Archive for December, 1969

Merriman Charged with Battery

Wednesday, December 31st, 1969

Domestic violence is a serious Los Angeles crime, and any Los Angeles criminal defense attorney will tell you that the consequences can be dire.  Whether you are a celebrity, a politician or a plumber, being convicted of battery towards a loved one can land you in jail.

There is a thin line between restraining someone and battery, as San Diego Chargers’ player Shawne Merriman has recently discovered.  Star football player Merriman was arrested this past Sunday at his own home after reality star Tila Tequila (real name Tila Nguyen) called local police shortly before four in the morning and accused Merriman of both choking her and restraining her as she tried to leave his San Diego-area home.  Merriman claims he was trying to prevent Tequila from driving under the influence of alcohol as she left his home.  Tequila signed a citizen’s arrest warrant, formally charging Merriman with battery and false imprisonment, both of which could be tried as felony criminal offenses.  Paramedics called to the scene did not report any injuries to Tequila at the time.  She was taken to a local hospital and left two hours later. 

In Los Angeles, battery is defined simply as “any unwanted touching or striking of another person or anything connected to that person.”  Each case is different, however, and depending on the circumstances battery could be classified as either a misdemeanor criminal offense or a felony.  Punishments for a battery conviction in Los Angeles can include county jail or state prison time, fines, probation or parole, anger management classes, the loss of your driver’s license, or any combination of all five.  The especially dangerous thing about a battery conviction is that if it is classified as a felony criminal offense, it could count as a “strike” under Los Angeles’ “Three Strikes” laws.  In those cases, three or more convictions for eligible felony offenses could land you in a state prison for life.  Even before that third felony offense, multiple felony convictions could lead to enhanced sentencing, meaning longer prison or jail terms, higher fines and longer probation or parole terms. 

If you have been charged with battery in Los Angeles, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today.  Our attorneys have over 50 years of combined courtroom experience in defending against battery charges.  Some of the best defenses against battery charges in Los Angeles include self defense, or, as in Merriman’s case, lack of intent.  Call the attorneys at Kestenbaum, Eisner & Gorin, LLP today to begin preparing your defense.

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Los Angeles Fashion Designer Gets 59 Years in Prison

Wednesday, December 31st, 1969

Los Angeles criminal defense attorneys work hard to keep their clients out of prison and free from fines.  While people may think they understand how important it is to have a quality Los Angeles criminal defense attorney, it isn’t until a high profile individual gets major jail time that the message hits home.

A Los Angeles fashion designer was sentenced to 59 years in prison for various sex crimes, having been accused of sexually assaulting various models over the years.  Fashion designer Anand Jon Alexander was sentenced in a Los Angeles Superior Court room after being convicted of 14 counts including forcible rape. He was found not guilty of four felonies, and jurors could not reach a verdict on three counts.

The Anand Jon story was a very high profile story as he was a celebrity designer, working with many Los Angeles celebrities.  The defendant claimed that law enforcement was conspiring against him, making the trial all the more volatile in nature.  During the sex crime trial, a stream of beautiful women went into the jury box and told stories of how the famous designer sexually assaulted them in different ways, often using his stature in the fashion world against his alleged victims.  some of the girls who claimed to have been sexually assaulted by Anand Jon were only teenagers, one as young as 14.

A highly skilled Los Angeles sex crime defense attorney is often the difference between decades in prison and freedom.  Los Angeles courts can be seriously biased against any sex crimes defendant, which means that an experienced Los Angeles criminal defense attorney is all the more necessary.  An attorney must be experienced with Los Angeles courts, Los Angeles sex crime law, Los Angeles law enforcement and more in order to get the best results possible for their client.  Such complex cases can be very high profile, and dealing with a jury or a judge requires a special legal skill which only a few Los Angeles criminal defense attorneys possess.

At Kestenbaum, Eisner & Gorin, our sex crime defense attorneys have decades of experience with Los Angeles sex crime laws; they can offer top notch legal representation as well as unparalleled legal counsel.  If your or someone you love is up against sex crime charges, contact Kestenbaum, Eisner & Gorin today at 877-781-1570.

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Three Americans Busted in Cambodian Sex-Tourism Sting

Wednesday, December 31st, 1969

Los Angeles sex crimes have severe penalties for anyone convicted, and require a top-notch Los Angeles sex crimes defense attorney.  Without one, you could fine yourself in prison for a decade and/or on the California Sex Offender Registry.  Sex crimes can be state or federal charges, and committing a sex crime outside the United States could lead to a conviction as well.

