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Recent Blog Posts in October 2009

October 30, 2009
  Hit and Run
Posted By Richard Sudar
California Vehicle Code Section 20002  defines what constitutes a "hit and run."  Basically, it is a misdemeanor to leave the scene of an accident involving property damage to a third party, without first providing the other party with certain identifying information.  Often, individuals will bump into another car so litely with their vehicle that they think nothing of it.  Or, conceivably, they have may no idea that there was sufficient contact to justify the need to stop, wait, and exchange inormation.  Such an innocent mis-judgment can prove problematic.  Any small contact -- enough to cause even minimal damage -- requires the parties involved to stop.  I have handled numerous cases whereby the party who was tapped into, or even another driver on the road who saw the "collision", takes down a license plate number and calls the police.  And then, weeks or months later a phone call is made accusing an individual of "hit and run."  In other circumstances, the person who caused the collision gets scared and intentionally drives or runs away.  Recently, that was the unfortunate situation involving someone who left the scene.  A passenger in the other car later died.  The person who left was charged with committing vehicular manslaughter (California Penal Code Section 192, et seq.).  As I have written in regards to other offenses, the intent of the perpetrating party is the key in determining what if any charges can and will be filed.  I have a long-standing relationship with many district attorneys' offices throughout Southern California.  As a former prosecutor, I know what proof is required and what it takes to properly defend these types of cases.  Invariably, police officers and detectives will want a statement from someone they believe to have been involved in a hit and run accident.  It is absolutely essential that an experienced criminal defense attorney intervenes before that happens.  Generally speaking, giving a statement to the police never ever helps to prove someone innocent;  One wrong word can seriously hurt a defense.  If you or someone you know has been involved in a hit and run accident and has been, or fears that they may be, contacted by the police, the first thing that needs to happen is to seek the advice of a criminal defense lawyer.  We are always available to assist on your behalf and fight to protect your rights.  To speak with someone now, kindly call (310) 277-4112 or simply click here for immediate assistance.
Continue reading "Hit and Run" »

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October 29, 2009
  Insurance Fraud and Welfare Fraud
Posted By Richard Sudar
Insurance fraud and welfare fraud can be charged if the government believes that an individual is attempting to, or has attempted to, illegally obtained insurance benefits from from either Automobile Insurance, Workers' Compensation, or Welfare.  These types of matters are considered "paper" cases and require intense investigation, follow-up, and, in most instances, a tremendous amount of paperwork (hence the nickname).  For that reason, prosecutors generally prefer to resolve these matters expeditiously.  Understanding the various code sections involved is key.  The crimes targeted by these investigations are primarily: Section 550 of the Penal Code - False or fraudulent claims or statements; Section 1871 of the Insurance Code - The Insurance Fraud Prevention Act; Section 118 of the Penal Code - Perjury; and Section 487 of the Penal Code - Grand Theft.  As a law clerk in the Auto Insurance Fraud Division of the Los Angeles County District Attorney's Office, I aided in the prosecution of dozens of insurance fraud schemes, including multi-million dollar schemes involving several government agenies.  It was that insight that truly gave me the understanding to now defend individuals charged and targeted in these types of cases.  Throughout Southern California, I have successfully defended numerous individuals charged, at all levels, for various insurance related crimes.   As I always say, mere allegations are not proof.  People desesrve to have their good names and rights defended to the fullest extent possible.  For help with your insurance related matter, especially if the government is coming after you, contact the Law Offices of Richard M. Sudar at (310) 277-4112 or simply click here for immediate assistance.
Continue reading "Insurance Fraud and Welfare Fraud" »

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October 28, 2009
  Should a Baseball Fanatic in Philadelphia be Prosecuted for Prostitution?
Posted By Richard Sudar
In a case that has been dubbed "sex for tix", a suburban Philadelphia woman, Susan Finkelstein, has been charged with Promoting Prostitution.  Her crime?  Allegedly offering sex in exchange for a pair of World Series tickets.  According to her lawyer, Ms. Finkelstein was merely ". . . a nice lady overcome with Phillies fever."  For her part, Ms. Finkelstein told The Associated Press in a phone interview on Wednesday, "I didn't do anything wrong, so I'm not embarrassed about my actions.  I'm embarrassed about how I was arrested."  She later added, "I was hoping to maybe meet someone, and talk, and bat my eyelashes and maybe get some tickets."  Ms. Finkelstein said this only a day after meeting at a suburban bar with an undercover police officer responding to her ad on Craigslist.  And to make matters even more interesting, the tickets were going to be a present to be used by her and her husband.  At this point, it is unclear whether or not Ms. Finkelstein ever explicitly offered sex for tickets but she none-the-less faces a hearing in court on Decembe 3rd.  The bigger question remains, should Susan Finkelstein really be prosecuted for prostitution?  The answer is easy, absolutely not.  If this were a date under normal circumstances, two people meeting in a bar, nobody would think twice.  Prostition, as I previously have written, is defined as any lewd act between persons for money or other consideration.  California Penal Code Section 647, et seq.  As a criminal defense attorney is Southern California, I have successfully handled numerous cases involving prostition, pimping, and pandering.  Never have I even heard of a case involving sex for tickets.  To prosecute a case like this is ridiculous.  While it technically might, and I say might, meet a strict definition of prostitution, what possibly can be gained?  First of all, prosecuting cases costs money.  Second, and most importantly, what public good can possibly come of it?  None.  There has to be some discretion in the law.  One has to weigh both the letter and the spirit of the law.  This week, in Philadelphia, that principle and common sense seem to be in short order.  If you have questions about this topic or need the help of a top criminal defense lawyer, call the Law Offices of Richard M. Sudar at (310) 277-4112.  You also can click here for immediate assistance. 
Continue reading "Should a Baseball Fanatic in Philadelphia be Prosecuted for Prostitution?" »

