California Criminal Lawyer Blog

A Los Angeles man has been convicted of Medicare fraud. According to this CBS News report, prosecutors say a Los Angeles man who prescribed unnecessary motorized wheelchairs using a doctor's stolen identity has been convicted for defrauding Medicare for $7.7 million. The 59-year-old man was found guilty of health care fraud, conspiracy to commit health care fraud and aggravated identity theft. According to federal officials, the man prescribed hundreds of these wheelchairs to Medicare beneficiaries between 2005 and 2008. Some of the victims told officials that they were "recruited" into the scam with the promise of free exams and free medical equipment.

A federal offense in California is any offense that violates the laws contained in the United States Criminal Code. These offenses are mostly "white collar crimes" dealing with different types of fraud, including health care fraud. All federal laws passed by the United States Congress come under the jurisdiction of the executive branch of the federal government. The executive branch has the responsibility of enforcing these laws and the judicial branch adjudicates the articles contained in the U.S. criminal code.

Federal courts can impose severe penalties on those convicted of a federal offense. If you have been charged with a federal crime, you need the skill and experience of a criminal defense attorney in Los Angeles at Takakjian Sowers & Sitkoff LLP Please call for a free consultation. Our criminal defense team collectively has more than 60 years of criminal defense, criminal trial, prosecution and investigation experience. We have the knowledge and dedication to provide a strong defense in your federal case. Call us today for a free case discussion.

A recent investigation and subsequent analysis by the Sacramento Bee newspaper shows that individuals convicted of homicide in California are more likely to receive the death sentence in conservative counties, particularly in the southern part of the state. According to this news report; between 1998 and 2007, prosecutors got approximately one death penalty conviction for every 100 murders statewide. In Orange County, the rate was twice as high. And in Riverside County the death penalty rate was three times as high, the report stated.

Any violent crime conviction in California can have devastating consequences. But with a murder conviction, you are looking at the ultimate penalty. California is a death penalty state. So if someone is found guilty of a special circumstance first-degree murder, they are looking at the death penalty or life in prison without the possibility of parole.

The stakes are extremely high in any murder case or any other violent crime. If you or someone close to you has been arrested murder or manslaughter or any violent crime such as homicide, robbery, rape or sexual assault; please contact an experienced Southern California criminal defense attorney who has the skill and expertise to defend your rights and fight to get your charges dismissed. At Takakjian, Sowers & Sitkoff LLP, our attorneys are former prosecutors who have experience and a successful track record defending these serious charges. Call us today for a free consultation.

West Los Angeles is a well-known district in Los Angeles within the large Westside region. With its most traversed routes as Olympic Blvd, Santa Monica Blvd, Wilshire Blvd, Sawtelle Blvd, Pico Blvd, Barrington Dr and Bundy Dr, West Los Angeles residents and visitors have quick access to the San Diego and Santa Monica Freeways. As an affluent neighborhood, West Los Angeles has the city’s lowest crime statistics; however, as part of the second largest city in the nation, West Los Angeles is prone its share of incidents that go against the law.

A lot of people who are accused of crimes, such as driving under the influence, never thought that it would happen to them and are typically shocked and confused during their arrest and investigation. It is up to a West Los Angeles DUI defense attorney to educate those facing serious penalties associated with driving under the influence when it comes to his or her rights and what can be done to build a strong defense. At Takakjian, Sowers & Sitkoff, our lawyers will help prove your innocence and represent you at your DMV administrative hearing so that you can do everything possible to appeal your driver’s license suspension. It is very important that you do not procrastinate in taking action after your DUI arrest, especially since you only have ten days to make an appeal.

With over sixty years collectively in California felony and misdemeanor criminal defense, prosecution, criminal law investigation, judicial, criminal trial and criminal case settlement experience, the skilled West Los Angeles criminal defense attorneys at Takakjian, Sowers & Sitkoff, LLP have what it takes to assist you during one of the most challenging times of your life. Contact our office for a free consultation today:

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Police in Irvine have arrested a senior Orange County Sheriff's official for driving under the influence after he reportedly caused a car accident, based on a Los Angeles Times report. Irvine Police arrested the official after the vehicle she was driving crashed into the back of another car stopped at a red light on Jamboree Road.

