Southern California Criminal Lawyer Blog

After 32 Years in Prison, Judge Orders Release of 74-year-old Los Angeles Woman Convicted of 1981 Murder

March 27, 2014 | by The Justice Firm

Mary Virginia Jones, a 74-year-old Los Angeles woman who has been incarcerated for 32 years in connection with a 1981 murder, was scheduled to be released from prison on March 25, according to a news article at CBS Los Angeles. A judge ruled on Monday that she would be released for a murder which was committed by her abusive boyfriend, Mose Willis, who died while on death row.

Jones was convicted in 1981 on charges of kidnapping, robbery, and first-degree murder in a shooting death related to dealing drugs, according to the report. Law students at USC’s Post-Conviction Justice Project worked to free Jones, who they say would not have been found guilty had the jury been allowed to hear testimony on the effects of battered women’s syndrome, now known as “intimate partner battery.” The project claims that Mose Willis, Jones’ boyfriend at the time, forced her to drive to an alley after he kidnapped two drug dealers; he then shot both, and one of the men died. Supervising defense attorney Heidi Rummel, who is co-director of the USC justice project, said that Jones ran after Willis shot at the men, expecting that Willis would shoot her and possibly kill her, too.

One week before Willis shot at the two drug dealers, he allegedly shot at Jones’ daughter and threatened that if police were contacted, he would kill them both. Jones said before Los Angeles Superior Court Judge William Ryan on Monday that she believed entering a no contest plea to voluntary manslaughter was in her best interest in regards to getting out of custody, but that she did not participate in the crime willingly. Judge Ryan gave her credit for time served, setting aside her convictions and ordering that she be set free.

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Obstruction of Justice Charges in California

March 20, 2014 | by The Justice Firm

In California as in every state, the judicial system’s integrity hinges on honest actions by participants, without fear of reprisals; when a participant does not act honestly, he or she may be charged with obstruction of justice. Basically, obstruction of justice is the interfering with proper or legitimate operations of either a court or officers of the court through either actions or words. A few examples of this criminal offense include threatening a judge, encouraging someone to destroy evidence, or attempting to bribe a witness. Obstructing justice is a crime under both state and federal laws.

Insufficient evidence to secure a conviction

Even when there is not sufficient evidence to convict, prosecutors may charge an individual with obstruction of justice based on suspicions that he or she is refusing to provide information or withholds information vital to continuing an investigation. When someone is arrested for obstructing justice, or even charged with the crime, law enforcement officials are highly focused on putting that person in prison, even without substantial evidence supporting the original crime being investigated. Ultimately, prosecutors know that a conviction for obstruction of justice can result in the defendant spending up to 5 years in state prison, and therefore see this as a way to secure a meaningful conviction.

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Fresno Gang Member Sentenced to Life Behind Bars in Death of 20-year-old Pregnant Woman

March 10, 2014 | by The Justice Firm

On Wednesday March 5, 29-year-old Jose Angel Perez Jr. was sentenced to life in prison for his role in the death of 20-year-old Nath Ouch, who was eight months pregnant at the time she was gunned down in southeast Fresno in February of 2006. According to the Los Angeles Times, Ouch’s husband was so despondent over his wife’s death he took his own life a short time later.

Ouch was struck by a bullet in the early morning hours as Perez and another gang member opened fire at an apartment complex where rival gang members lived. Perez fled to Mexico after the shooting, and was not tracked down for some five years before being located and arrested by the FBI. Sokmorn Chea is the other gang member who was allegedly involved in the fatal shooting; he is serving life without parole following his 2007 conviction.

Prior to sentencing, Perez spoke to Ouch’s family, apologizing for his actions and saying “I’m here as a man today to accept responsibility for my actions.”

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Man Charged with Arson in 2012 San Francisco Giants’ World Series Celebration Acquitted

January 29, 2014 | by The Justice Firm

In October of 2012, Brian Irwin of Oakland was arrested for allegedly setting a fire in a trash bin during the celebration following the San Francisco Giants’ World Series win. Irwin was charged with arson and battery on an officer according to news reports at the San Jose Mercury News. Now Irwin, who is 22 years old, has been acquitted of the charges.

Following the win of the World Series by the Giants, Irwin was one of at least nine people charged in vandalism cases. At trial, prosecutors allege that Irwin extended his middle finger and shouted an expletive at police before lighting the contents of a Dumpster on fire. A chase then ensued with police officers ultimately tackling Irwin in bushes in Yerba Buena Gardens. Upon being apprehended, Irwin allegedly spat blood in the face of one of the officers.

The trial lasted two weeks with the testimony of three police officers giving conflicting accounts of the events according to the public defender’s office. Because of the conflicting testimony, it was unclear whether Irwin did light the fire in the Dumpster. Peter Santina, Deputy Public Defender, claimed that following Irwin’s arrest his clothes did not smell like smoke, and that he was not in possession of matches or a lighter. A friend of the defendant’s also testified that while Irwin jumped on the Dumpster in celebration, he did not set the fire. Ultimately, the jury found Irwin not guilty of arson.

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Could You Be Indicted for a White Collar Crime?

January 16, 2014 | by The Justice Firm

While certainly not as serious as being indicted for a violent crime, many white collar crimes lead to serious criminal penalties for those convicted. White collar crimes are generally related to financial matters, and involve no violence. Whether you are an accounting clerk in charge of the company petty cash box or in a management position with a bank or financial institution, you could be accused of a crime.

Falsifying a loan application, neglecting to report all of your assets when filing bankruptcy, even failing to file a tax return could leave you facing criminal charges. From highly visible celebrities to those working in a factory, literally anyone can find themselves being indicted for a crime.