The combined efforts of several international organizations have resulted in the arrest of three American men who had travelled all the way to Cambodia to sexually abuse children.  While children in Los Angeles are well-protected against sexual predators by both state and federal laws, many foreign countries such as Cambodia have a somewhat more lax legal position towards sex offenses that has led to the creation of sex tourism that cater to the desires of tourists from other nations.  Americans Ronald Boyajian, Erik Peeters and Jack Sporich are each being charged with international travel and engaging in sexual contact with a minor, which carries a maximum penalty of 30 years in prison per victim.  According to the United States Justice Department, all three men had had prior sex crime convictions, and all three had travelled to Cambodia with the express purpose of preying on other, less legally protected children.  Peeters allegedly molested several young boys and paid them small amounts of money to be photographed naked.  Sporich is accused of frequently hosting three Cambodian boys at a private residence and is said to have driven around on a moped, dropping cash from his pockets to meet local children.  Boyajian is accused of engaging in sexual activity with a 10-year-old Vietnamese girl. 

The three men are among the first to have been apprehended under a joint initiative, Operation Twisted Traveler, between the United States Department of Justice and Immigration and Customs Enforcement in an attempt to crack down on Americans who participate in sex tourism.  According to officials from Immigration and Customs, Boyajian, Peeters and Sporich were tracked down through information supplied by human rights organizations International Justice Mission and Action Pour les Enfants. 
While sex crimes have always been taken very seriously in Los Angeles, these three recent arrests highlight the United States’ growing commitment to the safety of children everywhere.  Committing sex crimes in other countries could still land you in a prison in Los Angeles.  In 2003, the federal Protect Act was enacted to strengthen the nation’s existing laws regarding sex crimesagainst children outside United States borders committed by American citizens.  As evidenced in the cases of Boyajian, Peeters and Sporich, up to 30 years in prison is a distinct possibility upon conviction.  If you have been charged with a sex crime, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today.  Our combined 50 years of courtroom experience will fight for your freedom and good name.

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Lohan’s Home Burglarized Again

Wednesday, December 31st, 1969

Los Angeles burglary crimes can lead to serious fines, probation and years in prison.  A Los Angeles criminal defense attorney is absolutely necessary for anyone facing a burglary charge.  In Los Angeles, where celebrities walk down the street, Los Angeles criminal defense attorneys defend people charged in crimes involving celebrities all the time.
Actress Lindsay Lohan’s Hollywood Hills home was burglarized this past Sunday.  Police reports of the incident claim the actress arrived at her home around 3 a.m. and noticed some of her belongings were missing.  Lohan reportedly called her father, who then called the Los Angeles Police Department at around 6:30. 

According to both the actress’ mother and father, a safe that had been attached to a wall, a few watches and several articles of clothing were taken.  Michael Lohan also believes that the theft was an inside job as his daughter’s employees had failed to arm the home’s burglar alarm before they had left for the evening.  Video surveillance of the home reportedly shows three men breaking into the actress’ home.  Lohan had previously also reported an attempted robbery to Los Angeles police this past May.  Video surveillance at the time showed that the would-be burglars were apparently scared off when the home’s burglar alarm began to sound. 

In a large city such as Los Angeles, there are all types of theft that can occur.  Crimes such as shoplifting, or theft where the value of items taken is less than $400 are classified as petty theft.   For a first offense, petty theft is generally considered a misdemeanor criminal offense and is punishable by a fine and/or between one and three years of probation.  In the case of the burglary of Lohan’s home, the value of the stolen items most likely exceeds $400 and can constitute grand theft.  Depending on the circumstances surrounding the theft, it may be classified as either a misdemeanor or a felony.  Upon conviction for grand theft, a defendant can expect up to 16 months in either a county jail or a state prison, probation or parole, fines, community service and restitution as punishment, or any combination of all five. 

If you have been charged with theft or burglary in Los Angeles, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today.  Our attorneys have a combined 50 years of courtroom experience in successfully defending against theft and burglary charges.  Call us today to begin preparing your defense.

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Los Angeles Sex Crimes

Wednesday, December 31st, 1969

Los Angeles sex crimes are a serious matter, and Los Angeles criminal defense attorneys know that the penalties can ruin the lives of anyone convicted of such a crime.  A recent case demonstrates how Los Angeles sex crimes, and sex crimes in other areas, can have a wide spread effect.