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October 28, 2009
  Probation Violations and Parole Violations
Posted By Richard Sudar
An individual may be placed on probation as a result of a felony or misdemeanor conviction.  Probation may be imposed in cases where the sentence imposed includes one year or less in the county jail.  Probation may be formal -- in felony matters, supervised by a probation officer -- or informal / summary probation in the case of misdemeanors.  Parole occurs only after an individual has served time in state prison as a result of one or more felony convictions.  Although a shorter time-frame may be imposed, the period of both probation and parole tends to be between 3 and 5 years.  The main purpose of both parole and probation is to prevent reoccurences of criminal conduct.  Specific terms of both are delineated, and invariably contain a "catch-all" provision.  Any violation of law, felony or misdemeanor, can be used to violate a defendant's probation or parole.  Additionally, the standard of proof is much lower in parole or probation violation hearings than the "beyond reasonable doubt" standard generally used in criminal cases.  The standard is so low, in fact, that prosecutors often decide to forego prosecuting the present conduct as a separate offense, opting instead to proceed with a violation hearing.  And, the consequences can be dire, especially when "suspended time" in jail was part of an original disposition.  It is absolutely essential, therefore, that an experienced criminal defense attorney handle parole and probation violation matters.  Since the standard for finding a violation is relatively low, without the assistance of such an attorney, the chances of being penalized and found in violtion increase dramatically.  Recently, in a downtown Los Angeles courtroom, I was able convince the judge not to violate my client even though he technically had violated his probation.  Instead of imposing the "suspended time" that the prosecutor was demanding, the judge let my client walk-out from the court-room with merely a warning.  I had a very similar experience not too long ago in the Southbay, Torrance CourthouseI have been successful throughout Southern California, even in the decidedly pro-prosecution jurisdiction of Ventura.  I have a tremendous amount of experience and a great track-record in helping people avoid serious consequences even when they admit, in open court, to violating their parole or probation.  Parole and probation officers can be "nit-picky" and, in some unfortunate cases, vindictive as well.  Do not let yourself or someone you love be taken advantage of and sent to jail or prison.  I fight aggressively from the beginning to protect my clients' rights.  For more information, kindly call the Law Offices of Richard M. Sudar at (310) 277-4112 or simply click here for immediate assisatnce.  We offer a free consultation.
Continue reading "Probation Violations and Parole Violations" »

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October 28, 2009
  Kidnapping, Carjacking, and False Imprisonment
Posted By Richard Sudar
The crime of kinapping can be defined generally as unlawfully seizing and carrying away a person by force or fraud, or seizing and detaining a person against his or her will with an intent to carry that person away at a later time.  The carying, the movement, need only be minimal.  Many states, including California, have enacted special laws for carjacking, a specialized form of kidnapping.  Carjacking occurs when one person forces a driver out of the driver's seat and steals the vehicle.  Carjacking is a felony whether the aggressor keeps the victim in the car or forces the victim from the car.  There are certain presumptive sentencing laws associated with kidnapping as well.  In California, the carjacking statute is contained within the penal code's chapter on kidnapping, and it can carry a sentence of life imprisonment without the possibility of parole.  (Cal Penal Code §209.5)  Additionally, both kidnapping and carjacking are considered "serious or violent felonies" - strikes under California's "Three Strikes" law.  Both carjacking and kidnapping can be used as the underlying conduct in felony murder cases and as "special circumstances" to support a death penalty finding in capital murder casesKidnapping laws are similar to laws on unlawful or felonious restraint, parental kidnapping, and false imprisonment. These crimes cover the range of unlawful movement and unlawful restraint cases.  False imprisonment technically is a lesser form of kidnapping because it does not require restraint for a specified period or specific purpose (such as to secure money or commit a felony).  False imprisonment is a relatively inoffensive, harmless restraint of another person.  It usually is prosecuted as a misdemeanor, punishable by no more than a year in county jail.  Parental kidnapping is the abduction of a child by a parent.  As an aggressive criminal defense attorney in Southern California, I have handled numerous cases involving kidnapping, carjacking, and false imprisonment.  Only a top, experinced criminal defense lawyer will know how to aggressively fight these charges, fully protect and defend the rights and, ultimately, minimize consequences.  If you or someone you know has been charged with kidnapping, carjacking, or false imprisonemnt, or you seek help with another matter involving criminal defense, kindly call the Law Offices of Richard M. Sudar at (310) 277-4112 or simply click here for immediate assistance. 


Continue reading "Kidnapping, Carjacking, and False Imprisonment" »

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October 27, 2009
  Restraining Orders
Posted By Richard Sudar
Unfortunately, many good people find themselves in situations where they are subjected to a retraining order.  It seems, these days, that courts issue these orders without much proof; one person's word taken at face value.  The important thing to know is that you can fight back.  As a criminal defense attorney, I have handled numerous hearings throughout Southern California and what I have learned is that an aggressive, proactive approach is best.  You have rights.  Even if a temporary restraining order has been issued, a full hearing is required for those orders to be extended.  Restraining orders can show up in background checks and even at the airport, when someone is just trying to travel freely.  These situations can be even more embarrasing if the person restrained is traveling with family, friends, or business associates.  Restraining orders most commonly are issued in domestic violence cases and in family law court;  Typically, when people are most vulnerable.  The thing to realize is that once an order is issued, the person who sought the order is free conduct their  lives as before while the respondent often cannot even see their own children without fear of being in violation and arrested.  In today's technological age, with e-mail, FACEBOOK, and other social utility tools so commonly used, one wrong message can land an individual in hot water.  People often do not realize that they have even violated the order.  More and more I see people who did not know that they had a restraining order issued against them in the first place.  Restraining orders should not be tools used to get an unfair advantage, when there is no real proof of inappropriate conduct.  If you or someone you know is the subject of a restraining order, you need an experienced criminal defense attorney to fight for your rights.  We at the Law Offices of Richard M. Sudar can help.  For more information, kindly call (310) 277-4112 or simply click here for immediate assistance.
Continue reading "Restraining Orders" »