She was driving an unmarked Orange County Sheriff's Department vehicle at the time of the Orange County DUI crash, according to the Orange County District Attorney's office. The officer was charged with two misdemeanor counts of driving under the influence of alcohol. Officials say the woman had slurred speech, bloodshot and watery eyes and had trouble keeping her balance during a field sobriety test. She apparently had a blood alcohol level of 0.14 percent, nearly twice the legal limit. Fortunately, the driver of the other vehicle was uninjured.

It is illegal to operate a motor vehicle with a blood alcohol level of 0.08 percent or higher in California. Not only does a DUI charge impose fines and sometimes jail time on a person, it can have drastic effects on an individual’s reputation, personal life and professional career. In this DUI accident, Guidice was transferred from her post as head of Orange County Sheriff's Harbor Patrol to a position at the county's Theo Lacy Jail. If convicted of the DUI charges in Orange County, she faces a maximum of six months in jail.

Continue reading " Sheriff's Deputy Charged in Orange County DUI Accident " »

A Riverside woman was arrested for the CA embezzlement of more than $1 million from a Mercedes Benz car dealership in Anaheim Hills where she worked. According to a news report in the Whittier Daily News, the Orange County District Attorney is charging Sheryl Lynne Law with grand theft by embezzlement, fraud and other counts. Prosecutors say Law wrote 144 fraudulent checks to her sister-in-law, Jessica Newark, of Whittier. Law apparently noted the checks as trade-in payments from the dealership when in fact Newark never traded in a vehicle with the dealership. Newark has also been charged with embezzlement. If convicted of the fraud, both could be sentenced to 63 years in state prison.

If you are convicted of embezzlement, theft, or fraud in California it could have a significant impact on your personal life, your job, career and future. A theft or fraud conviction could not only mean a lengthy jail or prison sentence and hefty fines, but it also tarnishes your reputation. When trust is lost, it is extremely hard to regain – as an employee or as a business. It could do long-term damage and jeopardize your chances of getting a good job.

Continue reading " Southern California Fraud and Embezzlement of Over $1 Million " »

Police in Ventura County have arrested a Granada Hills man for the California drug offense of cultivating marijuana after finding more than 1,000 plants on his property in Frazier Park. According to this news report in the Ventura County Star, Ventura County Sheriff's Department officials went to the man's property after being told of power outages in the area because of a malfunctioning electrical transformer and noticing a strong smell of marijuana.

Detectives conducted a search of the property and found a marijuana cultivation operation that included the use of hydroponics, officials said. The marijuana plants were found inside the house, garage and an outside building. The rooms were reportedly equipped with grow lights as well. No one was living in the property, but the home's owner was arrested.

California drug offenses refer to the cultivation, possession, sale, use, or furnishing of any drug or controlled substance or drug paraphernalia, which is prohibited by law. Most drug offenses in the state of California are now felonies. The penalties for drug crimes in Ventura County can be very severe. The type or severity of charges usually depends on the quantity, intent to sell or distribute, and other factors such as weapons possession or use, evidence of sales activity, having large amounts of cash, and so on. The seriousness and punishment for drug crimes usually depends on the quantity of drugs confiscated.

Continue reading " Ventura County Drug Crime Arrest for Marijuana Cultivation " »

Recent news reports indicate that participants may be arrested for participating in the annual “Mooning Amtrak” event that has been held for over thirty years in Laguna Niguel, California. This unsponsored event has drawn thousands of people as they stand next to the rail lines “mooning” passing trains. It is unknown just how many people will show up this time on Camino Capistrano Road on Saturday, July 18th and “moon” passing trains. A smaller crowd is likely because some have said that this year city officials will allegedly “crack down” on the “flashing” conduct and arrests are possible.

Technically a violation of law, exposing one’s buttocks, genitals or private parts is defined as indecent exposure by the California Penal Code. A first offense conviction for indecent exposure in Orange County could involve jail time and repeat offenders can receive up to a year in the county jail or be charged with a felony. Although the law is aimed primarily at those who flash or expose themselves on city streets, a subsection of the law also punishes those who arrange events for others to expose themselves in public. These events supposedly incite lewd or lascivious acts.

