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Recent Posts in Criminal Defense Category

December 07, 2009
  The Humanity of The Death Penalty
Posted By Richard Sudar
I previously have written about the costs and application of the death penalty.  Today, an interesting and related story appeared in The Associated Press.

COLUMBUS, Ohio  —  A condemned killer scheduled to become the first person in the U.S. put to death with a single drug on Tuesday will ask a federal appeals court to delay his execution.

The office of attorney Tim Sweeney said Monday that 51-year-old Kenneth Biros is requesting a delay from the 6th U.S. Circuit Court of Appeals in Cincinnati.

A divided appeals court on Friday rejected a similar request by Biros, but that involved Ohio's old, three-drug process. Biros has appealed that decision to the U.S. Supreme Court.

A federal judge earlier Monday refused to delay Biros' execution based on the one-drug method.

So, what's the difference between a drug induced 3 drug execution and one involving only 1 injection?  In reality, maybe nothing.  The importance from a criminal defense perspective of this case in Ohio is that more and more courts, more and more jurisdictions, are grappling with the continuing constitutionality and practice of the death penalty.  While trials such as the one involving Amanda Knox and the trevails of Tiger Woods grab national headlines, other cases and rulings have far greater long-term importance.  The fact that the appeals court in Columbus, Ohio was "divided" is further indicative of the notion that the debate on this issue promises only to increase over time.  As a highly regarded, hard-working criminal defense attorney in Southern California, it is incumbent on me to be both knowledgeable and at the fore-front of issues related to criminal defense.  Cases and rulings across the country have implications for all defendants.  It does not matter that Mr. Biros is in Ohio, defendants in Ventura, and Riverside, in Los Angeles, Orange County, and San Diego, expect that their attorney fully understands the process and the law, and will fight as hard as possible for them and their rights.  This is our mantra at the Law Offices of Richard M. Sudar.  If you, a friend, or loved one needs a top criminal defense attorney, you need the very best help and assistance right away.  Your first call should be to the Law Offices of Richard M. Sudar at (310) 277-4112.  You can also simply click here for immediate assistance. 

Continue reading "The Humanity of The Death Penalty" »

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December 04, 2009
  The Verdict is In
Posted By Richard Sudar
More than a year after it all began, a jury in Perugia, Italy has convicted American student Amanda Knox of murder.  In conjunction with the verdicts being read, both Ms. Knox and her boyfriend (co-defendant) Rafaelle Solecito were sentenced; Knox receiving 26 years in prison and Solecito 25.  As a respected criminal defense attorney in Southern California, I have followed this trial closely to see what lessons could be learned and applied to the practice of law here, at home.  It will be most interesting to see what, if anything, the members of the pair's jury says about the case and their deliberations.  One of the things we as lawyers always try to do is get into the minds of jurors.  When we are in court awaiting verdicts after our trials, speculation reaches an almost fevered pitch.  It becomes an inclusive activity involving all members of the court staff and even the prosecutor.  As I previously have written, the criminal justice system is very different abroad than it is here, in the United States.  Here, in order to reach a verdict, 12 people must unanimously agree, beyond a reasonable doubt, that a defrendant commited one or more crimes.  In Italy, a jury consisting of 10 people (two judges and eight civilians) decided the fate of Amanda Knox and Rafaelle Solecito.  Also here, sentencing most often is "put over" or continued.  That clearly is not the case in Italian courts.  One other difference is that, in Italy, defendants usually remain free after a guilty verdict has been reached until all appeals have been exhausted.  This process may take several years.  That certainly is not true in our justice system.  In Ms. Knox's case, she will remain in custody due to the extenuating and international circumstances involved.  There is much more to this story that most certainly will emerge in the days, months, and years ahead.  An appeal for both is certain.  I will keep everyone posted as details emerge.  For more information on this topic and all of your criminal defense needs, contact the Law Offices of Richard M. Sudar at (310) 277-4112.  You can also click here for immediate assistance. 
Continue reading "The Verdict is In" »

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November 30, 2009
  New Media and Juvenile Offenses
Posted By Richard Sudar
The following report appeared in The Associated Press today:
 
CALABASAS, Calif.  —  Three boys have been arrested for investigation of bullying red-haired students after a Facebook message promoted "Kick a Ginger Day" at a Southern California school.

Los Angeles County sheriff's spokesman Steve Whitmore said Monday that two 12-year-olds were arrested for suspicion of misdemeanor battery, and a 13-year-old was booked for misdemeanor cyberbullying. They were released to their parents.

A total of eight boys are suspected in the Nov. 20 attacks on seven students at A.E. Wright Middle School in Calabasas.