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October 26, 2009
  Protecting Rights and Freedoms (Because not All Abuse is Caught on Video)
Posted By Richard Sudar
People ask me all the time why I became a criminal defense attorney.  The answer really is quite simple -- to protect the rights of the accused and stand up for those who feel voiceless and abused.  Recently, four San Jose police officers were placed on administrative leave.  The action was taken after a cell phone video shows police repeatedly hitting 20-year-old Phuong Ho.  The video of the incident, which occurred on September 3rd of this year, prompted a criminal investigation.  So what happens when there is no video?  What happens when it's your word against that of a police officer?  As a criminal defense lawyer here in Southern California, I have been told hundreds of times by dozens and dozens of clients that what is written in a police report is not true.  While the vast majority of police officers are good decent people, like in any profession, there are going to be those that cross the line.  The breaches may seem trivial in some instances and utterly unforgivable in others.  But they all share one similar attribute.  None is acceptable.  None can be tolerated.  DUI cases, for instance, are very, very technical and require a particular expertise.  I understand the intricacies involved.  When procedure is not followed, I can see it, sense it, and deal with it appropriately. In drug cases, searches and seizures must be done pursuant to a warrant or only in cases of extreme exigency.  People need to know that just because they are charged or accused of a crime does not mean they are guilty.  At the Law Offices of Richard M. Sudar, we fight extremely hard each and every day to protect the rights of the accused.  Having an experienced, respected criminal defense lawyer, many times, makes the difference when people are not in a position to defend themselves, when their voices are not heard, when there is no video (or even when one exists).  For more information or to speak with someone on our team, kindly call the Law Offices of Richard M. Sudar at (310) 277-4112 or simply click here for immediate assistance.
Continue reading "Protecting Rights and Freedoms (Because not All Abuse is Caught on Video)" »

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October 25, 2009
  Criminal Threats / Terrorist Threats
Posted By Richard Sudar
What used to be called Terrorist Threats appropriately has been renamed Criminal Threats.  It used to be that the charge invoked images of terrorist attacks, bombings, etc.  That was never the case.  Penal Code Section 422 defines a criminal threat as follows: Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.  (Cal. Penal Sect. 422)  The charge itself can be filed as a felony or as a misdemeanor -- shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.  An individual's prior record and, most importantly, the particular facts and circumstances surrounding the present (charged) offense will dictate whether or not the prosecutor will seek to proceed with a felony charge, a misdemeanor charge, or no charge at all.  As a former deputy district attorney in Los Angeles County and now as an experienced criminal defense attorney, I truly understand how filing decisions are made and the best, most effective strategies to aggresively and effectively fight the charge.  Often, I have been able to speak with a filing deputy district attorney or city attorney and, because of my good relationship and reputation with them, been able to present facts that have led to no charges ever being filed against my clients in the first place.  In fact, I consider being able to quickly and effectively resolve cases an extremely important criminal defense skill.  The bottom line is that if you need the help of a top criminal defense lawyer because you or a loved one is being charged with criminal threats, you need to call the Law Offices of Richard M. Sudar at (310) 277-4112.  We continue to serve those needing help throughout Southern California.  For immediate assistance you also can simply click here.
Continue reading "Criminal Threats / Terrorist Threats" »

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October 23, 2009
  The D.M.V. -- What You Need to Know
Posted By Richard Sudar
Questions about the D.M.V. most commonly are asked in regards to an arrest for Driving Under the Influence (D.U.I.).  However, the Department of Motor Vehicles has broad discretion in determining whether or not any particular individual can drive.  When we first get our driver's license, we are told that "driving is a privilege, not a right."  But what does that actually mean?  It means that if we are not careful, our driver's license can be suspended or restricted for any number of reasons.  In relation to an arrest for D.U.I., for example, the D.M.V. must be notified within 10 days of that arrest; a stay of suspension and administrative hearing must be requested.  If that is not done, the person's license is subjected to suspension within 30 days (4 months for a first offense, 18 months for a second or subsequent D.U.I.).  As a criminal defense attorney who has dealt extensively with D.M.V. hearing offices throughout Southern California,     I have handled hundreds of cases / hearings with the D.M.V.  Recently, an individual sought my help to save his license after he was informed that the D.M.V. intended to suspend his driver's license because he had too many points on his record.  The D.M.V. sought to classify him as a negligent operator.  His livelihood depended in large part on his ability to drive.  We were able to stay and ultimately stop the suspension from taking effect.  Many of my client's, especially in the recent economic down-turn, have had their driver's licenses suspended for failure to pay child support.  Those individuals needed an attorney not only familiar with the D.M.V. but one also comfortable and successful in criminal and possibly family court as well.  In another matter, the D.M.V. was threatening to suspend my client's license simply because they thought that she was "too old" to drive.  She was not and we saved her license.  Whether dealing with D.M.V. Hearing Offices in Ventura County, Orange County, Los Angeles County, San Bernardino County, Riverside County, or San Diego County, it is critical to know the D.M.V. personnel at each location.  Different hearing officers have different styles and may even care more or less about certain facts and scenarios.  Knowing and understanding the particularities is key and may mean the difference in saving someone's driver's license, and in turn, their livelihood and /or their ability to perform basic familial responsibilities.  As you can see, there is much to know about the D.M.V.  Getting the best, most experienced criminal attorney most familiar with all of these issues is key.    For help with your D.M.V. issues or criminal law questions in general, call the Law Offices of Richard M. Sudar at (310) 277-4112 or simply click here for immediate assistance.
Continue reading "The D.M.V. -- What You Need to Know" »

