Recent Blog Posts in 2009

Russell Otis, a 46 year old boys' basketball coach and athletic director at Dominguez High School in Compton, California has been found guilty at trial of misdemeanor child molestation. He originally had been charged with one felony count of meeting a minor for lewd purpose and a misdemeanor count of child molestation. Both charges reportedly involve the alleged use of text messages of a sexual nature to a 16 year old boy. Otis was previously charged and acquitted in 2001 on similar charges of child molestation, sodomy and oral copulation with a minor.

Otis was also charged with four more felony counts of embezzlement, forgery and grand theft. The other charges alleged that Otis misappropriated a $15,000 check from Nike to the Compton Unified School District, depositing the money into his personal bank account in November 2007.

At trial, a jury found him not guilty on the felony theft and forgery charges, however, he was found guilty of misdemeanor child molestation.

If you or someone you know is facing sex crime charges, your reputation and liberty are on the line. It is essential to hire an aggressive defense attorney who will fight for your rights. Los Angeles Sex Crimes Defense Lawyer Robert M. Bernstein has the experience and skills to defend these serious criminal charges. Call today for a free consultation.

A school bus driver in Ventura county CA was arrested for driving under the influence while on the job with 31 students in the bus. The 53-year-old female bus driver was trying to make a U-turn on an Ojai street when she was involved in a traffic accident striking another vehicle.

The bus driver took a breath test and was booked for driving with a blood alcohol level of 0.08 percent or higher. California law prohibits commercial drivers, including bus drivers, from driving with blood alcohol levels of 0.04 percent or greater, although the legal limit for non-commercial drivers is 0.08 percent. She has been charged with misdemeanor DUI and child endangerment.

In such cases, it is critical for anyone charged with a DUI to seek the counsel of Los Angeles DUI defense lawyer Robert M. Bernstein who can help defend against drunk driving charges. If you are facing DUI charges in Los Angeles, please contact experienced DUI defense attorney Robert Bernstein for a free consultation today.

A new California law now requires mandatory ignition interlock devices on motor vehicles owned and operated by motorists convicted of driving on a suspended license due to a previous alcohol-related conviction.  Under the new law, a person who is required and fails to install an ignition interlock device is guilty of a criminal misdemeanor.

Driving under the influence is a serious offense in California. It can be prosecuted as a misdemeanor or as a felony in California depending on the nature of the incident, the seriousness of injuries and the driver's level of intoxication. In California, it is illegal to drive with a blood alcohol level of 0.08 percent or higher. It is also illegal in California to drive under the influence of drugs - whether they are recreational or prescription drugs.

If you are convicted of a first-time DUI offense or you are a repeat offender, it is critical that if you are charged with drunk driving that you contact a skilled and experienced Los Angeles criminal defense lawyer. If you, or someone you know is facing DUI charges, contact Los Angeles Criminal Defense Attorney Robert M. Bernstein at (310) 477-1480 for a free consultation.

There has been a dramatic rise in theft crimes and robberies occurring at medical marijuana dispensaries in the Los Angeles area.  A team of gunmen allegedly enter the dispensaries posing as customers, then take over the business and flee with large quantities of marijuana and U.S. currency.  The frequency of the heists, and their violence, is increasing.   

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 robbery crimes in Los Angeles may include imprisonment, fines, restitution, community service, probation, and more. 

Los Angeles theft crimes include petty theft, grand theft, shoplifting, carjacking, burglary, robbery, armed robbery, identity theft, credit card fraud and more.  Some crimes are classified as misdemeanors and carry fines and possibly short periods of jail time.  Carjacking, armed robbery and felony grand theft carry much more severe penalties including years in prison.  Such crimes require a skilled Los Angeles criminal defense attorney who knows and understands how to properly defend these serious charges.  Contact Robert M. Bernstein for a free consultation today.

The California Supreme Court held in the recent case of Superior Court v. Nguyen, that a juvenile who was adjudicated a ward of the court in Juvenile Court for a crime that would be considered a strike under California's Three Strike Laws will count as a strike if that juvenile offender commits another felony.  The 6-1 decision of the California Supreme Court now allows prosecutors to allege a prior juvenile strike for purposes of increasing the punishment on any new felony committed as an adult.