Authorities believe the shoves and kicks were prompted by a message referring to a "South Park" episode satirizing racial prejudice.

Nobody was seriously hurt.

A message left for the school superintendent was not immediately returned.

This story has many of the ingredients that define "modern day" adolescent existence;  Facebook and South Park, just to name two.  Teenagers face increasing pressures today at home and at school.  Their lives can be defined by others' perceptions of them and what "circle" of friends they are in.  With the ever-growing popularity of "New Media" -- social utility websites such as Facebook, MYSPACE, and Twitter -- and the increasing sophistication level of video games and television shows, ie. South Park, can we really expect anything different?  Not if we do not moniter the situations very closely.  Kids have access to information and opportunities to get into trouble that, even five years ago, seemed inconceivable.  And now, at least two 12-year olds and one 13-year old could be facing serious criminal juvenile charges.  As a highly regarded criminal defense attorney in Southern California, I have developed a particular sophistication in handling an innumerable number adult and juvenile criminal cases that have been affected by the so-called Age of New Media.  I understand  what it takes to successfully resolve these cases.  I understand that everyone makes mistakes and that momentary peer-pressured acts do not define an individual and, most importantly, should not hinder their future.  At the Law Offices of Richard M. Sudar, we know that kids involved in irresponsible criminal activity -- graffiti, cyberbullying, hazing, etc. -- need to be understood and dealt with appropriately.  Neither they nor society can afford anything less.  Simply locking them up and "throwing away the key" is  no solution, however.  For more information on this topic, and especially if you or a loved one is facing criminal charges, including juvenile cases, anywhere in Southern California, from Ventura County to San Diego, your first call should be to The Law Offices of Richard M. Sudar at (310) 277-4112, where trust, experience, results, and compassion come first.  For immdiate assistance, you may simply click here as well. 



Continue reading "New Media and Juvenile Offenses" »

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November 29, 2009
  Suspect, Person of Interest, Under Investigation -- What We can All Learn from Tiger Woods' Car Crash and the Amanda Knox Trial
Posted By Richard Sudar
The following headline appeared today on Sky News:

The parents of Amanda Knox, who is on trial for the murder of British student Meredith Kercher, are being investigated for defamation after they accused police of beating their daughter, Sky News reported.

The story continued . . .

Eighteen months ago Knox's parents gave an interview to the Sunday Times in which they said their daughter had ''been abused physically and verbally," Sky News reported.  Curt Knox, from Seattle, added in the interview: ''She told us she was hit in the back of the head by a police officer with an open hand, at least twice.  ''The police told her, 'If you ask for a lawyer, things will get worse for you' and 'If you don't give us some explanation for what happened, you're going to go to jail for a very long time'.''  In June when Knox testified in her trial she repeated the accusations, saying it was a female officer who had hit her twice and called her a stupid liar - which was denied by both police and prosecutors.

Yesterday, in Florida, Tiger Woods and his wife were supposed to meet with police investigators in connection with Tiger's early morning car accident on Friday.  Rumors became widely circulated that the cause and impetus of the incident was a domestic dispute between Tiger and his wife, Elin.  Suddenly, neither Tiger nor Elin were "available" to be interviewed.  Does anyone really believe that is just a coincidence?

When speaking with the police, less is more!  In the federal system, such as cases involving white collar crime such as wiretapping, individuals can turn from person of interest to federal supect unbelievably quickly by saying the wrong thing.  Then, based on their own comments to investigators, they find themselves in very hot water;  Just ask Martha Stewart.

Everyday, individuals are faced with the prospect of a police interview; a person allegedly involved in a hit-and-run, someone seen possibly commiting a crime on camera, or just an individual that may have information.  As an experienced criminal defense attorney based in Southern California, I fight extremely hard everyday to protect the rights of the accused.  I often speak of, and have written extensively about, the need to get professional legal advice from a top, experienced criminal defense attorney before talking with the police.  Obviously, most cases do not make the headlines of a case like ones involving Tiger Woods or Amanda Knox.  But, we all can learn valuable lessons from those cases.  Most importantly, words matter.  Again, when it comes to police interviews, think very hard before opening your mouth.  Do not be fooled by promises of leniency or threats by police officers who are just interested in making their cases easier to prove.  Above all else, the first step must be to consult with a criminal defense attorney before doing or saying anything to anyone.  If you, a friend, or a loved needs help now anywhere in Southern California -- from Ventura County to Los Angeles County, the Inland Empire, Orange County, and even San Diego County -- contact the experienced criminal defense team at the Law Offices of Richard M. Sudar at (310) 277-4112.  You can also simply click here for immediate assistance.  

