Violent Crimes
Van der Sloot Charged with the Murder and Robbery of 21 year old Student in Lima, Peru – California Penal Code Sections 187-199, and 211-215
CNN recently reported that Joran van der Sloot has been officially charged with the murder and robbery of a 21-year old student in Lima, Peru. Van der Sloot was also one of the prime suspects in the 2005 disappearance of American teenager Natalie Holloway, but was never charged due to a lack of evidence. Van der sloot is thought to be responsible for the murders of both Holloway and Flores.…
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Court’s Erroneous Admission of Gang Evidence Resulted in Reversal of Murder Convictions
In a recent decision by the California Court of Appeals, it was held that the trial court erred in admitting irrelevant and highly prejudicial gang evidence of the defendants' membership in a motorcycle club, where there was no evidence that the club was a street gang or a criminal enterprise, and where the prosecution offered this evidence in its case-in-chief primarily to show defendants' criminal disposition to commit murder. (People…
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Day Laborer Sentenced to 26 Years to Life For The Murder of Boss With Pickax
Ernesto Hernandez Avalos, a 23-year-old day laborer who murdered his boss by repeatedly hitting him with a shovel, then used a pickax to crush his head, was sentenced to 26 years to life in prison. In January of this year, Avalos was hired as a day laborer to work for a landscaping business owned by Woo Sung Park, a 45-year-old father from Rancho Santa Margarita. At a house in Irvine,…
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Santa Ana Gangster Kidnaps Ex-Girlfriend – California Penal Code 207
It was recently reported in the Orange County Register that a purported gang member is wanted in the kidnapping of his ex-girlfriend. Rudy Castellon, 23, allegedly went to his ex-girlfriend's parent's house. The mother refused to let Castellon see her daughter. Castellon is then accused of displaying a handgun and forcing his way into the home. Castellon allegedly pushed the girlfriend down the street. She returned the next day. Castellon…
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District Attorney Violates the Law by Violating the Legal Rights of Defendants – How an Experienced Southern California Defense Attorney Can Help Ensure Your Rights
The California State Bar Disciplinary Panel recently upheld a judge's recommendation to suspend former Santa Clara County prosecutor Benjamin Field from the State Bar for four years. Field appealed to the State Bar Review Department's finding that he had withheld exculpatory evidence and committed other misconduct in four cases he had prosecuted. He was accused of violating court orders and directives, performing incompetently, failing to obey the law, withholding evidence,…
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Nine Charged after Bullying of Teenage Student Phoebe Prince Ends in Suicide
It was recently reported that nine youths have been charged in relation to the suicide of a 15-year-old girl in Massachusetts. Phoebe Prince, who had recently moved to South Hadley, Massachusetts from Ireland, hung herself after being raped and bullied by classmates since the start of the school year in September 2009. Prince committed suicide on January 14th. Initially thought to be a case of cyber bullying, it is believed…
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Pasadena Couple Suspected in Murder and Torture in Infant Death Of 2-Year-Old Son – California Penal Code Section 187 and Section 206
It was recently reported that a Pasadena couple was charged with torture and murder in the child death of their 2-year-old son, who was found dead in the family home. Maria Pelaez, 30, and Gabriel Diaz, 33, reportedly admitted to police that they taped the limbs of 2-year-old Rene Torres to restrain and punish him. Torres died from asphyxiation. It is alleged the toddler's death was due to his mouth…
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Potential Sentence for Conviction for Assault with a Deadly Weapon
A Lifetime Revocation of Driving Privileges and How an Experienced Southern California Criminal Defense Attorney Can Help You Retain This Privilege - California Penal Code 245 The punishments associated with being convicted with a crime can lead to prison time, fines, probation, rehabilitation programs, and the loss of certain privileges. For many people, the most significant potential privilege to be lost is their driving privilege. Under California law, the Department…
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Nonmutual Collateral Estoppel Does Not Apply to Verdicts in Criminal Cases
The California Supreme Court has overruled a 35-year-old court precedent that allowed defendants in criminal trials to assert nonmutual collateral estoppel. (People v. Sparks, Feb. 8, 2010, No. S164614.) The high court ruled that a verdict regarding one defendant has no effect on the trial of a different defendant because courts should determine the propriety of a prosecution based on that prosecution's own record, not a different record from another…
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An Arizona Self-Help Guru Has Been Charged With Manslaughter
Self-help guru, James Arthur Ray, has been charged with three counts of manslaughter after dozens of his followers collapsed in a sweat lodge at his retreat center in Arizona. Allegedly, over twenty people were hospitalized, and three of them never regained consciousness and died at a hospital. If he is convicted, Mr. Ray could be sentenced to more than 35 years in prison. Since prosecutors charged Mr. Ray with manslaughter,…
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