Orange County Criminal Defense Blog

A 39-year-old man was arrested in connection with a series of burglaries throughout Orange County. According to a CBS Los Angeles news report, the man was arrested outside a family member’s apartment in Anaheim.

Officials believe that the man stole from the Our Lady of Peace Korean Catholic Center in Irvine on June 10, 2013. He has been accused of stealing a safe during that burglary. He is also a suspect in two previous burglaries at the Mandir Temple in Laguna Beach and the Islamic Center in Irvine. The authorities have arrested four additional suspects in connection with the burglary spree.

There are many different types of thefts, and they all carry significant penalties. California law defines burglary as entering a structure with the intent to commit a theft. Under California Penal Code 459: “Every person who enters any house, room,” or other building, “with intent to commit grand or petit larceny or any felony is guilty of burglary.”

You can face burglary charges without even taking anything. The prosecution only has to prove that you entered a building or some other enclosure with the intent to commit a theft. If charged with burglary, you could face misdemeanor or felony charges. Factors that will affect the severity of the penalties include the circumstances of the case and the defendant’s criminal history. If the prosecution chooses to pursue felony charges, the defendant could face up to six years in a California state prison.

A skilled Orange County criminal defense attorney will tirelessly fight the charges or negotiate for reduced penalties. Possible defenses include:

• Intent: If you did not intend to commit a theft or other felony, you cannot be convicted of burglary. This is a particularly useful defense if you did not actually commit the crime you have been accused of planning.
• Consent: If you owned the property or were invited onto the premises, you may be able to fight the burglary charges.
• Mistake of fact: This is a possible defense if you believed that you were taking an item, which belonged to you.

The skilled criminal defense team at the Law Offices of Jeremy N. Goldman has a long history of handling burglary and other theft cases in Orange County. If you or a loved one is facing burglary or theft charges, please contact us at (800) 349-1619 for a free consultation.

In August 2012, an Orange County truck driver went missing. As reported by The Daily Bulletin, three Ontario men have now been charged in his death. One suspect was arrested at his home on Euclid Avenue in Ontario. The two other suspects were already behind bars on unrelated drug charges.

Officials are still trying to piece together what happened last August. According to the report, the man went missing after making a delivery in the High Desert. He was then allegedly lured to Ontario, held against his will, beaten, and killed. Detectives excavated the back yard of one of the suspects and found bone and teeth fragments that may belong to the missing truck driver. One of the suspects has pleaded not guilty to charges of murder, aggravated mayhem, torture, and kidnapping. The three men may also face gang enhancement charges.

California Penal Code Section 187 defines murder as “the killing of another human being with malice aforethought.” This means that the individual was purposely trying to kill the other person or was acting with wanton disregard for human life. A conviction for homicide could result in the death penalty or life in prison. There are some cases where parole may be possible, but that is rare.

With gang-related killings, prosecutors will apply murder charges as well as California’s street gang enhancement. This requires the state to prove that the murder was committed and that it was related to a criminal street gang. A gang enhancement conviction will result in an additional 15 years to life in prison on top of the sentencing for murder.

The Orange County murder defense attorneys at the Law Offices of Jeremy N. Goldman have a successful track record of handling these types of challenging cases. If you or a loved one has been charged with homicide in Orange County, please call our offices right away for a confidential consultation at (800) 349-1619.

The Supreme Court upheld a program in Maryland that allows the authorities to take DNA from those arrested for violent felonies and burglary. Under Maryland law, the genetic evidence is only processed after the arraignment, and it is destroyed if the person is acquitted. According to a news report in The Los Angeles Times, the ruling on Maryland’s law by the Supreme Court partially protects California’s right to collect DNA during arrests.

The ruling does not protect California’s entire DNA program because California has broader DNA practices than Maryland. Under California law, more suspects are forced to provide DNA samples than just violent felons, and genetic profiles are not always removed when someone is acquitted. There are challenges to California’s program currently pending in the California Supreme Court as well as in the U.S. 9th District Circuit Court of Appeals. Current California law does allow suspects to request to have their DNA removed from the database after acquittal, but it can be a cumbersome and complicated process. Once in the database, a suspect’s DNA can get tied to past, unsolved crimes.