If you or someone you know is charged with a serious crime in juvenile court, it is more important than ever to seek strong legal counsel that understands the implications of a juvenile being charged with a serious felony. Unlike other juvenile cases, this new law allows a juvenile adjudication (conviction) to affect that juvenile through his/her adult life. Contact Robert M. Bernstein at (310) 477-1480 for a free consultation today.

California, particularly Southern California, is a hot spot for drug importation and trafficking. International and interstate drug import and export leads to an increase in drug crime altogether, thus both State and Federal law enforcement agencies vigorously prosecute drug offenses.

In a ruling that sets new limits on school searches, the U.S. Supreme Court held Thursday that a school official in Arizona violated the Fourth Amendment rights of a 13-year-old girl by strip-searching her for prescription-strength ibuprofen.

The court affirmed a March 2008 9th U.S. Circuit Court of Appeals ruling, in which the court, sitting en banc, held that school officials violated the Forth Amendment's protections against unreasonable searches and seizures when they strip-searched Arizona middle school student Savana Redding.

In an 8-1 decision, the court called this search degrading, unreasonable and unconstitutional.

Justice David H. Souter, in what could be his final opinion before his retirement, said a strip-search is "categorically distinct" from other efforts to find drugs or weapons on campus because it is embarrassing and humiliating to the children who are targeted.

In the past, the court has said school officials can search purses, backpacks or lockers if they have reason to believe a student has drugs. And twice, justices have upheld mandatory drug testing of high schoolers, including athletes, even when there was no reason to think any of them was using drugs. But requiring a student to remove her clothes goes too far, Souter said. He suggested such a search would be justified only if a school official had strong reason to believe a student was hiding a dangerous drug or a weapon in his or her underwear.

Souter agreed that the vice principal had reasonable grounds for questioning Savana about drugs and for searching her backpack. But he went much too far, Souter added.

Ginsburg, the court's only woman, said the vice principal's conduct was inexcusable. He had no real evidence to suspect Savana of wrongdoing: He did not contact her mother, and he made Savana sit in the office for several hours after the strip-search, she said.

Under California law, Unlawful sexual intercourse with a minor (statutory rape) occurs when the victim is considered incapable of giving legal consent because they are under 18 years of age, even if the intercourse is consensual. A former youth church pastor, Daniel John Pedroza, 28, has been sentenced to 90 days in jail for having sex with a 17-year-old girl he met through his youth ministry. Pedroza pleaded guilty to three California felony counts  of unlawful sexual intercourse, two counts of oral copulation of a minor and one count of sexual penetration by foreign object of a minor. Prosecutors asked the judge to give Pedroza a one-year-sentence. But the judge instead gave him 90 days and placed him on five years of probation.

Pedroza apparently met the girl at the Capistrano Beach church. Their relationship is said to have taken place between July 1 and December 1 at his home and hers when her parents were not home, prosecutors said. The girl told about their sexual relationship to Orange County Social Services staff. Pedroza was then fired by the church and charged.

The consequences for a sex crime conviction may range from probation to a lifetime in jail in certain circumstances. Additionally, almost any conviction will include mandatory lifetime sex offender registration, a label that will govern where you are able to live and work. Being labeled a sex offender carries with it serious social consequences - friends, business associates and even family members may no longer want to be involved in your life.

Don't let a conviction for a sex crime ruin your life and destroy your future. If you, or someone you know has been arrested or is under investigation for a sex crime,  Contact Los Angeles sex crimes defense lawyer Robert Bernstein regarding your case to defend your rights. As a former prosecutor, Attorney Bernstein has the experience with both sides of the criminal process to provide you with most effective, aggressive representation in all aspects of your criminal case.

A former Santa Barbara County psychologist was convicted of sexual exploitation and other felony sex crimes and pleaded guilty Wednesday to a new felony allegation of sexual exploitation by a psychotherapist or drug abuse counselor.

Fernando Cordero, 66, was convicted by a jury last month on four felony counts, including Sexual Battery, Sexual Exploitation by a psychotherapist or drug abuse counselor and two counts of attempting to dissuade a witness from reporting a crime after he had been released on bail following his arrest in November 2007.

Cordero has lost his license to practice psychology, as the California Board of Psychology obtained a license suspension for him in January 2008.