   



Continue reading "Suspect, Person of Interest, Under Investigation -- What We can All Learn from Tiger Woods' Car Crash and the Amanda Knox Trial" »

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November 28, 2009
  The Law of Unintended Consequences -- Could Tiger Woods' Wife be Facing Criminal Charges? What You Need to Know
Posted By Richard Sudar
Sportsfan or not, many of us have heard about Tiger Woods' traffic accident in the early morning hours yesterday.  While the details of the incident are not fully known, it seems that Tiger was not out making an emergency diaper run in the middle of the night.  The following report appeared on FOXNEWS Online today.  Celebrity Web site TMZ claimed Woods was confronted by Elin with the report that he had been seeing New York night club hostess Rachel Uchitel.  The argument grew heated, and according to TMZ’s source, she scratched his face up.  He then beat a hasty retreat to his SUV, with her following behind with a golf club. She reportedly used the club on the golfer's vehicle. Woods, then, reportedly became distracted, causing the car crash.  So what happens now?  As too many learn, once the police become involved, "all bets are off."  Could Elin ultimately be charged with domestic violence if she scratched his face -- here in California a violation of Penal Code Section 273.5(a), or even assault and battery if she hit Tiger's car with a golf club -- here a violation of Penal Code Sections 242 and 243?  The holidays tend to ratchet up everyone's emotions.  Most, appropriately, are thankful.  Others become overwhelmed by stress for any number of reasons.  This may be the case with Tiger Woods and his wife, Elin.  As a criminal defense attorney, I have seen the end result of the police being called to a residence to moderate a dispute.  Guess what?  Invariably, and many times as an unintended consequence, someone gets arrested.  I have heard countless PSA's (public service announcements) this week.  The message has been clear and consistent;  Don't drink and drive.  But what about everything else?  What should a person do when they themselves or their loved ones let their emotions get the better of them and they do things, maybe commit criminal activity, that otherwise would be inconceivable?  Whether it's a petty theft, a d.u.i., a case of domestic violence, vandalism, etc., you must protect your rights to ensure that you avoid the most serious of unintended consequences.  At the Law Offices of Richard M. Sudar, we fight everyday to ensure that you get justice.  We understand that everyone must be given the benefit of the doubt and treated with the utmost respect.  We also realize that people make mistakes.  Incidents, allegations can happen with anyone, Tiger Woods and everybody else.  So, whether you are in Ventura County, the Inland Empire, Los Angeles County, Orange County, or San Diego County, help is just a quick phone call away.  Do not talk to the police without talking with us first.  I am Richard Sudar and I can be reached directlly at (310) 277-4112.  You can also simply click here for immediate assistance.
Continue reading "The Law of Unintended Consequences -- Could Tiger Woods' Wife be Facing Criminal Charges? What You Need to Know" »

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November 26, 2009
  Bail, Jail, and Thanksgiving
Posted By Richard Sudar
I want to wish everyone out there a happy, safe, and fun Thanksgiving.  On days like this, all of us should be greatful and count our many blessings.  For some, Thanksgiving day does not turn quite the way they planned.  Instead of turkey, stuffing, family, and friends, they are stuck behind bars.  For those unfortunate few and their loved ones, this is excrutiating.  At most other times, when someone has just been arrested, they know that they will be seeing a judge (or commissioner) by the following day; two at the latest.  Their attorneys can expeditiously make bail reduction moments and the process can begin.  With courthouses closed until Monday, that certainly is not the case.  As an experienced criminal defense attorney in Southern California, I receive numerous calls on Thanksgiving each year.  The voices on the other end of the phone are panicked;  Some even calling collect from jail or prison.  Few know where and how to get help.  Over the years, I have developed a strong network (team), including investigators and bail bondsmen.  When needed, I have had a bail agent at many lock-up facilities -- from Ventura to Bevrely Hills to the West Valley Detention Center in the Inland Empire, and even to Orange County -- within one hour.  Time is of the essence.  Police investigators and detectives know this and try to get defendants to talk.  Those in custody rarely comprehend the need to ask for an attorney right away and repeatedly, or even their basic constitutional rights.  At the Law Offices of Richard M. Sudar, we are skilled and are experts in the entire criminal defense process.  Let us help you in court and before.  I always am available, weekends and holidays included.  And, in those most unfortunate of circumstances, I can ensure that the very best bail agent gets your loved one home where they belong quickly and cost effectively.  Again, I wish all of you a fantastic and festive Thanksgiving.  To contact the Law Offies of Richard M. Sudar, call (310) 277-4112.  We are availabale 24 hours a day for your free consultation.  You can also click here for immediate assistance.
Continue reading "Bail, Jail, and Thanksgiving" »