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October 23, 2009
  What You Need to Know About Expungements and Early Termination of Probation
Posted By Richard Sudar
I was recently asked to file for an expungement because someone's criminal record was preventing them from becoming a foster parent.  Unfortunately, that individual was still on probation and courts will not grant an expungement in a if that individual is still on probation in that case or any other case.  For those who do not know what an expungemnt is, an expungement is the process by which a criminal charge (felony or misdemeanor) effectively is erased from their record.  Keep in mind, however, for purposes of state licensing and in certain immigration related instances, an expungement may be only the first step in accomplishing certain tasks.  Generally speaking, as an experienced criminal defense attorney, I know how invaluable expunging your record can prove to be.  Fees for filing for an expungement have increased recemtly and the process for filing the appropriate paperwork has become somewhat more complicated.  Additionally, other motions may need to be filed prior to filing for an expungement.  As I alluded to earlier, judge's will not approve an expungement if an individual still is on any type of grant of probation.  And that fact may prove extremely problematic in cases where someone is seeking alternate employment or simply wants to travel freely without the  risk of being stopped and detained at an airport.  So what can be done to expeditite the process in these and in similar situations?  One tool is to file a motion for an early termination of probation based on any number of issues.  I personally have filed dozens of this type of motion throughout courts in Southern California.  I have been very successful in getting courts to agree to terminate probation early and / or even reduce felony convictions to misdemeanors.  I have saved my clients time, money, aggravation, and potential damage to their reputations.  So if you or someone you know has a criminal record and wants it cleared up in the best, most efficient way possible, kindly call the Law Offices of Richard M. Sudar at (310) 277-4112 or simply click here for immediate assistance.
Continue reading "What You Need to Know About Expungements and Early Termination of Probation" »

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October 22, 2009
  The Intersection of Criminal and Immigration Law
Posted By Richard Sudar
Since 09/11/01, the federal government has become increasingly stricter on issues relating to immigration and naturalization.  Requirements have increased dramatically for those trying to obtain a "green card" to individuals applying for citizenship.  Unfortunately for many, a past conviction or present charge can all but destroy somebody's citizenship and / or other immigration related dreams.   This fact is especially painful for those that have spent years  establishing themselves, bettering their communities, or raising families.  So what can someone do if the unthinkable happens and a criminal charge or allegation is threatening their immigration status?  The answer is to hire the best criminal defense attorney who will fight for them.  One that is intimately familiar with immigration law and truly understands potential consequences from both a criminal defense and immigration perspective.  At the Law Offices of Richard M. Sudar, not only do we personally handle these types of matters regularly but we also work closely with the best immigration law attorneys.  No stone is left unturned.  Cases are viewed from all perspectives; immigration and criminal.  It would be tragic, for instance, to achieve a great result in criminal court only to learn later on that the person was being deported or denied citizenship because of something that happened along the way.  More and more it seems that criminal law and immigration law intersect, overlap, and directly affect each other.  When so much is on the line, you should only trust the best criminal defense lawyer who understands the immigration side of the equation as well.  As a criminal defense attorney based in Southern California, I see and hear every week about the consequences when these types of "cross-over" criminal / immigration cases are not handled in the best possible way.  Do not let that happen to you!  For more information about criminal and immigration law and especially if you or a loved one is facing one of these types of cases, kindly call the Law Offices of Richard M. Sudar at (310) 277-4112.  You can also simply click here for immediate assistance.
Continue reading "The Intersection of Criminal and Immigration Law " »

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October 21, 2009
  Is the Death Penalty Simply Too Expensive?
Posted By Richard Sudar

Should the death penalty be put to death?  That question undoubtedly evokes very strong emotion from all sides of the debate.  But apart from any moral / ethical arguments, a recent study found that the death penalty costs states hundreds of millions of dollars a year, depleting budgets in the midst of economic crisis.  That fact held true even when executions were not carried out.  "It is doubtful in today's economic climate that any legislature would introduce the death penalty if faced with the reality that each execution would cost taxpayers $25 million, or that the state might spend more than $100 million over several years and produce few or no executions," argued Richard Dieter, director of the Death Penalty Information Center and the report's author.  And, interestingly enough, only one in every three capital trials may result in a death sentence, so the true cost of that death sentence is $3 million," the study's author said.  The bottom line is that in just one death penalty trial ". . . the state may pay $1 million more than for a non-death penalty trial."  "Surely there are more pressing needs deserving funding," he wrote, emphasizing and noting that execution itself, statistically speaking, is one of the least effective crime deterrents.  When you factor in the reality only 1 in 10 death sentences handed down may result in an execution, the cost to the state to reach that one execution is $30 million, Dieter explained in a report entitled "Smart on Crime."  A majority of Americans support capital punishment (the death penalty).  The questions remains, would they do so if they truly understood the costs involved?  As an experienced criminal defense attorney based in Los Angeles , I am told by judges repeatedly to "move cases along" and that the state simply cannot afford delays and continuances.  Here, in California, we have such an extensive budget shortfall that all courts are closed the third Wednesday of every month.  Should we in California continue to advocate for and support the death penalty?  Strictly monetarily speaking, the answer has to be a resounding no.  For more information about the death penalty and all of your criminal defense needs, kindly contact the Law Offices of Richard M. Sudar at (310) 277-4112 or simply click here for immediate assistance.