Whatever happens to California’s DNA collection program, it is clear that there is a trend toward gathering and storing more information from suspected criminals. Ever since Louisiana authorized the collection of DNA samples in 1997, other states have been creating and expanding their own programs. There is now even a National DNA Database known as CODIS, which allows the authorities to connect suspects to unsolved crimes in other states. The questions that state legislators are struggling with include:

• Which offenses are eligible for collection?
• Who is responsible for collection?
• Who is responsible for initiating expungement?

The criminal defense team at the Law Offices of Jeremy N. Goldman has a long and successful track record fighting for the rights of our clients. We will not only help you fight the charges you face, but also have your DNA information expunged from the database once the charges are dropped. If you or a loved one has been arrested on suspicion of a crime in Orange County, please contact us at (800) 349-1619 to discuss your case at absolutely no cost.

A 36-year-old man and his 33-year-old brother have been found guilty of multiple crimes in relation to a $15 million foreclosure scam. A spokeswoman with the Department of Justice reported that the two men were found guilty of mail fraud and other charges. Officials say that the brothers worked for Head Financial, which operated in Orange County between January 2004 and March 2006. During that time, the company promised to help homeowners avoid foreclosure only to trick them into signing over titles to their homes, prosecutors said. In 2008, 16 people were indicted in connection with the alleged scam.

Mail fraud is a federal white-collar crime. You may face mail fraud charges if the authorities believe that you used a mail carrier to send or receive materials in perpetuation of a scheme to commit fraud. In many cases, the mail portion of the scheme is very minor. That being said, once it is established that the scheme involved the mail system, the charges may escalate and the case will be handled in federal court.

It is absolutely vital to aggressively fight federal mail fraud charges because the penalties can include up to 20 years in federal prison. Possible defenses that a skilled federal criminal defense attorney will consider include:

• Mistake of fact: Did the defendant knowingly commit a crime? Business issues are often very complicated. In order to secure a conviction, the prosecution will have to show that specific intent was involved.
• Lack of intent: Complicated schemes that occur in a business environment can be difficult to understand. It is common for innocent people to get caught up in a fraudulent scheme that is being run by their supervisor.

The Orange County criminal defense team at the Law Offices of Jeremy N. Goldman has a long history of successfully fighting white-collar crime charges. If you or a loved one has been arrested on suspicion of fraud, please do not hesitate to call our offices at (800) 349-1619 to discuss your case at absolutely no cost.

Since the enactment of Megan’s Law in 1996, law enforcement agencies have informed the public about sex offender registrants who pose a risk to the public. According to the California Department of Justice, the Golden State has more registered sex offenders than any other state. This is due to the large population of California as well as the aggressive efforts of local law enforcement officers and prosecutors to crack down on sex crimes.

Depending on the type of crime that an individual is convicted of, he or she may be forced to register as a sexual predator or sexual offender.

• Violent sexual predator: This classification is reserved for individuals who committed murder during the commission of rape, kidnapping with the intent to commit rape, rape when accomplished through force or fear, certain acts of oral copulation, lewd acts with a minor, aggravated sexual assault of a child, rape involving an incapacitated victim, certain acts of sodomy, or assault to commit rape.
• Registered offender convicted of less serious sex offenses: This group includes individuals who have been convicted of felony sexual battery with a victim who was unlawfully restrained or misdemeanor sex offenses with minors.
• Registered offenders who are excluded from public disclosure: Individuals may be able to avoid online registration if they were convicted of sexual battery by restraint, misdemeanor child molestation, or an offense that did not involve penetration or oral copulation. In order to achieve exclusion, the offender will have to successfully complete probation or be in the process of successfully completing probation.