For example, a youth group leader at a Los Angeles are church is accused of having a sexual relationship with a girl he was in contact with who was underage.  The Fullerton man is accused of smoking marijuana and having sexual relations with the 15-year-old girl in the church parking lot.  The 21-year-old man is charged with one felony count of unlawful sexual intercourse, one felony count of oral copulation of a minor and one misdemeanor count of contributing to the delinquency of a minor. If convicted, he could be sentenced to more than three years in state prison.

Los Angeles sex crimes such as these not only have potential for long prison terms, but could ruin the life of anyone convicted.  Being convicted of a Los Angeles sex crime that involves an underage person could lead to being put on the California Sex Offender Registry, which can often be a lifetime situation.  This can, and often will, lead to limited career opportunities, limited housing options and general public shame.  There are even people who troll the California Sex Offender Registry to see if they can harass anyone on the list, whether or not they know that person.

If you are facing Los Angeles sex crime charges, you need an attorney with experience in sex crime cases.  The way judges work, prosecution tactics and even the amount of public scrutiny can be too much for an inexperienced attorney or a public defender.  A Los Angeles criminal defense attorney who understands the law and who has a proven track record of defending Los Angeles sex crime cases can be the difference between jail and freedom.

If you or someone you love is facing Los Angeles sex crime charges, you should contact the criminal defense attorneys at Kestenbaum, Eisner & Gorin.  Our decades of experience with sex crimes and Los Angeles sex crime cases have helped countless clients avoid jail time and a lifetime on the California Sex Offender Registry.

Call us today at 877-781-1570.

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Theft Crimes and Medical Marijuana in Los Angeles

Wednesday, December 31st, 1969

Two ares of the law which keep Los Angeles criminal defense attorneys very busy are theft crimes and medical marijuana dispensaries.  A recent crime wave has combined the two however, giving police a baffling situation to try and handle. 

Recently, reports have come out regarding a team of gunmen robbing medical marijuana dispensaries in the western region of the San Fernando Valley.  Officials are saying the frequency of the heists, and their violence, is increasing. 

These robberies are costing the medical marijuana dispensaries tens of thousands of dollars and are extremely dangerous.  Even the Los Angeles police department is letting the public know that these men are armed and dangerous.  These men allegedly enter the dispensaries posing as customers, then they take over the business and then flee with large quantities of marijuana.  Los Angeles medical marijuana dispensary operators have been shot and injured during these robberies.

Theft crimes, especially armed robbery, is a very serious crime in Los Angeles and requires the skill of an experienced Los Angeles criminal defense attorney.  The penalties for theft crime in Los Angeles include imprisonment, large fines, restitution, community service, probation, parole and much more.  The severity of your penalty will depend upon whether you committed a felony or a misdemeanor.

Typical or common Los Angeles theft crimes include such crimes as shoplifting, carjacking, burglary, robbery, armed robbery, identity theft, credit card fraud and more.  Some crimes are usually misdemeanors (such as shoplifting) and carry fines and possibly short periods of jail time.  Carjacking, armed robbery and money laundering however carry much heavier penalties including years in prison and severe fines.  Such theft crimes require a skilled Los Angeles criminal defense attorney who knows and understands prosecution tactics, Los Angeles courts and more.

If you or someone you love has been charged with a theft crime, contact the Los Angeles criminal defense attorneys at Kestenbaum, Eisner & Gorin at 877-781-1570.

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Murder and the Death Penalty

Wednesday, December 31st, 1969

Steven Anthony Jones was given the death penalty in a Los Angeles court on Friday after having been convicted of two horrific murders in Los Angeles.  Jones, who had been described in court as a “killing machine” had had a startlingly violent criminal record.  Jones was convicted of murderin the fatal shooting of a man during a robbery of a car wash and bludgeoning a woman to death with a pick hammer while on an especially violent crime spree beginning in 2004 that stretched all the way to Arizona and included torture and rape in addition to murder.   His crime spree continued well after his arrest in 2005 when Jones was also convicted of raping a prison inmate as well as torturing and attempting two Los Angeles murder others.  

The death penalty is still a very real possibility for those convicted of especially violent crimes in Los Angeles.  Los Angeles criminal defense attorneys regularly work hard to defend against the death penalty, but the state and prosecutors can be as aggressive on the other side.  While most people convicted of a Los Angeles murder or related offenses are given 25 years to life in prison, or life in prison without parole, the death penalty is an option for the most violent criminal offenses, including the murder of a police officer or child, or murder for pay.  Defendants previously convicted of murder are also much more likely to be given the death penalty in the event that they commit another murder.  Under California Penal Code, section 190.2, a premeditated murder based on the victim’s race, color, nationality or country of origin is also punishable by death, making certain forms of hate crimes eligible for the death penalty as well. 