Los Angeles sex crimes lawyer Robert M. Bernstein knows that being accused of a sex crime is a terrifying experience with serious, life changing implications. Los Angeles criminal defense attorney Robert M. Bernstein is an experienced, aggressive and knowledgeable legal professional who provides the highest level, of legal defense for individuals who have been accused, or are under investigation for  sex crimes or sexually based offenses in Los Angeles and throughout California.

The justices divided in an unusual fashion. Justices Ruth Bader Ginsburg, Antonin Scalia, David Souter and Clarence Thomas joined the majority opinion. Chief Justice John Roberts and Justices Stephen Breyer and Anthony Kennedy were in dissent along with Alito.  The court's 5-4 decision puts new limits on the ability of police to search a vehicle immediately after the arrest of a suspect, particularly when the alleged offense is nothing more serious than a traffic violation.

Justice John Paul Stevens said in the majority opinion that warrantless vehicle searches still may be conducted if a car's passenger compartment is within reach of a suspect who has been removed from the vehicle or there is reason to believe evidence will be found of the crime that led to the arrest.  He stated, "Countless individuals guilty of nothing more serious than a traffic violation have had their constitutional right to the security of their private effects violated as a result."

This new ruling which is binding precedent on all 50 states upsets a police practice that has developed since the court, 28 years ago, first authorized warrantless vehicle searches immediately following an arrest.

The Courts decision was based on the case of a defendant, Rodney Joseph Gant, who was handcuffed, seated in the back of a patrol car and under police supervision when Tucson, Ariz., police officers searched his car. They found cocaine and drug paraphernalia.

The trial court said the evidence could be used against Gant, but Arizona appeals courts overturned the convictions because the officers already had secured the scene and thus faced no threat to their safety or concern about evidence being preserved.

Gant was placed under arrest for driving on a suspended license and he already was at least 8 feet away from his car when he was arrested.

This decision is an important civil liberties issue which reinforces that the constitution protects individuals from warrantless searches without probable cause. Prior to this ruling, police officers routinely invade suspects' privacy by conducting warrantless searches when there is no chance suspects could have access to their vehicles. Los Angeles Criminal Attorney's and their clients should be knowledgeable of this changing area of law and the possible defenses it now allows in numerous cases, particularly drug possession crimes.

California has recently enacted new stalking and criminal threats laws in order to give more protection to California school teachers.  Through the enactment of new stalking and criminal threats laws, it is now a misdemeanor, punishable by up to 1 year imprisonment and/or a $1,000 fine, to publish information on the internet or otherwise, describing or depicting an academic researcher or their immediate family, or the location or locations where an academic researcher or immediate family members may be found, with the intent that another person use the information to commit a crime involving violence or a threat of violence against an academic researcher or their family members.  The new law is codified in Penal Code section 422.4.

However, the new law not only protects teachers from cyber stalking and harassment, it is a misdemeanor, punishable by up to 1 year imprisonment and/or a $1,000 fine, applicable to anyone with intent to place any person in reasonable fear for his or her safety, or the safety of their immediate family, by means of an electronic communication device such as telephones, cell phones, computers, Internet Web pages or sites, Internet phones, hybrid cellular/Internet/wireless devices, personal digital assistants (PDAs), video recorders, fax machines, or pagers.  This includes electronically distributing, publishing, e-mailing, hyperlinking, or making another's personal information available for downloading.  See Penal Code section 653.2.

If you know anyone who requires an attorney for Cyber-Stalking in California, contact  Los Angeles Criminal Defense Attorney, Robert M. Bernstein. 

Music producer Phil Spector was convicted of second-degree murder in the shooting death of actress Lana Clarkson at his mansion six years ago. Spector, a music producer, reigned as the hit maker supreme in the 1960's with such songs as the Righteous Brothers' "You've Lost That Lovin' Feelin"' and the Ronettes' classic, "Be My Baby."

Los Angles prosecutors had previously failed to obtain convictions in "celebrity cases" with acquittals of stars such as O.J. Simpson, Robert Blake and Michael Jackson. In fact, Spector's first trial resulted in a mistrial when the jury deadlocked and as unable to reach a verdict.

In closing arguments Spector's defense attorney Doron Weinberg, listed 14 points of forensic evidence including blood spatter, gunshot residue and DNA, which he said were proof of a self-inflicted wound.   "It's very difficult to put a gun in somebody's mouth," he said.  "Every single fact says this is a self-inflicted gunshot wound," Weinberg argued.