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November 25, 2009
  Sentencing in State and Federal Court
Posted By Richard Sudar
Every criminal law case is different.  Each has their own set of facts.  No two defendants have the exact same past histories, records, and backgrounds.  And so the issue of sentencing is, in and of itself, an artform.  Each client deserves aggressive individual attention from the moment of representation all the way through the criminal process.  As an experienced and highly proactive criminal defense attorney based in Southern California, I understand this idea better than most.  I handle all types of criminal cases;  Both state and federal.  One of the key differences, in fact, between state and federal court is how sentencing is dealt with.  Federal sentencing guidlines are much more stringent and less maleable than state court sentencing schemes.  Truly knowing and understanding how sentencing works in federal court is a must for anyone practicing there.  That same idea holds true in state criminal courts.  I often am asked about "suspended time" sentences.  For those not familiar with the term, a "suspended sentence" is one in which state prison, or even county jail, time is suspended  and held over a defendant's head.  If the individual at issue is able to complete certain ordered requirements and stay out of trouble for a designated period of time, the short term consequences tend to be less severe.  However, if that person somehow violates their part of the bargain, the court can, and usually will, impose a harsher sentence than they otherwise would have in conjunction with the time that was "suspended."  Unfortunately, many defendants and defense attorneys think short term and have little foresight.  A state prison suspended sentence can be recommendable for the right defendant, in the right circumstance.  Too often, however, it turns out to be a "fool's bargain."  As I stated above, sentencing truly is an artform.  Knowing the courthouse, judge, and prosecutor are a must.  Understanding your leverage and potential consequences, including jail time, court fines and fees, number of years of probation, etc. is key as well.  No two cases are the same.  And, each criminal case, state and federal, must be handled with the expert care of an experienced criminal defense attorney.  This notion is true at arraignment and, if necessary, at the sentencing stage as well.  Of course, at the Law Offices of Richard M. Sudar, our number one goal is to get each case dismissed so that sentencing never becomes an issue.  To contact the Law Offices of Richard M. Sudar, call us at (310) 277-4112.  A highly experienced, top, proactive criminal defense attorney is also just a click away.
Continue reading "Sentencing in State and Federal Court" »

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November 24, 2009
  Fines, Fees, and Payments -- How the Right Criminal Defense Attorney Can Make All the Difference
Posted By Richard Sudar
I was at a seminar this weekend of criminal defense attorneys and civil law practitioners.  The speaker was talking about the importance of knowing all the facts, circumstances, and consequences of  each case.  For instance, did you know that here in California, the court adds a 270% surplus on each fine payment?  That means, roughly, that a $100.00 fine is going to cost $270 plus additional, incidental, court fees.  Why is that significant?  As a criminal defense attorney based in Southern California, I handle criminal defense matters in dozens and dozens of courts, in various jurisdictions, throughout the state each and every year.  Knowing the judges and prosecutors well is a necessity.  So is understanding the particular courthouse practices and "pecadillos".  It is a dis-service to clients when an attorney doesn't have the full picture.  It frustrates me tremendously when a defendant receives bad and / or incomplete advice.  And, this starts from the moment of representation.  I personally handle all of the cases in my office.  I know that there are firms who have case managers who gather information.  That "data" is then passed on to someone else.  Then, one lawyer may handle one court appearance and another attorney the next, and so on, and so on.  Critical information often is lost in all of the shuffling.  There is a huge difference when one, competent and experienced person is spear-heading, controlling, and, ultimately, handling the case.  A general supervisory approach to the practice of criminal defense is just that, general, and for my money and yours, unsatisfactory.  What that creates invariably is chaos, which a criminal defendant can ill afford  when facing some of the most critical decisions of their life.  Yes, it can mean the difference between not fully grasping the consequences and reality of a guilty plea when it comes to something as basic as fines and fees.  It can also mean the difference between spending years of your life in prison.  Every defendant, no matter the charge, is entitled to the best criminal defense representation.  At the Law Offices of Richard M. Sudar, we focus on getting the case dismissd.  We pride ourselves not only on what we know but also who we know and on our established unparalled reputation.  As I oftern say, we do not stop until justice is achieved in each and every case.  Anything less is wholly unacceptable.  For more information, especially if you, a friend, or loved one needs a criminal defense law firm who truly will fight for you, call the Law Offices of Richard M. Sudar at (310) 277-4112.  We have helped thousands of people from around the world successfully resolve their cases.  You can also start by clicking here for immediate assistance.  Remember, you can afford the best defense!
Continue reading "Fines, Fees, and Payments -- How the Right Criminal Defense Attorney Can Make All the Difference" »

