Los Angeles Criminal Attorney Blog

Since precedent has shown that traffic court will favor radar over an alleged violator’s testimony, it is no wonder that few people even attempt to contest a radar traffic ticket.

However, there is now a new strategy for fighting these tickets – a strategy that is guaranteed, especially in some Los Angeles courts. According to Vehicle Code Section 40802, a speed trap – which is illegal – is defined as “as any section of highway where a radar device is used when there is no engineering and traffic survey conducted within five years prior to the date of the alleged violation.”

In other words, in order for a radar device to be legally used, an engineering survey of the roadway must have been conducted within the last five years. If not, then the court cannot receive any testimony regarding the violation.

The last speed survey for some Los Angeles areas was done June 1, 1986, therefore, at the present time, no testimony can be taken regarding those tickets.

A Guaranteed Winner!

Posted by Lawrence Wolf | Permalink | Email This Post

Posted In: Articles by Lawrence Wolf, Esq. , Law & Information

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Numerous factors need to be considered when weighing advantages and disadvantages of the juvenile court system versus the criminal court system.

If the juvenile is accused of a serious crime, it is more advantageous to remain in the juvenile court system where an attempt can be made to rehabilitate the minor versus solely punish him.

I accomplished this in a case where an early plea in a juvenile court murder case, prior to the filing of the anticipated fitness hearing, short-circuited the prosecutions attempt to have the minor tried as an adult and resulted in keeping the minor in the juvenile court.

However, depending upon the level of evidence that the prosecution may have against the minor, it may be more desirous to have a jury of twelve decide his fate rather than the judgment of a single juvenile court judge.

This could be especially applicable when considering the rules of evidence that apply in an adult court compared to a juvenile court. A critical example is that a minor may be convicted in a juvenile court by the uncorroborated testimony of an accomplice whereas in adult court a conviction cannot be had upon the testimony of an accomplice unless it has been corroborated by other evidence (In re Mitchell P. 1978 22 C3d 946).

Another strategic advantage to having a minor tried as an adult is in the ease of a less serious offense. Whereas the adult court would punish the offender with a small fine, the juvenile court could take custody, removing the minor from the home.

Another consideration arises when the minor has turned 18 at the time of adjudication. Under Rocker v. Superior Court (1977) 75 CA3d 197, it was held that the minor, who had turned 18, may instigate the fitness proceedings and waive the benefits of juvenile court, thus answering the charges as an adult in a criminal court.

In contrast, the court held In re Anna S. (1979) 99, CA3d 869 that a minor under the age of 18 but over 16 may not demand to be found unfit; therefore, they must be 18 prior to adjudication in order to demand that he be held as an adult.

Continue reading " Strategic Applications for Trying a Juvenile as an Adult " »

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Posted In: Articles by Lawrence Wolf, Esq.

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In a story that illustrates that even our most trusted and accomplished citizens are not exempt from committing crimes, an 18-year-old Irvine Eagle Scout arrested last month on suspicion of stealing iPods, cash and cigarettes from vehicles pleaded guilty to seven misdemeanor theft counts in court last week and was sentenced to 60 days in jail. Carter Andrew Sudeith will begin serving his time on Monday, July 28th and will serve 3 years probation upon his release.

Sudeith was arrested on June 18th, just hours after his high school graduation, police said. He was dressed in black and had a backpack full of stolen good that he had taken from unlocked cars in the school parking lot. He eventually pleaded guilty to six misdemeanor counts of petty theft and one misdemeanor count of possession of burglary tools.

Petty theft is a crime a crime in which an individual knowingly steals another person's property that amounts to no more than $400. Depending on the circumstances of the theft crime, it can either be labeled a petty theft, a grand theft, or a burglary. Other serious theft related crimes include misuse of public funds, counterfeiting, first degree burglary, second degree burglary, embezzlement, bribery, receiving stolen property, and theft of artwork. Although most theft crimes have standard penalties, the jail term and/or fine may be drastically increased depending upon the situation.

Continue reading " Irvine Eagle Scout Sentenced in Theft Case " »

Posted by Lawrence Wolf | Permalink | Email This Post

Posted In: Theft Crimes

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A recent story in the LA Times details a story about two Marines stationed at Camp Pendleton who will be arraigned on Friday, July 25th on charges of murder. Authorities believe that the two men shot a fellow Marine over stolen drug money.

Lance Cpl. Christian Carney, 21 of Manorville and Pvt. Alvin Lovely, 20 of Dallas are accused of killing Pvt. Stephen Serrano, 20 of El Dorado, Calif., on May 13 because they believed he had stolen money they had made while selling cocaine and ecstasy during their time at Camp Pendleton.

A third, unnamed marine, was taken to a secluded area of San Clemente, CA by Carney and Lovely and forced to divulge the identity of the thief who had stolen the money. Fearing for his life, the unidentified Marine named Serrano. Serrano was then taken out to the same secluded location and shot 4 times, his body was found 2 days later by a biker.

As always, it is of the utmost importance to remember that all of those accused of crimes in this country are presumed innocent until proven guilty. If the facts of this case, however, turn out to be accurate, this is a truly tragic story. What makes it even more shocking and regrettable is the fact that Marines are involved.

Continue reading " 2 Marines Accused of Murdering a Third Marine over Drug Money " »

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Posted In: Violent Crimes

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