Continue reading "Is the Death Penalty Simply Too Expensive?" »

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October 20, 2009
  Is Incarceration for Marijuana and Other Drug Offenses Cruel and Unusual Punishment?
Posted By Richard Sudar
Yesterday, the federal government enacted a new policy as relating to the prosecution of certain cases involving marijuana.  According to The Associated Press, federal drug agents won't pursue pot-smoking patients or their sanctioned suppliers in states that allow medical marijuana.  Two Justice Department officials described the new policy to The Associated Press, saying prosecutors will be told it is not a good use of their time to arrest people who use or provide medical marijuana in strict compliance with state law.  The new directive begs the question, is incarceration for drug offenses, especially for those involving marijuana only, cruel and unusual punishment?  While that question is not directly answered by this recent shift in attitude by the federal government, I believe that the answer is yes!  As a criminal defense attorney based in Los Angeles, I have seen the number of prosecutions for drug related crimes climb at an alarming rate.  One of the great tragedies of our criminal justice system is the scarcity of appropriate programs and facilities to successfully deal with addicts.  As a former deputy district attorney and now as a criminal defense attorney, I have seen and represented hundreds of defendants whose problems stem from an addiction of one sort or another;  A robbery committed to get money for drugs or a carjacking done while an individual was high and not thinking clearly are just two examples.  It is time that we as a society begin outwardly to acknowledge what the federal government did just yesterday.  There is no other way to state the fact, incarceration for drug crimes, especially those involving marijuana only, is cruel and unusual.  It is even more disturbing when the marijuana is for personal medicinal use.  For more information on this topic and especially if you need the help of an experienced criminal defense lawyer who understands how to defend drug crimes and cares about each defendant as an individual, kindly call the Law Offices of Richard M. Sudar at (310) 277-4112 or simply click here for immediate assistance.
Continue reading "Is Incarceration for Marijuana and Other Drug Offenses Cruel and Unusual Punishment?" »

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October 18, 2009
  Should the Balloon Boy's Parents be Criminally Charged and Prosecuted?
Posted By Richard Sudar
Much of the nation was riveted last week at the site of a home-made hot air balloon traveling rapidly (approximately 25 m.p.h.) across the Colorado sky in Larimer County.  The reason for all of the attention was the belief that 6 year old Falcon Henne (now dubbed "balloon boy") had climbed in and become trapped in a home-made hot air balloon just a few seconds before the balloon accidentally took off.  The site of the silver balloon careening through the air with a young boy inside was terrifying.  As it turns out, however, there appears to have been no legitimate reason for concern.  This act apparently was a publicity stunt gone horribly wrong.  The boys parents had previously appeared on the television show, Wife Swap.  And authorities became suspicious very early on.  On the Larry King show, when asked why he did not come forward earlier, Falcon remarked that his "hiding" was for the "show", implying that everything was staged for effect.  The bottom line is that the authorities now believe that the entire episode was a hoax and that the alleged plot was hatched in an attempt by the Heene family " . . . to better market themselves for a reality show at some point in the future," Larimer County Sheriff Jim Alderden said. "They were lying", said Alderden.  In fact, the Larimer County Sheriff's Office will recommend charges of conspiracy, contributing to the delinquency of a minor, false reporting to authorities, and attempting to influence a public servant against the Heenes.  To date, no charges have been filed and neither Richard nor Mayumi Heene (the boy's parents) are under arrest.  Some of the most serious charges each carry a maximum sentence of six years in prison and a $500,000 fine.  Significant federal charges may be filed as well.  So what can we take away from this bizarre incident?  In my opinion, if it is proven that the parents lied (they are, after all, entitled to the presumption of innocence) and subjected their children and the country to a non-sensical charade to the point of involving federal authorities and the Federal Aviation Administration (F.A.A.), they deserve to be prosecuted.  As a criminal defense attorney, I believe in using every tool to prove my client's innocence.  For instance, while polygraphing is not "fool-proof", it can be very helpful.  Most recently, in a rape case in Ventura County, gang rape charges that could have subjected my client to life in prison were dismissed in large part because I aggresively fought to exonerate my client.  In that instance, he passed a polygraph test.  I would point out that in the case involving the "balloon boy", it is my understanding that a polygraph test was administered to the boy's father.  The key is having a good criminal defense lawyer protecting your rights from as early on as possible.  It is imperitive that an experienced criminal attorney get involved right away.  In the case of the parents of "baloon boy," statements that already have been made likely will prove devastating to their defense.  Don't get me wrong, in that case, for the amount of money that he cost taxpayers, the anxiety that he caused for so many, and most significantly for the emotional trauma that he must have inflicted on Falcon and his brothers through his elaborate plot and lies, especially the father deserves to be prosecuted.  That may sound strange coming from a criminal defense attorney.  However, when other people blatantly manipulate the system, it makes it that much harder for those of us who fight hard for our clients' rights the ethical way.  I would never want the trust that I have built up for so many years (both as as a former prosecutor with the Los Angeles County District Attorney's Office and as a criminal lawyer) with judges and prosecutors to be suddenly questioned as a result of people becoming jaded.  Focusing on getting cases dismissed and charges reduced must be done in an ethical way.  In the end, that is undoubtedly the way to achieve the best results.  If you have further questions on this topic or need the help of an experienced, respected, top criminal defense attorney anywhere in Southern California call the Law Offices of Richard M. Sudar at (310) 277-4112 or simply click here for immediate assistance.  Someone always will be available to assist you; 24 hours a day, seven days a week.
Continue reading "Should the Balloon Boy's Parents be Criminally Charged and Prosecuted?" »