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November 23, 2009
  The Defense of Necessity and Abortion
Posted By Richard Sudar
The following story appeared in The Associated Press today.  Seemingly contradicting his own public statements, an attorney for the man accused of gunning down a Kansas abortion provider has argued in court documents that his client has an "absolute right" to present a defense that argues the killing was justified to stop abortion.  A defense motion made public Monday seeks to thwart prosecutors' efforts to ban the so-called necessity defense from Scott Roeder's murder and aggravated assault trial.  A hearing on the issue is set for Dec. 22.  "For the Court to grant the State's motion to prohibit `any evidence' in support of the necessity defense would be premature, and contrary to Kansas law," the defense wrote.  "In addition, it would be rank speculation on the part of the state (and the Court if it were to grant said Motion) as to the purpose of any and all evidence that the Defendant may seek to introduce."  Roeder, 51, of Kansas City, Mo., is charged with one count of first-degree murder in Dr. George Tiller's death and two counts of aggravated assault for allegedly threatening two ushers who tried to stop him during the May 31 melee in the foyer of the doctor's Wichita church. Roeder has pleaded not guilty and is scheduled to go to trial on Jan 11.  He told The Associated Press on Nov. 9 that he shot Tiller to protect unborn children and he planned to present a necessity defense at his trial. He also said one of his two public defenders, Mark Rudy, had given him the "green light" to talk to the media about it.  But the following day, lead defense attorney Steve Osburn told reporters the necessity defense did not exist in Kansas law and the defense team did not plan to present that strategy.  "We have explored that possibility," Osburn said at the time.  "That does not seem to be the approach that is viable, nor is it the approach we intend to use."  On Monday, Osburn declined to clarify the discrepancy between the court filing and his earlier statement, but he suggested he may have used the media to confuse prosecutors about the defense strategy.  Rudy did not immediately return a call for comment Monday.  Georgia Cole, spokeswoman for the Sedgwick County District Attorney's Office, declined to talk about the case, saying prosecutors would make their arguments in court.  The defense motion argued that Roeder has an absolute right to present the necessity defense, and the state's motion is "nothing more than an attempt to force the defense to reveal their defense strategy and forgo what may be a valid defense."  In the wake of Roeder's confession, prosecutors filed court papers seeking to ban the necessity defense at his trial.  To bolster their argument, they cited a criminal trespass case involving an abortion clinic in which the Kansas Supreme Court ruled that to allow the personal beliefs of a person to justify criminal activity to stop a law-abiding citizen from exercising his rights would "not only lead to chaos but would be tantamount to sanctioning anarchy."  Roeder's public defenders responded that his case differs because a trespass at an abortion clinic is just a potential temporary interruption of the practice of abortion.  "It is inconclusive whether the lives of the unborn were spared as a result of the act of criminal trespass," they wrote. "In the instant case, the result of the alleged murder resulted in the termination of abortions being performed in the City of Wichita by the victim, Dr. George Tiller."  The elements of a necessity defense vary from state-to-state, and from the federal standard. Generally, the defense must show 1) that the defendant did not intentionally bring about the circumstance which caused the unlawful act; 2) that the defendant could not accomplish the same objective using a less offensive (i.e. "more legal") alternative available to the defendant; and 3) that the evil sought to be avoided was more heinous than the unlawful act perpetrated to avoid it.  Under federal law, a defendant must establish the existence of four elements to be entitled to a necessity defense: 1) that he was faced with a choice of evils and chose the lesser evil; 2) that he acted to prevent imminent harm; 3) that he reasonably anticipated a causal relation between his conduct and the harm to be avoided; and 4) that there were no other legal alternatives to violating the law. See , e.g., United States v. Aguilar, 883 F.2d 662, 693 (9th Cir. 1989).  As an experienced criminal defense attorney based in Southern California, I fully realize the necessity of creatively and vigorously defending my clients.  While abortion is a "hot button" issue and maybe not the ultimate example of how effectively to use a defense like "necessity", what is clear is that a criminal defense lawyer must use all facts, circumstances, and defenses at their disposal to vigorously and proactively defend each client.  For follow-up on this topic and all of your criminal defense questions and concerns, especially if you, a friend, or loved one is facing criminal charges, your first call should be to the Law Offices of Richard M. Sudar at (310) 277-4112.  You also can simply click here for immediate assistance.
Continue reading "The Defense of Necessity and Abortion" »

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November 23, 2009
  Hate Crimes
Posted By Richard Sudar

