The United States Supreme Court just, or should I say unjustly, ruled that crime suspects must affirmatively invoke their Miranda rights in order to afford themselves the protections under the landmark decision in Miranda vs. Arizona.  What this means to the average Joe is that instead of simply refusing to speak, a defendant, who is in the custody and law enforcement and subject to interrogation, can no longer simply remain silent.  He or she must now say something like “I want to talk to my lawyer”, or at least, “I don’t want to speak to you”, in order to stop …

In a landmark decision effecting over half the states, the United States Supreme Court voted 6-3 saying the states cannot sentence juvenile offenders to life in prison without the possibility of parole unless the conviction involves the offense of murder. In reaching the decision, the court considered the laws of many of countries when they reasoned that juvenile offenders are entitled to have at least some real possibility of rehabilitation and release from custody for offenses other than murder. While a representative from the District Attorney’s Association suggested this decision was a “get out of jail free ticket” for juvenile offenders, the Justices created …

The Los Angeles City Attorney charged Ralphs grocery stores with multiple counts of overcharging their customers.  The Los Angeles County Department of Weights and Measures recently conducted an undercover investigation of Ralphs Grocery Stores and Ralphs failed miserably.  As a result, Los Angeles City Attorney Don Cocek filed multiple charges against Ralphs for overcharging their customers. By the way, this is not the first time this has happened. Here is how it works:  The store gets caught overcharging and criminal charges get filed.  Nobody goes to jail, but the store agrees to plead guilty and pay a fine for the violations.  In the last …

Another “Bling Ring” defendant plead no contest to the residential burglary of actor Orlando Bloom’s home.  Alexis Neiers, who the media describe as a reality star, had previously denied knowledge of the burglary indicating she was present but too intoxicated to know what was going on.  I’m glad her defense attorney didn’t try to sell that to a jury. She appears to have pled no contest to residential burglary, which is a strike under California’s Three Strikes Law.  Her sentence appears to be as follows:  Two years state prison, imposed and suspended,  three years of formal probation, 180 days in county jail, …

In an article that could hardly be characterized as “news” a local newspaper reported that according to a report by the American Civil Liberties Union, there is abuse at Los Angeles County’s Men’s Central Jail. Frankly, I thought this was common knowledge. Seriously though, the ACLU wrote a report covering a twelve month period of time from 2008 to 2009 based on weekly visits to the jail and reviewing numerous inmate complaints. Complaints ranged from assaults by to deputies to more complicated schemes involving other inmates taking direction from deputies. As a criminal defense attorney I understand what a difficult …

Earlier today a Federal Judge dismissed a lawsuit by three Orange County, California residents who contended that a total ban on marijuana dispensaries in certain cities in Orange County violated the American’s With Disabilities Act. Federal District Court Judge Andrew Guilford indicated that marijuana cannot be prescribed under the ADA, thus, the Act did not apply to marijuana. As such, the parties bringing the action were not likely to win at trial and the case was dismissed. It seems to me that an argument under the Equal Protection Clause might have been more successful. For example, it would likely be found …

Actor Randy Quaid and his wife Evi were booked Monday on felony charges of defrauding an inkeeper in Santa Barbara County. They were each released after posting $100,000 bail. My first thought after reading about Mr. Quaid is that times must be tough for him too. However, if he and his wife both posted $100,000 bail, that means they likely payed a bail bondsman 10 percent of that amount or put up the whole amount themselves. It seems to me that they might have been better off paying the hotel bill to begin with. That is, assuming they really owed it. Defrauding …

Do you need or do you know someone who needs to find an attorney in their area? One of the best ways to find an attorney is by referral. If you are looking for a lawyer in a field other than criminal defense, or if you are looking for a lawyer outside of Southern California, feel free to call me or send me an email and I will do my best to help you. Because I have been practicing law in Southern California for over 15 years, I have a lot of resources and contacts to find quality lawyers and other …

July 1, 2010 is the beginning of a pilot project in Los Angeles County where every person convicted of DUI will be required to install an ignition interlock device in their vehicle. For those of you who don’t know what an ignition interlock device is, it is a machine, installed into your car that you have to blow into in order to start and keep driving your car down the road. If the machine reads blood alcohol you will not be able to start or keep driving your car. No problem you say, I can just not drink before I drive. The …

Convicted murderer Ronnie Lee Gardner is facing the death penalty in an Utah state prison. He is asking that his death sentence be by way of a firing squad. I had a few questions after hearing this story. What country are we in anyway? And what type of person makes up the firing squad? In 2010, even in Utah, what sick individual signs up for the job of firing squad member? Personally, I have never seen that entry on a job description: Member of firing squad. I have never been asked in a job interview: Would you be willing to be …