But prosecutors portrayed Spector as a dangerous man who became a "demonic maniac" when he drank and had a history of threatening women with guns. They also contended blood spatter evidence proved that Clarkson could not have shot herself.

Under California law which allows prosecutors to introduce evidence of similar prior acts to demonstrate a pattern of conduct by a criminal defendant, they presented testimony from five women who told of being threatened by a drunken Spector, even held hostage in his home, with a gun pointed at them and threats of death if they tried to leave.

A Superior Court jury returned the verdict after about 30 hours of deliberations. The jury had the option of choosing involuntary manslaughter, but did not do so. The jury also found Spector personally used a firearm in committing the crime.

Spector's bail was revoked following the jury's verdict and he was remanded into custody pending sentencing. Spector's conviction of second-degree murder carries a penalty of 15 years to life in prison. The allegation of personal use of a gun carries an additional three year prison sentence. Therefore, under California law Spector will most likely be sentenced to a minimum of 18 years to life in prison.

Annette Yeomans, 51, surrendered and was booked for investigation of grand theft and embezzlement. She was being held Saturday, March 07, 2009, at the San Diego County jail in lieu of $10 million bail.

Authorities allege that Yeomans embezzled the money from 2001 to 2007 while she was chief financial officer for Quality Woodworks, Inc., a cabinetry business in San Marcos.  Embezzlement is a theft crime which involves the act of permanently appropriating assets or money by a person to whom they have been temporarily entrusted.

She spent at least $240,000 on 400 pairs of shoes, $300,000 on designer clothing and 160 purses valued at $2,000 each, investigators allege. She also remodeled a bedroom into a closet with the chandelier and a 32-inch TV, they said.  She would put about $25,000.00 on her credit card every week and then pay off the balance the following Monday with company funds.

The losses went unnoticed and the company never hired an outside auditor to check the books because she had a trusted position.  An investigation began after American Express notified the company in February 2008 that one of its checks had been used to make a payment on Yeomans' account.  Yeomans was fired last year and agreed to turn over her assets to the company, which has recovered about $2 million from the sale of her home, some cars and other property. 

Embezzlement occurs when an employee illegally transfers, uses or appropriates money or property for their personal use. An accountant, manager, CEO or any employee may be accused of this crime. Once an accusation is made, an audit will typically be conducted, and the employer may try to withhold the wages of the employee accused of embezzlement. If your employer has said that they suspect you of embezzlement it is essential that you consult a criminal defense attorney in order to explore your best options and defense immediately.

Cleveland Browns wide receiver Donte Stallworth was charged Wednesday with killing a pedestrian last month while driving drunk after a night out at a South Beach nightspot in Miami Beach, Florida. Stallworth signed a seven-year, $35 million contract with the Browns before last season but was injured much of the year. He previously played for New England, Philadelphia and New Orleans.

An arrest warrant charging Stallworth, 28, with DUI manslaughter was filed in the March 14 accident that killed a 59-year-old construction crane operator who was trying to catch a bus home after finishing his shift around 7:15 a.m..  According to results of a blood test, Stallworth's blood-alcohol level after the crash was .126, well above the legal limit of .08.  If convicted, Stallworth would face as many as 15 years in prison.

Under California law a manslaughter charge is based on whether the facts indicate a defendant was acting with gross negligence in operating the vehicle, or simple negligence. Driving under the influence of drugs or alcohol is considered to be gross negligence.

Kanye West has been charged with three criminal misdemeanor offenses. The musician faces charges of vandalism, battery and grand theft stemming from a run-in with a cameraman in the Los Angeles Airport last September. West's manager Don Crowley has also been charged with two counts each of vandalism, battery and grand theft. Back in September, West reportedly broke a camera light on the equipment belonging to paparazzi while they were shooting footage of him in a public area of the airport. Crowley is accused of breaking both the video camera and a still camera also on scene. If found convicted and sentenced to the maximum, Kanye West faces up to two and a half years in jail while Crowley faces up to five. Both men are scheduled to be arraigned on April 14th in the Los Angeles County Superior Court.

