing Court Date

I’ve never heard of Katt Williams, but after reading about his situation, I thought I would write a fews words. It seems that Mr. Williams is a comedian who lives in Los Angeles and has had several issues with the law in recent months. He has lost custody of his children, has been arrested for guns and drugs and most recently missed a court date in Sacramento, California for a serious offense. Katt was out of $105,000 bail for felony evading arrest (Vehicle Code Section 2800.2) and misdemeanor reckless driving (VC 23103). Evading arrest is punishable by a mandatory minimum …

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Border Control Corruption

Two former US Border Patrol agents were found guilty of human smuggling. Raul Villarreal and his brother Fidel Villarreal assisted in the smuggling of immigrants on foot across the border in the backcountry east of San Diego. Over a two year period, the brothers would pick up immigrants and drive them into the US in their official government vehicles. Immigration and Customs Enforcement estimate the brothers brought roughly 500 immigrants into the US during this period, generating up to $4 million in profits. If you know someone who has been accused of a crime or have questions regarding aliens or …

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Police Investigation Yields 33 arrests in Gang Sweep

A yearlong police investigation targeting the Eastside Anaheim gang resulted in 33 arrests of various criminal activities including drug trafficking and possession of firearms. Anaheim has seen a rise in police shootings this year and attribute the violence to gang activity. The investigation, named Operation Halo consisted of more than 250 officers raiding over 50 locations in the Anaheim area. Local residents voiced fear as police barged into homes in the quiet neighborhood near the 91 freeway. Residents spoke of police ransacking their homes, being handcuffed and having property seized from the home. If you have questions about this or …

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Outlaws Motorcycle Club Raided in Indianapolis

42 people were arrested yesterday as federal agents executed warrants on members of the Outlaws Motorcycle Club in Indianapolis, Indiana. Seized along with the members were dozens of guns, cash and several motorcycles. The arrests came after a lengthy inditement was filed against members of the Outlaws. The indictment alleged activity such as drug trafficking, gambling, insurance fraud, money laundering, witness tampering and extortion. The charges were so widespread that every member of the Indianapolis Chapter of the Outlaws was arrested in the raids. In addition to Club members, club “associates”, and several others were also arrested. The investigation was …

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Pill Pushers Beware, The DA’s Office and the DEA may be Watching You

I was recently contacted by the Los Angeles Area Drug Enforcement Administration or DEA. Special Agents on a task force dealing with physicians over-prescribing pills called me because they wanted to talk to one of my clients. My client, who is under doctors care for chronic pain, has been getting prescription pain medication for many years. Although my client has done nothing wrong, DEA agents are investigating my client’s doctors in an effort to determine if certain doctors are over-prescribing drugs. Many of us are familiar with the recent trial of Dr. Conrad Murray. However, we may not be aware …

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Barry Bonds Gets House Arrest and Community Service

Home run record holder Barry Bonds was sentenced in Federal Court to 30 days house arrest, 250 hours of community service and a small fine after his conviction for obstructing justice. The Assistant United States Attorney who handled the sentencing, Matthew Parrella, was very upset at what he considered a light sentence and fine that was almost laughable. United States District Court Judge Susan Illston, who presided over the Bonds trial and sentenced him indicated that because much of his earlier testimony denying steroid use was out of the public eye, she viewed his actions as less serious and used …

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Judges Cannot Increase Sentences in Order to Send Inmates to Rehab

The Supreme Court says that judges cannot give longer sentences to convicted felons just so they may be sent to a rehabilitation program in custody. In a 9-0 decision, the U.S. Supreme Court stated that judges could not increase a defendant’s sentence just so the Federal Bureau of Prisons could fit them into their 500 hour drug treatment program. It has long been known that an inmate who participated in the Fed’s 500 hour in custody drug treatment program could earn time off the end of their sentence for successfully completing it. For this reason and hopefully for treatment purposes, …

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