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October 16, 2009
  Assault and Battery
Posted By Richard Sudar
While many people believe them to be one and the same, the crimes of assault and battery are very distinct crimes.  Battery, California Penal Code Section 242, et. seq. is a "general intent crime."  What that means is that the intent of the perpetrator is irrelevant.  Any unwanted touching technically can constitute a battery.  Battery can be classified either as a felony or a misdemeanor, depending on the conduct.  As such, the crime of battery is considered a wobbler.   Battery also can be defined as a completed assault.  The reverse is also true.  Technically speaking, a person can be charged with battery for just hitting / inappropriately touching an object connected to another person.  Assault is defined in California Penal Code Section 243, et. seq.  In a nutshell, placing someone in imminent fear of an unwanted touching is assault.  Unlike battery cases, assault charges are specific intent in nature.  A defendant's criminal liability may be limited if, for whatever reason -- ie. intoxication, rage -- their mental state somehow was impaired at the time of the incident.  As in the case of battery, assault can be a felony or a misdemeanor.  In fact, Assault with a Deadly Weapon may even be considered a serious or violent felony, a strike under California's Three Strikes law.  A recent client of mine in Riverside County was charged with felonious Assault with a Deadly Weapon for bumping another car with his vehicle in a "road rage" type situation.  Additionally, there are many different sub-sections of assault and of battery, largely dependent upon the status (police officer, significant other, etc.) of the victim in relation to the defendant.  Obviously, when conduct can be considered a misemeanor or a felony, and may even constitute a strike offense in the most serious of cases, hiring the best criminal defense lawyer as early on in the process as possible is key.  As a top criminal defense atorney, I have successfully handled hundreds of assault and battery cases in Los Angeles County, Orange County, Ventura County, and beyond.  I know what it takes and will not stop until you get justice.  If you have further questions, and especially if you or someone you know needs the help of the best criminal defense lawyer, simply click here or call the Law Offices of Richard M. Sudar at (310) 277-4112.  Time may be running out.  The prosecution will be ready.  Are you?
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October 14, 2009
  Juvenile Offenses (A tribute to John Wooden on his 99th Birthday)
Posted By Richard Sudar
Today is John Wooden's 99th birthday.  As he did when he coached the UCLA Bruin basketball team, the legendary basketball coach continues to preach and teach many life lessons.  Those of us who are parents try to instill the same virtues, the same values in our daily lives.  Many times, however, no matter how much we try, how much effort we put forth, children and young adults get into trouble.  In the more serious instances, criminal charges may even be filed against them.  Thankfully, the vast majority of time, those cases are handled in the juvenile justice system; Rarely, and only in the most serious of cases, a minor (name for the defendant in juvenile court cases) may be what's called "fitnessed up" and have their matter handled in an adult court.  The purpose of the juvenile justice system is rehabilitation and making sure that juvenile defendants do not, in fact, end up in adult court where the consequences potentially are much, much harsher.  Juvenile courts have their own ways of doing things: terminology; outcomes / dispositions; and even language, that are vastly different than in the adult criminal justice system.  Hiring a criminal defense lawyer that understands these differences and has the right experience to fight each case so that juveniles are not removed from their homes, placed in "camp",  taken to juvenile hall, sent to the california youth authority, or "fitnessed up" to adult court is key.  I have handled dozens and dozens of juvenile cases both as a prosecutor with the Los Angeles County District Attorney's Office and as a criminal defense attorney.  I have extensive juvenile court experience having adjudicated many juvenile court cases in Los Angeles County and Ventura County.  I know what needs to be done in terms of family support and in court as well.  Remember, no matter how much we teach fundamentals, effort, and doing the right thing (ala John Wooden), good people, good kids, soemtimes get into trouble at school, at home, or somewhere in between.  If you need the best criminal defense attorney who handles cases in juvenile court to fight for your child's rights and save your family or if you just have additional questions, kindly call the Law Offices of Richard M. Sudar at (310) 277-4112 or simply click here for immediate assistance.    
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October 13, 2009
  Criminal Law -- The Process
Posted By Richard Sudar
When someone comes into one of my offices, they generally need help, and need help quickly.  Most people are scared, do not understand charges they or someone they know are facing, and do not know what to expect next.  As a criminal defense lawyer, my job is not only to fight for my clients rights but also to simplify the process for them and their families.  Each county has their own ways of doing things, their own terminology.  For example, describing the same event / stage in a felony criminal case, Ventura County has early disposition conferences, while Los Angeles County has preliminary hearing setting / early disposition conferences, while San Bernardino County and Riverside County have pre-trial conferences, while Orange County has pre-preliminary hearing conferences.  The fundamental requirements, however, remain the same in each and every courthouse.  When charged with a misdemeanor, a defendant will have an arraignment, followed by pre-trial conferences and eventually a jury trial if necessary.  From the time of the arraignment (which must occur within 72 hours if an individual is in custody), a defendant has the right to go to trial within 45 calendar days; 30 calendar days if they are in custody.  When charged with a felony, that person first will have an arraignment (same rules as above).  But then, unlike in the case of a misdemeanor, the next most important stage is the preliminary hearing.  A defendant has the right to have his or her preliminary hearing within 10 court days of the arraignment date.  And that hearing is crucial because, unlike in civil law, there are no depositions in criminal law cases.  The preliminary hearing really is the first and last time witnesses can be cross-examined under oath prior to trial.  It is at that hearing that a judge (or commissioner) decides if there is probable cause to believe a defendant guilty of a crime, what crime or crimes may be involved, whether or not those events happened in the particular county where the case is being brought, and whether or not the case should be dismissed or proceed on towards trial.  If the answer to all of those questions is yes and the defendant is "held to answer" on one or more charges, the case is then set for another arraignment (2 weeks after the preliminary hearing); this time in "superior court" and a trial date is set.  Prior to and at all stages of the criminal process the matter may be resolved through plea negotiations and bargaining.  Generally speaking, the best offers are given by the district attorney's office prior to the preliminary hearing at the early disposition stage, about which I wrote above.  The most important first step obviously is to hire the best criminal defense attorney as early on as possible who truly understands the process, is highly successful in getting cases dismissed and / or resolved, and one who is respected by both prosecutors and judges.  In many instances, if a crimial defense lawyer is hired early enough, they may even be able to get the matter dismissed outright or handled informally without ever having to go to court.  If you have questions or need help, and especially if you or a loved one are facing criminal charges (felony or misdemeanor) in Ventura County, Los Angeles County, Riverside County, San Bernardino County, Orange County, Santa Barbara County, or San Diego County, and you want to speak with the very best criminal defense lawyer, kindly call the Law Offices of Richard M. Sudar at (310) 277-4112 or simply click here for immediate assistance.  Protecting your rights in my job.        