Common White Collar Crimes in Los Angeles

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Los Angeles Felony Hit-and-Run

January 16, 2014 | by The Justice Firm

On January 5 of this year, a 32-year-old woman allegedly struck and killed a pedestrian in Rosemead; news reports indicate she was driving without headlights. Janet Bowman, driver of the SUV that struck and killed Qingrong Chai, turned herself into authorities after fleeing the scene of the accident.

The tragic accident occurred at approximately 7 p.m. in the area of Marshall Street and Greendale Avenue at an intersection. Witnesses told authorities that the SUV’s headlights were not on. Chai, who was 70 years old, died at the scene immediately following the accident. Bowman is scheduled to go to court in February. While news reports do not indicate the charges Bowman may face, it’s possible she will be charged with felony hit-and-run.

When an individual leaves the scene of an accident without identifying him- or herself to others who are involved, that individual may be charged with hit-and-run. Under California law, those involved in a car accident which results in injury or death are required to stop at the scene immediately. If you are the one who caused the accident and someone other than yourself suffered injuries or lost his or her life, prosecutors may decide to charge you with a felony offense, which typically involves more serious criminal penalties for those convicted than a misdemeanor charge.

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Civilian Employee with Los Angeles County Sheriff’s Department Charged with Forgery and Grand Theft; Pleads Not Guilty

October 31, 2013 | by The Justice Firm

Roxana Sanchez, a 25-year-old Los Angeles County Sheriff’s Department civilian employee, was recently charged with forgery and grand theft, both felony charges. Sanchez pleaded not guilty on Monday October 28.

Sanchez worked at the Century Regional Detention Facility as a civilian employee according to Steve Whitmore, a spokesman for the sheriff’s department. Whitmore said that when she said she was called up for active duty as a reservist with the U.S. Marines, she lied and forged military activation documents. Prosecutors in the case claim that Sanchez forged signatures on documents indicating that she would be deployed from March through May. Ultimately, Sanchez was paid wages by the sheriff’s department while she was allegedly on active military duty. According to news reports, she was paid just over $1,000 which she should not have been paid due to what authorities call “fraudulent actions.”

Individuals may be charged with a felony offense when forging a document in order to commit fraud. Considered a white collar crime, fraudulent activity can lead to serious criminal penalties for those convicted. This case clearly indicates that an individual does not have to commit a violent offense in order to be charged with a crime.

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Five Common (and Potentially Costly) Misperceptions in Los Angeles Criminal Court

October 3, 2013 | by The Justice Firm

There are several misperceptions defendants have when going to Los Angeles criminal court, the most common of which we will reveal below. Regardless of whether you have been arrested or charged with a seemingly minor offense, or something more serious that will potentially leave you facing severe criminal penalties if convicted, it is highly advised you seek the legal support of a seasoned LA criminal defense attorney.

Here are five of the most common misperceptions regarding Los Angeles criminal court:

1. I won’t show up for court, and the issue will go away. Not true – you should appear in court any time it is requested of you. Failing to appear will likely result in a warrant being issued for your arrest. These warrants remain in the computer systems of law enforcement agencies indefinitely, so it won’t “go away.” In fact, there are times when a warrant may be revealed many years or even a decade after it was issued. This could prove to be embarrassing, depending on your career and life at that point in time.

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Solona Beach Woman Facing Felony Embezzlement Charges

September 19, 2013 | by The Justice Firm

44-year-old Kristin Davis, a Solana Beach executive who owned and ran Paradigm Management Group, is facing criminal charges in connection with allegedly embezzling about $900,000 from a homeowners association. Paradigm Management Group managed the Simi Valley HOA Big Sky in 2008 and 2009, according to a statement made by the Ventura County Sheriff’s Department on Monday September 9.

Davis closed down Paradigm shortly after the thefts were revealed in 2009, and later opened MK Management. A dozen felony counts have been filed against Davis by Ventura County prosecutors, including insurance fraud and grand theft.

Melissa Hoff, former chief financial officer at Paradigm, also faces charges including conspiracy and grand theft, according to a news article at U-T San Diego. The two women allegedly embezzled over $900,000 over a 1 1/2 year time period from the community homeowners’ association. News reports indicate that detectives continue to investigate other associations which Davis managed and which may have lost money under her management. Additional charges may be forthcoming according to the San Diego Reader.

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California Drug Possession & Alternative Sentencing Options

September 11, 2013 | by The Justice Firm

Any criminal defense attorney would agree that in America, the drug problem is huge. Today, jails and prisons are overcrowded across the nation as America’s War on Drugs continues. However, in recent months lawmakers, advocacy groups and the general public have realized that placing offenders guilty of non-violent drug crimes in prison and jail has resulted in negative repercussions. Because of this, California and numerous other states have begun to reconsider the harsh punishment handed down to those less serious offenders. As a result, there are various alternative sentencing options which individuals may be eligible for when charged with specified drug crimes.

In Los Angeles, marketing of illegal drugs is an especially profitable industry. However, there is no question that illegal drug manufacturing and distributing leads to more serious criminal activity. Drug abusers not only commit robbery and even murder in their quest to obtain illegal narcotics and other substances, lives are destroyed every day because of addiction.

The good news in all of this is that California has taken the necessary steps to change the policies which have long been in place regarding certain drug crimes. In the past, lawmakers, police, and prosecutors were focused on one thing – making those who allegedly committed a drug crime, regardless of its seriousness, pay in the form of jail/prison time, steep fines, and other harsh penalties. Now, many of the changes that have been made focus on helping those with drug addiction and/or abuse problems get the help they need to get back on a positive path, rather than punishment. For those who qualify, Los Angeles County now offers alternative sentencing options for some drug offenses.

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