Continue reading " “Mooning Amtrak” 2009 - City of Laguna Niguel Hints Arrests May Be Made " »

Three people, including two men and a teenage boy, were arrested in Redondo Beach for armed robbery on the pier. According to a news report in the Daily Breeze, the victim was on the pier when the 16-year-old boy approached, raised his shirt to reveal a silver-colored handgun in his waistband and told the victim, "This is a stickup." The teen suspect then took the victim's skateboard and baseball cap before leaving the scene, the report stated. Two others – who were allegedly lookouts for the 16-year-old – also fled the scene of the theft crime in Los Angeles.

However, the trio was pulled over by Hermosa Beach police near Pacific Coast Highway and Aviation Boulevard. The two men who were arrested were both 18 years old. The vehicle the three were in, a 1999 Toyota Tacoma, was also reported stolen. Officers found the gun, which turned out to be a BB gun along with the skateboard and the victim’scap in the vehicle.

Robbery is considered a violent crime because it involves intimidation, force or fear and in most cases a weapon such as a knife or a firearm. Robbery charges are extremely serious because they may involve physical threat and intimidation. Where victims are injured, defendants could face even more serious charges. When a Los Angeles juvenile crime is of a violent nature, it may have serious repercussions on the minor’s future. A minor has the same constitutional rights as an adult, such as having Miranda rights read to them.

Continue reading " Armed Robbery in Redondo Beach by Teen and Adult Accomplices " »

The founder of a Los Angeles-based anti-drug group is now facing CA drug charges of selling methamphetamine and Ecstasy to an undercover Redondo Beach police detective, according to a recent news report. The co-founder and CEO of the Wall Foundation was reportedly arrested at a Starbucks on Sepulveda Boulevard in El Segundo. Undercover officials made a deal with him to sell them the drugs, police said. The man was arrested when he handed the envelope to the undercover officer in exchange for $480. Officers later discovered that he actually tried to cheat them by giving them rock salt instead of meth and was trying to pass off antihistamine pills as Ecstasy.

Being convicted of drug crimes in Los Angeles, especially sale or transportation of drugs, can be rather severe. However, an accusation of drug possession can be based on an illegal search and seizure by law enforcement officials. If proper police procedures are not followed or if someone’s constitutional rights were violated either during search and seizure or during undercover operations, their drug sales case could be dismissed. Please don't assume that you will be found guilty if you have been arrested on suspicion of drug crimes.

Continue reading " LA Drug Counselor Charged With Selling Drugs to Undercover Police Officers " »

California Highway Patrol officials have arrested a man for driving under the influence of alcohol and possession of an explosive device on a public highway in Ventura County. According to a news report in the Camarillo Acorn, CHP officials arrested James Thomas Jacquez, 41, whom they stopped as he was traveling north on the 101 Freeway in Camarillo near Del Norte Boulevard. Jacquez was initially arrested for DUI in Ventura County, but officials later checked his vehicle and found an object under the driver's seat, which they say, is an explosive device. The Ventura County Bomb Squad determined that the device was a homemade bomb and took it away for safe disposal.

Ventura County drunk driving charges can be misdemeanors or felonies depending on the nature of the circumstances and whether anyone other than the drunk driver was injured or killed as a result of the DUI accident. If there was no accident and the driver was stopped because of erratic driving or other suspicions, the driver could face a misdemeanor DUI. However, in this case, the driver was also charged with possession of an explosive device, which is a serious allegation.

Continue reading " Ventura County DUI and Possession of Explosive Device " »

A 20-year-old man was arrested in Riverside for driving under the influence after he allegedly caused a rollover accident, which killed an 18-year-old girl, who was a passenger in his car, The Press-Enterprise reports in an article. The teen died at the scene of the accident because officials say she wasn't wearing a seatbelt. She was ejected from the 1995 Mazda MPV. Police later arrested the man for DUI in California. Hewas apparently driving south on Riverwalk when he hit a curb, causing the car to slide on its side until it hit a tree in the center median and overturned. The vehicle landed on its roof.

When there is a death involved in a DUI-related auto accident, the suspected drunk driver or defendant may also be charged with vehicular manslaughter in addition to felony DUI. These are extremely serious charges with life-altering consequences. If convicted of vehicular manslaughter, you could be looking at lengthy prison time and hefty penalties.