Having your criminal record posted online is just one part of being a registered offender. Offenders in California are required to update their registration information within five days of moving or risk facing jail time. Registered sex offenders are also required to update their information annually within five working days of their birthday. Transients are required to update their whereabouts every 30 days and sexually violent predators must check in every 90 days.

At the Law Offices of Jeremy N. Goldman, we understand how devastating a conviction for a sex crime can be. We help our clients fight sex crime charges and avoid registration as a sex offender. To discuss your case at absolutely no cost with an experienced Orange County criminal defense attorney, please call (800) 349-1619 today.

The roommate of a missing Army veteran has been arrested in connection with her death. According to an NBC Latino report, the 36-year-old woman was last seen in Orange. Officials found the missing Orange County student’s body in a remote area of Modjeska Canyon. After she disappeared, the authorities made contact with her roommate.  He was arrested shortly after her body was discovered.

Individuals charged with murder in California should acquaint themselves with complicated legal terms such as murder, manslaughter, and malice. Under California Penal Code Section 187, murder is defined as “the unlawful killing of a human being or a fetus with malice aforethought.” Murder is the most aggravated form of homicide and it is always unlawful. The difference between murder and manslaughter is that “malice” is required for a murder conviction. Express malice is when the defendant specifically intended to kill the victim.

Malice is “implied” under California law when:

• The killing was the result of an intentional act.
• The killing resulted from natural consequences of an act that is dangerous to human life.
• The act was performed deliberately with a conscious disregard for human life.

The penalties for murder in California can include a life sentence or even capital punishment. Therefore, it is important to consider all possible defenses before making any legal decisions. For example, was the fatal injury the result of an act of self-defense? Was the killing an accident? Was there criminal intent? Is it possible that the defendant did not understand the nature of his or her act or couldn’t distinguish between right and wrong?

A murder conviction could result in the death penalty or life in prison without the possibility of parole. If you or someone you love has been accused of murder, please contact an experienced Orange County criminal defense lawyer Jeremy N. Goldman to learn more about your rights and legal options.

A 60-year-old former Dana Point resident has been arrested in Florida and will be flown back to Southern California to face charges related to an alleged Ponzi scheme. According to an NBC Los Angeles news report, the Orange County man faces 58 counts of fraud, grand theft, and elder abuse for allegedly taking a total of $1.6 million from investors. Officials say he ran a brokerage called Dana Island Yacht Sales and Charters to buy and sell boats with other people’s money. As part of an alleged Ponzi scheme, he was using money from new investors on potential yacht sales to pay off previous investors.

A Ponzi scheme is an illegal investment operation that rarely involves any actual sales or investments. Individuals involved in Ponzi schemes build confidence in their businesses by paying high returns to investors with money from new investors. These types of operations typically collapse once the number of investors decline and the operators of the scheme are no longer able to pay off their returns. If an investigation takes place and the Ponzi scheme is uncovered, the operators of the scheme can face a number of serious charges.

Ponzi schemes are illegal and they generally result in federal and state white-collar criminal charges. Ponzi schemes typically result in multiple charges because of the large sums of money involved. It is common for individuals to face charges of:

• Fraud: Intentional deception made for personal gain.
• Theft: The taking of another person’s property with the intent of depriving the rightful owner.
• Grand theft: In California, you can face grand theft charges for taking more than $950.
• Elder abuse: Financial schemes that target the elderly are forms of financial elder abuse.

A conviction for Ponzi scheme-related crimes can result in several years of incarceration. If you or someone you love has been arrested for fraud or theft, please call the Law Offices of Jeremy N. Goldman at (800) 349-1619 for a free, no-obligation consultation.

A jury has found a 59-year-old man guilty of a murder that occurred back in 1987. According to the Orange County District Attorney, the man was found guilty of one felony count of special circumstances murder in the commission of robbery, murder for financial gain, and murder in the commission of rape. He faces a life in prison without parole.

Officials believe that he and an unidentified second man entered the Buena Park home of a strip club owner. He and his accomplice allegedly bound and raped a friend of the victim, shot the strip club owner in the head, and stole personal items including jewelry and credit cards. The case went cold because DNA technology was not available in 1987 and the female rape victim did not know either of her attackers.