While the death penalty is still very much in use in Los Angeles, if you have been charged with a serious crime such as murder, you do have options.  Self defense, mental capacity and false confession are all common and effective defenses against homicide charges.  With your very life on the line, you need an experienced, dedicated criminal defense attorney at your side.  If you or someone you know have been charged with murder, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today to begin preparing your defense.

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What Happens After a Los Angeles Arrest?

Wednesday, December 31st, 1969

Los Angeles criminal defense attorneys spend as much time educating their clients as they do defending them.  This is because a Los Angeles criminal defense attorney is a unique, important resource for anyone arrested and charged with a crime in Los Angeles. 

A Los Angeles criminal defense attorneywill know the laws relevant to your case, the trial process and how law enforcement will pursue your case.  In fact, at Kestenbaum, Eisner & Gorin, our Los Angeles criminal defense attorney team has an “insider’s knowledge” due to their years spent in various Los Angeles District Attorneys’ Offices.  This one-of-a-kind background can help you steer clear of prison, heavy fines, community service and more.

One part of the prosecution process people ask our Los Angeles criminal defense attorney team about is what happens between the arrest and the courtroom.  After the police arrest you and formally charge you, there are many procedures that take place.  The police have to write the criminal report, obtain witness statements, run background checks and so forth.  Unfortunately, this background information can have a damaging affect on the accused, unless they have a skilled Los Angeles criminal defense attorney who knows how to navigate such situations.

After the background check, the investigating detectives get the reports and perform a more thorough inquiry by contacting the victim and other witnesses.  This part of the process is targeted towards ensuring a cohesive story and timeline for the prosecution.  After this is completed, the District Attorney’s Office receives the file and the prosecutor then determines how next to proceed.  This depends largely upon the amount of evidence and quality of evidence available to him or her.  If charges are then filed, the next step is the court arraignment, where the defendant can either take the bail option or remain in custody until the case is resolved.

While this process may seem long, a skilled Los Angeles criminal defense attorney can use this long process to your advantage.  For example, this process requires a great deal of paperwork and investigation, which leaves many areas of possibly erroneous work.  Every area of work that is not meticulously reviewed could have factual errors, falsely interpreted or simply be wrong.  A Los Angeles criminal defense firm will have the resources available to review every area of your dossier to see if there are any errors.

In fact, the attorney must be present during every stage of this process to ensure the best criminal defense.  For example, during the pre-filing stage, when the prosecutor determines whether to file a felony, misdemeanor or not to charge you at all, a skilled Los Angeles criminal defense attorney can present evidence and other factors that demonstrate innocence or to substantially reduce guilt.

If you have been arrested for a crime, awaiting charges or awaiting your court date, you need a qualified Los Angeles criminal defense attorneyworking aggressively to defend you and your rights.  At Kestenbaum, Eisner & Gorin, our criminal defense firm will assure you the best defense possible and fight hard to keep you out of prison and free from fines.  Contact us today at 877-781-1570.

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Los Angeles Bail and the Criminal Defense System

Wednesday, December 31st, 1969

When a Los Angeleles criminal defense attorney sits down with someone for their first meeting, very often that person is behind bars or about to be booked.  One question, or set of questions, that arises time after time has to do with Los Angeles bail.  People might understand, from television, that if you are arrested, there is a way to get out of jail.  Los Angeles criminal defense attorneys often have to educate their clients on such things as Los Angeles bail and how it works, because the average person gets their legal education from “Law & Order” which usually does not tell the whole story.

A huge advantage to getting out of jail is the ability to more effectively assist your Los Angeles criminal defense attorney, ensuring a more effective criminal defense.  Also, if you are a non-citizen, being in jail could jeopardize your immigration status, so getting out of jail ASAP is a priority.

There are two ways to be released from jail:  the Los Angeles bail option and something called “own recognizance.”  Bail works just like an insurance policy, to pay the amount set in bail means that the defendant guarantees that he or she will appear in court on the specified date after being released.  The bail can either be paid “out of pocket” or through a Los Angeles bail bond.  After successfully appearing at the court, the bail is returned to you by check, which often can take between eight and ten weeks to arrive.  However, if you do not have the full amount of the bail, you can seek out a Los Angeles bail bond.  Companies that issue such bail bonds usually charge about ten percent of the posted bail.  So, if your bail is set at $50,000, then the company will charge you $5,000 to issue the bond.