When crimes are targeted at a particular gender or towards a particular ethnic or racial group, that crime is considered a "hate crime".  Specialized units and prosecutors often are assigned to these sensitive matters, and for good reason.  Today, an alarming report appeared in The Associated Press.  Reports of hate crimes against gays and religious groups increased sharply in 2008, according to FBI data released Monday.  Overall, the number of reported hate crimes increased about 2 percent. These same figures show a nearly 11 percent increase in hate crimes based on sexual orientation, and a nearly 9 percent increase in hate crimes based on religion.  The largest category, racially motivated hate crimes, fell less than 1 percent.  Many of us remember the gruesome story of Matthew Shepard, a 21 year old gay college student in Wyoming who was beaten to death because of his sexual orientation.  These statistics seem to indicate that this problem has only increased.  But the the problem of "hate crimes" prosecution is clear.  When is a crime just a crime?  Just because a minority may be victimized, it does not necessarily mean that they were targeted for that racial or ethnic reason (a requirement).  Hate crimes, in fact, can take many different forms.  The same report in The Associated Press qouted the following statistics.  Among all categories of hate crimes, roughly a third are vandalism or property damage.  About 30 percent involve intimidation of some kind, and another 30 percent were physical attacks.  Many jurisdictions throughout Southern Californoa, from Ventura County, to Los Angeles County, to the Inland Empire, Orange County, and San Diego County, have pockets where racial tension is rampant.  As a criminal defense attorney based in Southern California, I have handled inumerable cases where the Defendant and victim (or victims) are  from different racial or ethnic groups.  A particular finesse is required when handling these matters to ensure a just and fair outcome.  Defendants in a criminal case are presumed innocent and entitled to a strong, vigorous defense no matter the charge or allegation.  Just because a "hate crimes" allegation is brought, does not mean that it is appropriate.  But, only a skilled criminal defense attorney who has both the experience and the respect of prosecutors should handle these cases.  That respect aspect is crucial to ensure that all benefit of the doubt and deferrence truly is given to the defendant.  If you, a friend, or loved one is charged or accued of a crime, including a so called "hate crime", your first call should be to the Law Offices of Richard M. Sudar at (310) 277-4112.  You also can simply click here for immediate assistance.

Continue reading "Hate Crimes" »

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November 21, 2009
  When a Petty Theft has Anything but Petty Consequences
Posted By Richard Sudar
With the Twilight sequel New Moon premiering in Los Angeles and elsewhere this week, it got me thinking.  In California, when an individual has a theft offense on their record, the second time (a sequel, if you will) can have severe and  much more serious consequences.  California Penal Code Section 666  makes it possible for a person who commits the crime of petty theft to be charged with a felony rather than a misdemeanor if the accused had previously been convicted of a theft-related crime at any time in the past.  The technical name for the charge is petty theft with a prior.  In certain cases, a person with two prior felony convictions has been charged with a third felony for committing a minor shoplifting crime.  Even more significantly, if one of the two previous felony charges had involved stealing in any manner then the shoplifting conviction, thus upgraded to a felony, would result in a mandatory sentence of 25 years to life in prison under the Three Strikes law.  As I previous;y have written, stealing a slice of pizza ultimately can result of a sentence of 25 years to life in prison.  Over the years, I have defended numerous individuals who have found themselves facing this very daunting prospect.  In Ventura County, a special committee within the District Attorney's Office reviews all Three Strikes matters such as this.  You actually have write a lengthy petition letter to that committe for the D.A.'s Office to even consider whether or not to proceed on a Three Strikes basis.  Other jurisdictions, such as Los Angeles and Orange County are less stringent in the filling and prosecution of these matters.  In Orange County, there are many theft related programs that the D.A.'s Office is willing to consider, even in the more aggregious cases, that may allow a defendant to participate in an informal diversion program and complete some kind of class after which the case is dropped completely;  The accused then is in the same positioncas if the arrest never even occurred in the first place.  The same holds true in many Los Angeles courtrooms as well.  The key in all of these cases is to have a criminal defense attorney who is both aggresive and creative.  The criminal lawyer must take all facts and circumstances, including potential immigration consequences, into account.  Just taking a case and "pleading" a defendant out may be easier but it absolutely is never the best approach.  When a defendant has a prior theft offense and has served one day in jail (being booked fulfills that requirement) they can ill afford any non-aggresive approach.  Even for a first offense, it is imperative that a criminal attorney not set their client up for future violations and long-term serious consequences by not defending the individual to the fullest extent possible.  At the Law Offices of Richard M. Sudar, we understand what's on the line.  We believe that experience counts and only the finest representation is appropriate.  So if you, a friend, or loved one is charged with any type of theft related offense, including petty theft with a prior, anywhere in Southern California, your first call should be to the Law Offices of Richard M. Sudar at (310) 277-4112.  Please visit our interactive website by simply clicking here for immediate assistance.  Remember, you can afford the best defense!
Continue reading "When a Petty Theft has Anything but Petty Consequences" »