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October 12, 2009
  Warrants -- Do You Have to Go to Court?
Posted By Richard Sudar
I heard someone say this past weekend, "[h]alf the battle is just showing up."  So too in criminal law when it comes to warrant recalls, the most important first step is the obvious one; just show up.  A warrant can be issued for any number of reasons.  Sometimes, an individual fails to complete their probation suuccessfully.  Someone may not have been able to pay their child support on time.  Still others may be facing any number of criminal charges and may have an arrest warrant outstanding for their arrest.  Fear of jail-time keep many from "turning themselves in" even years after a warrant was issued.  My experience, both as a criminal defense attorney and deputy district attorney in Los Angeles County, is that when a defendant hires the right criminal law attorney and shows up at court, "walks in" on their own, the consequences are much less severe than if they are arrested on the warrant.  In fact, in many cases, the attorney can appear by themselves.  Certainly, the right criminal defense attorney who is respected by both judges and prosecutors is best able to make whatever arrangements, maybe in terms of bail or even surrender, if that is necessary.  As a successful and top criminal defense lawyer, I have appeared in dozens of courtrooms and handled hundreds of criminal cases -- from Monterey County in Northern California, to Ventura County, Orange County, San Bernardino County, Los Angeles County, Riverside County, and even San Diego County -- helping my clients to get their warrants recalled and getting the best results.  So if you or soemone you know has an outstanding warrant and is scared to go court, even if it's been years, you need the best criminal defense lawyer.  You may never even have to go to court.  And you may be able to avoid jail.  But you definitely need the help of right criminal defense attorney to be there, protect your rights, and to just show up.  To contact the Law Offices of Richard M. Sudar kindly call (310) 277-4112 or simply click here.  Someone always is available to assist you.
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October 09, 2009
  Murder and Manslaughter
Posted By Richard Sudar
I have heard some criminal defense lawyers tell me that trying a D.U.I. case is more complicated and harder than trying a murder case.  While each requires the skill of an experienced criminal defense attorney, I respectfully disagree with that statement.  I recently tried an attempted murder case in the Van Nuys Courthouse here in Los Angeles County.  And let me tell you, when you are sitting next to a defendant who faces the possibility of spending the rest of their life in prison, the sense of responsibility alone and knowing that you are being entrusted to try to "save a life" makes a murder trial, in my opinion, much more complicated.  In every case there are issues and facts to argue, and levels of significance and culpability to address.  So to in the case of murder.  Murder can mean murder in the first degree or murder in the second degree.  There is a charge called felony murder (a death caused during the commission of a felony act).  There is even a charge when murder can be charged for conduct that began as a misdemeanor; a death coming as a result of a DUI, for instance.  And then there are the lesser but related charges of manslaughter -- voluntary manslaughter and involuntary manslaughter.  The difference is intent and certain mitigating circumstances or extenuating circumstances.  Finding the best criminal defense attorney who knows what's at stake and truly understands the inticacies involved is key to success.  I personally have handled murder cases as a criminal defense lawyer throughout Southern California.  Most recently in Ventura County and Los Angeles County.  I always am humbled by the trust that so many have placed in my efforts and ability.  And while I consider murder cases more complicated than DUI's, I work extremely hard at both.  So if you need the help of a top criminal defense lawyer to fight for you or a loved one, in Ventura County, Los Angeles County, Riverside County, San Bernardino County, Orange County, or even San Diego County, click here for more information or simply call the Law Offices of Richard M. Sudar at (310) 277-4112.   
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October 07, 2009
  Solicitation and Prostitution
Posted By Richard Sudar
When someone is arrested, or even accused, of solicitation or prostitution they often have no idea what to do first.  And many times, innocent actions easily can be mis-construed creating the appearance of a problem when none exists.  I have handled dozens and dozens of cases in the Hollywood Courthouse, LAX Courthouse, Van Nuys Courthouse, throughout Los Angeles County, Orange County, and Ventura County.  The issues remain constant.  The number of arrests for solicitation and prostitution are only on the rise with more and more people using Craig's List, internet dating services, and other erotic websites.  Those accused of solicitation or prostitution always ask if their families and jobs will find out if they have been arrested, if they have to go to jail, pay a fine, or even register as a sex offender.  The answer to all of those questions is not necessarily.  Remember, the most important issue really is whether or not the prosecutor can prove intent.  That is not a given.  And the most important first step is to have a highly successful and aggressive criminal defense attorney in your corner.  We at the Law Offices of Richard M. Sudar listen to you and fight hard to ensure that all of your rights are protected.  Just because someone is accused of a crime does not mean that they are guilty or should plead guilty.  If you or soemone you know has been accused or convicted of solicitation or prostitution, or if you have further questions, kindly call (310) 277-4112 or simply click here for immediate assistance.
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October 05, 2009
  Three Strikes Does Not Have To Mean You're Out
Posted By Richard Sudar