Rap Star T.I. sentenced to prison in Federal Criminal Case

Rap star T.I. was sentenced in Federal Court in Atlanta, GA to serve one year and one day in prison and ordered to pay a $100,300 fine on weapons charges related to his purchase of machine guns and silencers. The rapper, whose real name is Clifford Harris, reached the terms of the sentence in a plea agreement with prosecutors last year. T.I. / Harris also was sentenced to some property forfeiture, supervised release for three years after his prison sentence, 365 days of home confinement and 1,500 hours of community service. He has already served 305 days of home confinement and 1,030 hours of service. In addition to his prison sentence, the rapper must also undergo DNA testing and drug counseling, he cannot own firearms and must submit to law enforcement searches without a warrant. The Rapper's sentence was a result of a plea bargain, if he not reached a plea deal he could have been facing up to a maximum of 10 years in Federal Prison.

T.I. / Harris was arrested in October 2007 in an Atlanta parking lot hours before he was to perform at the BET Award show. Harris was caught in a federal sting after his bodyguard-turned-informant delivered three machine guns and two silencers to him, prosecutors said. The rapper had provided the bodyguard with $12,000 to buy the weapons. Harris was already not allowed to posses and firearms as a result of his previous 1998 on felony drug conviction -- possession of crack cocaine with intent to distribute.

Numerous members of the "Manson Family" are seeking parole from California state prison after serving decades in prison for their notorious string of brutal murders. The followers of Charles Manson committed the murders of pregnant actress Sharon Tate and six others in a two-night rampage that terrorized the city of Los Angeles, California, in August 1969. The Manson family members were initially sentenced to death following their conviction at trial, only to have their sentences commuted to life in prison when the U.S. Supreme Court struck down death penalty laws in 1972.

Since that time, Manson family members Susan Atkins, Charles "Tex" Watson, Patricia Krenwinkel and Leslie Van Houten have repeatedly been described as model prisoners who have accepted responsibility for their crimes. Susan Atkins is terminally ill with cancer and Charles "Tex" Watson is an ordained minister.  Parole boards, however, continue to reject their bids for release, and a debate rages over whether the four should ever be freed. Atkins, California's longest-serving female inmate requested a "compassionate release" from the California Board of Parole Hearings in July. She has terminal brain cancer, doctors say. The board unanimously denied her request.

By her own admission, Atkins held Tate down as she pleaded for mercy, and stabbed the eight-months-pregnant woman 16 times. In a 1993 parole board hearing, Atkins said Tate "asked me to let  her baby live ... I told her I didn't have any mercy on her."  After stabbing Tate to death, Atkins scrawled the word "pig" in blood on the door of the home Tate shared with her husband, film director Roman Polanski, who was not home at the time. Three of Tate's house guests were also slain, as was a teenager who was visiting the home's caretaker in his cottage out back.

Atkins' release was opposed by Tate's sister, Debra, Los Angeles County prosecutors and California Gov. Arnold Schwarzenegger, among others. However, the former prosecutor who won her conviction, Vincent Bugliosi, said he supported Atkins' request for release based on her medical condition.

If you ever you find yourself being questioned, arrested or taken into custody, no matter who you are or what the circumstances may be, your best defense is to remain silent, otherwise known as exercising your Miranda rights.  By law, if the Police wish to question someone who is in custody they must advise the individual of their right to remain silent. If you hear those rights, understand that they are fundamental rights guaranteed to you under the United States Constitution and you should exercise your right to remain silent.

One thing police do not tell you is that they can never use the fact that you remain silent against you, in fact, they often trick people into making a statement. The police may use deceptive tactics and lie to people under investigation. They may tell you that if you tell them your side of the story, they will not arrest you. That is a lie. It is a regular police tactic - used in the hope that the accused will make a statement which can later be used against them in Court.  Whether you should speak to the police is an extremely important and complex decision, which can only be made with the advice of a competent Los Angeles Criminal Defense Attorney.

The Miranda rule was developed to protect the individual's Fifth Amendment right against self-incrimination.  The Miranda warning ensures that people in custody realize they do not have to talk to the police and that they have the right to the presence of an attorney.  Even after incarceration, you never have to speak to anyone without speaking to your lawyer first. 

If the Miranda warning is not given before questioning, or if police continue to question a suspect after he or she indicates in any manner a desire to consult with an attorney before speaking, statements by the suspect generally are inadmissible at trial--they cannot be used against the suspect.