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November 21, 2009
  Self Defense
Posted By Richard Sudar
We all believe that we have an absolute right to protect ourselves, our property, and our loved ones.  But to what extent?  As an experienced criminal defense attorney based in Southern California, I have encountered and defended individuals who have been involved in situations that Hollywood script writers wouldn't believe.  Most situations are not clear and absolute.  The seeming aggressor often was the first one attacked.  When two individuals are involved in a dispute, the one with the more serious injury -- mark, abrasion, cut, etc. -- usually ends up facing criminal charges regardless of who initiated the dispute and conduct at issue.  The notion of self defense was in the news again today.  In Green Oak Township, Michigan, police arrested a 69 year old man at his home.  It seems that a boy and three other juveniles were ringing doorbells in the neghborhood when the man confronted the boy and shot him in the lower back.  The homeowner is claiming "self defense."  Here in California, the law regarding self defense is clear.  One is only allowed to use an equivalent amount of force to protect themselves, their property, or others to the extent that the threat is being directed;  Deadly force allowed in defense only when deadly force is being threatened.  In the Michigan man's case,  without knowing more, I do not believe that he will successfully be able to claim self defense.  Often, it is only through vigorous investigation and cross examination that the truth emerges.  Understanding all facts and circumstances is key.  Trials, for instance, are all about the closing argument.  It is at that point that a picture is painted for a jury (or judge) and a skilled attorney is able to concisely and effectively summarize their theory of the case.  In my experience, being able to put the "whole puzzle" together is key.  Whether trying a case in Ventura, Riverside, Los Angeles, or elsewhere, having the right experience and expertise is of utmost importance.  The case in Michigan is not the ultimate example of how self defense can and should effectively be used to defend a client.  But, it demonstrates the need for a vigorous and proactive (often creative) criminal defense.  To learn more about this issue, or if you, a friend, or loved one is being charged with a crime, contact the Law Offices of Richard M. Sudar at (310) 277-4112.  To immediately be connected to our experienced team you also can simply click here for immediate assistance.     
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November 20, 2009
  Comparative Justice
Posted By Richard Sudar
I had a professor in law school with whom I am still very close who frequently discussed the topic of comparative justice.  While that phrase may mean different things (ie. the disparate sentencing of minorities as compared to caucasians), I wish to briefly compare our system of justice here in America to those abroad.  There is no question that if one finds themselves in the unfortunate position of "defendant", they would much rather be in court in the United States than elsewhere.  While some may criticize our jury system when questionable verdicts (ie. the O.J. Simpson verdict) are reached, for the most part, I believe we get it right.  More importantly, the rights of the accused are infinitely more  protected here.  In Italy, the murder trial of American Amanda Knox is drawing to a close.  The case dates back to November of 2007.  Most of this time, Ms. Knox has been in jail.  The trial actually began this January but it took almost 1 year to hear from the 80 witnesses because the matter was heard in court only on Thursdays and Fridays.  For someone sitting in custody, whose life hangs in the balance, the wait is excrutiating and, I strongly believe, grossly unfair and unacceptable.  That, not-with-standing the facts and allegations.  The judge in the case announced that he and the jury will retire to deliberate on December 4th and that a verdict will be announced the following day.  Here, in America, our system provides safeguards -- speedy trial rights, a presumption of innocence, etc. -- to protect the rights of the accused.  When I was a prosecutor, I fought for justice fairly and respectfully.  My good name has, and will always be, of utmost importance.  Now as a highly regarded criminal defense attorney with extensive experience throughout Southern California, I fight everyday to insure that my clients get justice.  What does that mean?  It means, being prepared.  It means, knowing your case and the prosecution's case better than anyone else.  And, as importantly, it means being honorbale and respectful to all sides, the court, and the criminal justice process in general.  I cannot express how strongly I believe that an attorney's good name and ethics are the most valuable commodity to any lawyer.  It must be protected at all costs and, once it has been compromised, you can never earn it back.  When I go to court in Ventura County, judges and prosecutors know me, trust me, respect me, and give me better deals.  The same holds true in Los Angeles County, Orange County, throughout the Inland Empire, and even in San Diego County as well.  I am aggresive and proactive.  I do not stop until I have achieved the best result.  I know the system.  And, while our's may be relatively more fair to defendants than criminal justice systems abroad, true justice usually can only be achieved with the best criminal defense attorney leading the fight.  For any of your criminal defense needs, especially if you, a friend, or loved one, needs a top criminal defense lawyer now, kindly call the Law Offices of Richard M. Sudar at (310) 277-4112.  You also can simply click here for immediate assistance.  Let our team of experts work for you.
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November 20, 2009
  Bar Fights, Melees, Conducting Thorough and Necessary Investigation, and More
Posted By Richard Sudar
I received a call from a military serviceman who is being accused in the Riverside Courthouse of Assault with a Deadly Weapon, a violation of California Penal Code Section 245(a).  Apparently, he swung a bar glass and hit another patron, severly cutting her ear.  The problem is that he was the one being attacked after a bar fight had broken out.  The particular bar has no video cameras.  This story reminded me of a recent episode of the television show, Lie To Me.  A theme of the show centered on a melee that had occurred outside a department store while would be bargain shoppers were pushing their way forward.  In that case, video footgage existed.  And, it was not until tireless and numerous examinations of the video by the experts that the true story of what had happened emerged.  A third recent example of mine involves a battery case that I am handling in the Beverly Hills Courthouse in Los Angeles.  On New Year's Eve last year, my client was desperately trying to leave a bar after it was clear that the scene was becoming overly rowd.  In his haste, he pushed his girlfriend from behind in an attempt to leave quickly.  A witness said that he "shoved" her.  We had to subpoena all digital picture and video footage to show that he indeed was innocent.  All three scenarios truly illustrate how significant and important a role that proactive criminal defense can have.  If not for a thorough, targeted investigation, many innocent people who are accused of crimes (both minor and extremely serious in nature) risk being convicted of crimes that they did not commit.  As a highly experienced criminal defense attorney based in Southern California, I understand what it takes to get the job done right.  Our team of experts and investigators are on hand to insure that the right result is achieved.  We do not stop until you get justice.  So if you, a friend, or loved one is facing criminal charges, from Ventura to the Inland Empire, Los Angeles, Orange, and San Diego County, put the experienced team of the Law Offices of Richard M. Sudar to work for you by picking up the phone and calling (310) 277-4112.  You also can simply click here for immediate assistance.
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November 19, 2009
  I Blew Below the Legal Limit, Can I Still Be Arrested for a D.U.I.?
Posted By Richard Sudar

