Recent Blog Posts in February 2009

Two of today's hottest young R&B stars, Chris Brown and Rihanna, have become involved in a criminal investigation with allegations that Brown assaulted Rihanna. 

Brown turned himself in to Los Angeles police following an early morning argument and alleged physical assault that played out on a quiet street in Hancock Park. Los Angeles police booked the 19-year-old singer on suspicion of making criminal threats. Brown later posted $50,000 bail and was released shortly after the end of the show, but police said additional charges may be filed against him when the case is presented to the Los Angeles County district attorney's office.


Brown and Rihanna drove through the upscale Los Angeles neighborhood about 12:30 a.m. in a rented Lamborghini and started arguing, police said. Brown stopped the car on North June Street, the two got out and the argument escalated, according to police. Rihanna, suffered visible injuries and identified Brown as her attacker.

Brown is facing charges of Domestic Violence, Assault with a Deadly Weapon and criminal threats. If you or someone you know is facing domestic violence charges contact Los Angeles Criminal Defense Attorney Robert Bernstein for a consultation.

Former NBA great Charles Barkley was sentenced to 10 days in jail after pleading guilty to driving drunk in Scottsdale, Ariz., last New Year's Eve.

Barkley will have five days off the sentence suspended upon his completion of a court-approved alcohol program, officials said. He also was ordered to attend traffic school and pay $2,000 in fines.

The 46-year-old Hall of Fame player is expected to begin serving his sentence on March 21, according to court records.

Barkley was arrested on December 31 in Scottsdale with a blood alcohol content of 0.149, nearly double the amount allowed under Arizona law.

As under California law, in Arizona it is illegal to drive with a blood alcohol content higher than .08 %. Penalties for DUI are constantly increasing, if you or someone you know has been charged with driving under the influence contact a Los Angeles criminal defense attorney to protect your rights.

Los Angeles Criminal Defense Attorney Robert M. Bernstein discusses an important court ruling which held that California's Third Strike Law may be unconstitutional in certain circumstances:

The United States Court of Appeals for the Ninth Circuit is the Federal appellate court for the entire western United States. In a recent ruling this December they held that a twenty eight year sentence imposed under the Three Strike Law was cruel and unusual punishment in violation of the United States Constitution.

Cecilio Gonzalez was convicted of a violation of California Penal Code section 290, failure to register annually as a sex offender within five days of his birthday. Since Mr. Gonzalez had two prior felony convictions, the California Trial Court found that this conviction was his "third Strike" under the law and sentenced Mr. Gonzalez to 28 years in prison. Gonzalez appealed his sentence in the California Court system where the Appellate court affirmed his sentence and let it stand. Gonzalez then appealed that ruling to the Ninth Circuit Court of Appeals, where the Federal court found that the application of the Third Strike Law and the  imposition of this sentence for failure to register as a sex offender was in violation of the Eight Amendment's ban against cruel and unusual punishment and therefore unconstitutional.

The Court ruled that the punishment was "grossly disproportionate to the offense and in violation of the United States Constitution. Although the Court did not rule that the law itself is unconstitutional, this acknowledgment that the third strike law may not be arbitrarily applied to simply any third felony criminal conviction is an important beginning to restricting this severe and draconian sentencing law.

Los Angeles Criminal Defense Attorney Robert M. Bernstein addresses what it means to aid and abet a crime or conspire with another to commit a crime. If one is charged with being an accessory, aiding and abetting a crime or conspiring with another person to commit a crime, under California Criminal law they may be charged with the underlying crime itself. If someone assists or aids another in the commission of a crime which furthers the accomplishment of that crime, that person may be charged with aiding and abetting the crime. Under California law if you aid and abet another in the commission of a crime you may be imprisoned for the full penalties of the underlying crime. For example, if John were to ask Tom to drive him to a Bank so that he may rob the bank and Tom does so, but does not enter the bank himself and simply waits in the car, he may still be charged with bank robbery. In fact, if John were to use a weapon and kill someone while robbing the bank, Tom could be charged with murder although he never entered the bank himself.

Conspiracy criminal charges are different then aiding and abetting. To be charged with conspiracy under California criminal law, the actual crime does not have to occur. Someone may be charged with conspiracy to commit a crime if they agree with another person to commit a crime and take any steps in furtherance of that agreement, even though the actual crime may never have been carried out. For example, if John were to ask Tom to help him commit a robbery and John agrees to help by purchasing supplies to be used during the robbery - then he is guilty of conspiracy to commit robbery. Even if the robbery never occurs, it is a serious crime in itself to conspire to commit a crime and may be punished by a state prison sentence.

Robert M. Bernstein, Los Angeles Criminal Defense Attorney discusses Medical Marijuana, is it legal to possess or grow Marijuana in California for medicinal purposes?

In 1996, California voters passed a ballot proposition to legalize the possession and cultivation of marijuana for medical use. However, ever since its passage there has been continuing misunderstanding of what is legal or not legal in regards to marijuana possession in California. In 2004, the California legislature passed a law codified as Health and Safety code section 11362.7 et. seq, which offers legal definitions and provides procedures regarding medical marijuana. It provides that the possession and cultivation of marijuana is legal if prescribed by a licensed physician as long as there are no indicia of sale or commercial use. Further, that a medical caregiver may possess six mature marijuana plants for medicinal purposes. However, each individual city or municipality may adopt its own guidelines that as long as they are not more restrictive than the state law.

Further complicating this issue is the fact that although California has made medical marijuana legal, it is still illegal under the United States Federal Law. In 2005, this conflict between the state and federal law was argued before the United States Supreme Court, which held that the California state medical marijuana law does not protect someone for the illegal possession and cultivation of marijuana under Federal Law. Therefore, even though a person may be in compliance with the California medical marijuana laws, they may still be prosecuted and imprisoned by federal prosecutors in federal court for the violation of the federal Controlled Substances Act.

Robert M. Bernstein is a Los Angeles Criminal Defense Attorney. Below are some of the websites where you can find more information about criminal defense in Los Angeles:

http://www.california-law.org/ - Criminal Defense Lawyer

http://www.lawhitecollardefense.com - White Collar Crimes

http://www.ladrugcrimedefense.com - Drug Crimes

http://www.robertbernstein.com - Sex Crimes Lawyer

http://www.domesticviolencefirm.com - Domestic Violence

http://www.lafederaldefense.com - Federal Crimes