With the fast approaching Major League Baseball playoffs, it seems appropriate to spend a few minutes writing about California's Three Strikes law.  Many of us have heard the horror story of the individual who was sentenced to 25 years to life in prison for stealing a piece of pizza.  We also have been told how unfairly the Three Strikes law is applied in regards to minority defendants.  But what does the actual law state?  Under California's so called Three Strikes law, an individual may be sentenced to as many as 25 years to life in prison for any felony conviction, regardless of the severity of the particular crime charged.  However, to be eligible for that type of sentencing, that same defendant must have at least 2 prior "serious or violent" felony convictions (2 strikes).  The truly interesting part is not only how differently the Three Strikes law is treated  and applied depending on the courthouse and the jurisdiction but also how much discretion both the prosecutors and judges have as well.  As a criminal defense attorney and former prosecutor, I have experienced this first-hand.  Criminal cases in Ventura County are handled very differently to those in Los Angeles County, to those in Orange County, to those in San Bernardino County, Riverside County, San Diego County, and so on.  The key to suuccess is knowing the law, understanding the courthouse, and being a well respected attorney by both the District Attorney's Office and the court.  No, justice is not always blind (especially color blind) and it is not always equal.  That is why when someone is facing serious felony charges, and / or has prior felony convictions, they must be represented by only the best criminal defense lawyer.  The possibility of spending twenty five years to life in prison simply is too much to risk.  If you have further questions on this or a related topic of criminal defense, and especially if you need assistance for someone charged in a Three Strikes case, kindly call (310) 277-4112 or simply click here for immediate assistance. 
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October 02, 2009
  Drug Offenses -- Drug Possesion, Possession for Sale, Drug Sales,Transportation
Posted By Richard Sudar
There are many different types of drug offenses and drug related crimes.  And, in recent years, the prosecution of drug cases have become even more complex with the ever-emerging issues regarding the use of medical marijuana.  Someone may be arrested on a drug related charge and, because of prior convictions, be subject to increased sentencing under California's Three Strikes law.  What people want to know if and when they are arrested for a drug related offense (drug possession, possession for sale, drug sales, or transportation) is, am I eligible for a drug program -- Prop. 36 or D.E.J. -- and, do I have to go to jail?  The short answer, is maybe.  Finding the best criminal defense attorney who specializes in drug related offenses is the key first step.  Whether I am in court in Ventura County, Los Angeles County, Riverside County, San Bernardino County, San Diego County, or anywhere else throughout California, the issues related to drug offenses remain the same.  The particular drug at issue, whether or not it's, for instance, cocaine or cocaine base, the amount, the quantity, an individual's prior record, just to name a few, are factors that come into play.  At the Law Offices of Richard M. Sudar, we fight as hard as humanly possible to protect the rights of those accused of drug related offenses.  I make sure that any issues regarding the stop, arrest, and search and seizure of the narcotics are litigated fully;  I bring 1538.5 motions.  I make sure that the arresting officers have nothing to hide.  So we routinely file Pitchess motions.  The bottom line is that, as an aggressive criminal defense lawyer, I make sure that your rights are protected.  There simply is too much on the line to practice law any other way.  For answers to your drug offense related questions, or for furter information on another topic, contact the Law Offices of Richard M. Sudar at (310) 277-4112 or simply click here.     
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October 01, 2009
  Chance, Intent, and Murder
Posted By Richard Sudar
I was attending a function for the Beverly Hills Bar Association.  I was told that Professor Alan Dershowitz, of Harvard Law School, used to tell his students that chance was even more important in criminal law and punishment than intent.  It is a very interesting idea that intervening causes may effect the disposition of a case even moreso than the intent with which the act originally was carried out.  My conversation at the Beverly Hills Bar Association reminded me of an fascinating story that my brother e-mailed me regarding chance, intent, and murder.  The story goes like this:
On March 23,1994...the medical examiner viewed the body of Ronald Opus, and
concluded that he died from a shotgun wound to the head. Mr.
Opus had jumped from the top of a ten-story building intending to commit
suicide. He left a note to the effect indicating his despondency. As he fell
past the 9th floor, his life was interrupted by a shotgun blast passing
through a window, which killed him instantly.
Neither the shooter nor the deceased was aware that a safety net had been
installed just below the 8th floor level to protect some building workers
and that Ronald Opus would not have been able to complete his suicide the
way he had planned.
"Ordinarily," Dr. Mills continued, "Someone who sets out to commit suicide
and ultimately succeeds, even though the mechanism might not be what he
intended, is still defined as committing suicide."
That Mr. Opus was shot on the way to certain death, but probably would not
have been successful because of the safety net, caused the medical examiner
to feel that he had a homicide on his hands.
The room on the 9th floor, where the shotgun blast emanated, was occupied by
an elderly man and his wife.
They were arguing vigorously, and he was threatening her with a shotgun!
The man was so upset that when he pulled the trigger, he completely missed
his wife, and the pellets went through the window, striking Mr. Opus.
When one intends to kill subject "A" but kills subject "B" in the attempt,
one is guilty of the murder of subject "B."
When confronted with the murder charge, the old man and his wife were both
adamant, and both said that they thought the shotgun was not loaded.
The old man said it was a long-standing habit to threaten his wife with the
unloaded shotgun. He had no intention to murder her.
Therefore the killing of Mr. Opus appeared to be an accident; that is,
assuming the gun had been accidentally loaded.
The continuing investigation turned up a witness who saw the old couple's
son loading the shotgun about six weeks prior to the fatal accident.
It transpired that the old lady had cut off her son's financial support and
the son, knowing the propensity of his father to use the shotgun
threateningly, loaded the gun with the expectation that his father would
shoot his mother.
Since the loader of the gun was aware of this, he was guilty of the murder
even though he didn't actually pull the trigger.
The case now becomes one of murder on the part of the son for the death of
Ronald Opus.
Now comes the exquisite twist...
Further investigation revealed that the son was, in fact, Ronald Opus.
He had become increasingly despondent over the failure of his attempt to
engineer his mother's murder. This led him to jump off the ten-story
building on March 23rd, only to be killed by a shotgun blast passing through
the 9th story window. The son, Ronald Opus, had actually murdered himself.
So the medical examiner closed the case as a suicide.

A true story from Associated Press

And while that story certainly is both true and incredibly interesting, the topic of murder, which I will more fully discuss at a later date, is more complex.  And murder cases should only be handled by the very best criminal defense lawyer.  For more information, and especially if you need the help of an experienced criminal defense attorney in Ventura County, Los Angeles County, Riverside County, San Bernardino County, or San Diego County, who will fight hard for you, click here.

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