Determining Bail

There are four major factors used in determining what amount bail is set at:

  1. The seriousness of the alleged crime.  A more serious offense will call for higher bail amounts.  Violent crimes, gang activity, grand larceny and other major felonies will have a higher bail amount that a misdemeanor.
  2. The suspect’s criminal record is reviewed.  If a suspect has a minor criminal record, or no criminal record whatsoever, then the bail amount will probably be lower.
  3. Will the suspect pose a risk to the community if released.  Bail will be set very high, or the defendant could be denied bail in Los Angeles, if he or she is thought to pose a risk to others.  Violent crime, domestic abuse, sex crimes and related criminal offenses in Los Angeles could cause bail to be set at a rate that the defendant cannot likely afford.
  4. Suspect’s ties to family, community and employment are assessed.  If the suspect is the main bread winner in his or her family, if they have strong community ties or other such factors, then bail will likely be lowered.

A Los Angeles judge will analyze all of these factors to determine at what amount to set the Los Angeles bail.  This is also an early stage of negotiation and argument for the prosecution and defense.  Having a skilled Los Angeles criminal defense attorney arguing on your behalf will help you get a more favorable bail amount.  A skilled Los Angeles criminal defense attorney will present key facts, evidence and relationships to the judge.  Also, many criminal defense attorneys have relationships with bail bondsmen and bail bond companies, and could assist you in getting your bail bond fee lowered from 10% to potentially 8%.  This may not seem like much, but if you have committed a major felony and bail is set at $100,000, a Los Angeles criminal defense attorney could save you $2,000 on your bail bond.

If you or someone you love has been charged with a crime in Los Angeles, contact the Los Angeles criminal defense attorneys at Kestenbaum, Eisner & Gorin today at 877-781-1570.

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Los Angeles Warrants and the Law

Wednesday, December 31st, 1969

In Los Angeles, a warrant usually refers to a specific type of authorization issued by a judge or magistrate which gives law enforcement the ability to perform an otherwise illegal act, such as coming into a home without authorization.  On television shows and movies, warrants are always a key item used to demonstrate how complex the criminal justice system can be, with lawyers, police and judges wrestling with legal issues. 

The United States was founded on principles of individual liberty, and limiting the power of the federal, state and local governments from harassing citizens.  Illegal search and seizure is a legitimate violation, something the courts and the citizenry should take very seriously.  In Los Angeles, the legal system is structured to have checks and balances so that government power does not overstep its limits and violate both the state and federal Constitutions.  When the police go to a judge to obtain a warrant, which is a clear symbol of the system of checks and balances designed to protect average citizens.

Los Angeles criminal defense attorneys work hard for clients to make sure that police, sheriffs and other law enforcement officials obey every limit placed upon them by the warrants they’ve obtained. 

There are three types of warrants:  search warrants; arrest warrants; and bench warrants.  Qualified Los Angeles criminal defense attorneys will have experience with each of these types of warrants.  In fact, at Kestenbaum, Eisner & Gorin, our criminal defense firm has “insider” experience with these warrants.  Our team spent years in various Los Angeles District Attorney’s Office, so our Los Angeles criminal defense attorneys understand how warrants are issued and what their limits are.

  • Search warrants - Search warrant limits are set by the United States Constitution.  Law enforcement must follow certain requirements before obtaining a search warrant, which include having probably cause which they must clearly demonstrate to the judge in question.
  • Arrest warrant - An arrest warrant is very similar to a search warrant.  In Los Angeles, an arrest warrant must be obtained from a judge and gives police the authorization to arrest a specific person.  Once the individual is in jail, he or she must be taken to court and appear in front of the judge.
  • Bench warrant - A bench warrant gives permission to arrest someone if they have failed to appear in court due to a pending criminal action.  The goal of any bench warrant is to bring someone into court for their appearance.  The show “Dog the Bounty Hunter” often deals with people who have failed court appearances and so have bench warrants issued.

Los Angeles criminal defense attorneys, such as those at Kestenbaum, Eisner & Gorin are skilled in dealing with all types of warrants, and can provide experienced advice, counsel and knowledge regarding them.  If you, or someone you love, has a warrant out for their arrest, our criminal defense firm can help protect you, protect your rights and make sure that any law enforcement actions obey Los Angeles law and the Constitution.  Contact us today at 877-781-1570.

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