California Penal Code section 191.5 (a) states: “Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence.”

Continue reading " Man Arrested for DUI after Rollover Accident " »

Police in Whittier arrested a teenager for theft who was reportedly carrying a small refrigerator, which officials say, he stole from a preschool. According to a news report, a witness told police that the boy was carrying the appliance from Hadley Preschool to a nearby residence. Police took the boy in to custody outside his home and returned the refrigerator. Police say other property has also been missing from the school and that they are in the process of obtaining a search warrant for the boy’s residence.

Juvenile crimes in Los Angeles are just as serious and significant as adult criminal charges. The only difference is that juvenile offenses are adjudicated in juvenile courts, which are closed to the media and the public. Juvenile proceedings are closed and the identities of the juveniles are protected. However, that does not mean juveniles are treated with kid gloves or let off easy. The penalties can be severe. Punishment for juvenile crimes could involve lengthy incarceration and can also have a significant impact on your child's future. An adult criminal conviction could go on his or her permanent record.

Continue reading " Los Angeles County Juvenile Burglary " »

A 49-year-old Ventura man was arrested for driving under the influence of alcohol after he drifted to opposing lanes of traffic, sideswiped a tow truck, and seriously injured the truck driver. According to a news report in the Ventura County Star, Jeffrey Barnes was driving on Ventura Boulevard near Sherwin Avenue in Ventura when his vehicle went across traffic lanes and hit the truck from Double R Towing. The tow truck driver was transported to a local hospital for treatment of severe back injuries. Barnes also suffered injuries but was later arrested and booked into county jail for felony DUI, California Vehicle Code section 23153 (a).

Drunk driving charges can be misdemeanors or felonies depending on the nature of the incident and the severity of injuries to the other parties. A felony drunk driving conviction can result in lengthy jail or prison time, stiff penalties, loss of driving privileges, probation, alcohol and drug counseling or community service. The costs associated with a DUI in Ventura County are also staggering – fines, attorneys fees, insurance rate hikes and so on.

Continue reading " Ventura Felony DUI Accident " »

A woman suspected of driving under the influence slammed into the side of a Los Angeles County Sheriff's patrol car in Compton, according to this CBS News report. The female motorist was arrested for DUI in Los Angeles and the female sheriff's deputy was taken to the hospital for examination and treatment of injuries. The alleged DUI car accident occurred near the 91 Freeway when the woman driving south on Alameda Street crossed onto the wrong side of the road and struck the driver's door on the patrol car. Two other vehicles were also involved, but no one else was injured or arrested, the news report stated.

Under California law, it is illegal for anyone to operate a motor vehicle under the influence of alcohol and/or drugs. California Vehicle Code Section 23152 (a) states: "It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle." Another section of the Vehicle Code also states that "it is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle."

The consequences of a Southern California DUI arrest are quite significant. The severity of the charges would depend on a defendant's level of intoxication, the extent of injuries involved (to those other than the drunk driver), and the defendant's prior criminal record or DUI record. And a more serious charge of driving under the influence and causing bodily injury can result in significant jail time and a one year driver license suspension.

Continue reading " Los Angeles County DUI Arrest " »

A 71-year-old Cypress man has been arrested for molesting four of his female family members over the last 15 years, the Orange County Register reports in a story. Two of the women are now adults and two others are still minors. The four alleged victims told police that the sexual abuse in Orange County began when they were 12, 3, 6 and 6 respectively. The investigation began last month when the four women went to the Cypress Police Department.

All four women accused the man of inappropriate touching, photographing and molesting. He threatened to "kill them" if they told anyone about the alleged incidents, the news report states. Police arrested him in his Cypress home on May 19 and also found nine revolvers, a semi-automatic handgun, a rifle and shotgun. They also seized three computers to search for other evidence such as photos, officials said.

Punishment for a sex crime offender varies by type and level of charge. A misdemeanor sex crime conviction can be punished by up to one year of county jail time. A conviction for a sex crime can also include lifetime sex offender registration, mandatory counseling, AIDS testing, community service, high fines and probation among other penalties. A felony sex crime conviction can result in a prison sentence. The length of incarceration could depend on the nature of the crime.

Continue reading " Female Family Members of Orange County Man Allege Long-Term Sex Abuse " »