The man convicted in this case was arrested more than 20 years after the crime took place. In 2008, the suspect’s DNA was submitted to the national DNA database for an unrelated case in Hawaii. That evidence was linked to the 1987 rape, which ultimately led to the murder charges.

It is common for individuals to face criminal charges based on nothing more than DNA evidence. Forensic DNA testing is often promoted as an infallible form of identification capable of justifying a prison sentence or overturning a wrongful conviction. It is important to remember that there are case-to-case variations in the quality and nature of DNA evidence. There is no guarantee that a test will provide reliable results every single time it is used. Furthermore, there are often case-specific issues that affect the relevance and quality of the DNA test results.

If you or a loved one has been charged with homicide in Buena Park, it is vital that you reach out to a skilled criminal defense attorney who will review all of your legal options. At the Law Offices of Jeremy N. Goldman, we know how to question the validity of the evidence against our clients. Please call our offices today at (800) 349-1619 to begin aggressively fighting the charges you face.

A 57-year-old former Los Angeles Unified School District teacher has been ordered to be tried on 14 charges of sexually assaulting nine students and a relative. According to The Daily Pilot, a Los Angeles County Superior Court judge ruled that the former teacher must stand trial on charges of continuous sexual abuse and molestation. He was arrested after allegations were made that he had inappropriately touched several fourth-grade female students. Officials believe that his alleged abuse of children at George De La Torre Elementary School begun back in 2002.

This case is one of many involving teachers within the Los Angeles Unified School District. In January 2012, a Miramonte Elementary School teacher was arrested for allegedly sexually assaulting students in class. Furthermore, a recent audit showed that the district failed to promptly report 150 cases of suspected teacher misconduct. In light of these events, teachers should expect increased scrutiny.

Child molestation is the act of making unwanted and indecent advances to a minor for sexual gratification. Any type of sexual advance or contact made with a child can result in criminal charges. The mere allegation of a child molestation crime comes with severe consequences. It is common for teachers, care providers, and others tasked with supervising children to face suspension or termination from their place of employment after being accused of molestation or abuse.

These complicated cases are often based on little more than the words of the victim. It is important to examine if there is any actual physical evidence of wrongdoing. If you or a loved one has been charged with molestation or abuse, it is advisable to seek the counsel of an experienced criminal defense attorney who has a history of successfully fighting sex crime charges in Orange County.

A Costa Mesa man and three men from Irvine were convicted of fraud in a real estate scam that affected hundreds of victims. According to The Daily Pilot, the four men pleaded guilty recently to one felony count of conspiracy to collect illegal upfront fees and three of the men pleaded guilty to conspiracy to commit theft by false pretenses. A fifth man involved in the scam pleaded guilty in June 2012. The potential penalties for the men include six to nine months in jail, formal probation, and restitution.

Officials say the men created several loan modification businesses to take more than $130,000 from hundreds of victims in California and other states. They allegedly used fake businesses to entice homeowners to restructure their loans. They then kept the money and performed no services.

Conspiracy is a crime involving two or more people hatching an illegal plan. Conspiracy under California Penal Code 182 is when there is a group of individuals planning on committing a crime and one of them overtly acts to further the plan. It is common for individuals to face penalties for conspiracy in addition to penalties for the crime they conspired to commit.

The type of conspiracy that the defendant is charged with will determine the punishment. Some conspiracy cases are “wobblers,” which means that they may be prosecuted as misdemeanors or felonies. In many cases, the severity of the penalties for conspiracy to commit a crime is directly connected to the underlying offense.

Anyone facing multiple charges for theft, fraud, or conspiracy would be well advised to contact a skilled criminal defense attorney before discussing their case with the authorities. At the Law Offices of Jeremy N. Goldman, we know how to fight conspiracy charges in Costa Mesa. Please call our offices at (800) 349-1619 for a free, confidential, and comprehensive consultation.