In California, the laws regarding D.U.I. are found in two basic code sections, Vehicle Code Sections 23152(a) and 23152(b).  The reason that two code sections are necessary (note that there actually are several D.U.I. related laws dealing with injuries, multiple offenses, felony charges, etc.) is that a D.U.I. charge can be filed not only when an individual's blood alcohol content (B.A.C.) is .08% alcohol by weight or greater (subdivision b) (the legal limit here in California) but also when the driving appeared to be affected in some way by alcohol consumption regardless of the B.A.C.  This morning, former Presidential candidate, Senator John Kerry's daughter was arrested in Los Angeles for driving under the influence.  The Senator seemed to question the charge as she apparently "blew" below the .08 threshold when she was administered the breathalyzer test.  Senator Kerry may have been unaware of the two applicable code sections and the fact that his daughter apparently failed her field sobriety tests (F.S.T.'s).  Having said that, D.U.I. cases can be difficult to prove in general.  And, when prosecutor's can only proceed on one of the two counts, the task of conviction becomes that much harder.  As such, it appears unlikely that either the District Attorney's Office or City Attorney's Office will charge Senator Kerry's daughter with a D.U.I.  This discussion truly embodies many interesting points in the prosecution and defene of D.U.I. cases.  As an experienced criminal defense attorney based in Southern California, I personally have handled literally hundreds of D.U.I. cases throughout Southern California - from Ventura County to Los Angeles County, the Inland Empire, Orange County, and San Diego County.  The  laws, rules, procedures, and requirements to properly defend someone accused of, or even someone who potentially may face charges for, D.U.I. are extensive,  complicated, and require the assistance of an expert criminal defense atorney.  For instance, did you know that if a Driver's Safety Office of the Department of Motor Vehicles (D.M.V.) is not contacted with necessary information within 10 days of a D.U.I. arrest, the person arrested likely will have their license suspended outright for one month, with an additional three month restriction?  The suspension may even be up to one year, in fact, for a second or subsequent D.U.I. conviction.  Ultimately, a D.U.I. must be defended aggresively and proactively not only in court but before the D.M.V. as well.  Keep in mind, a D.U.I. conviction stays on your D.M.V. record in California for 10 years.  And, what people forget, is that the D.M.V. has ultimate discretion over driver's licensing issues.  A top attorney must be familiar and should have a proven track record in court and at the D.M.V.  At Law Offices of Richard M. Sudar, we pride ourselves on our expert criminal defense / D.U.I. representation not only in court but in terms of the D.M.V. as well.  A D.U.I. can be embarrasing, expensive, and can tarnish your record and your reputation.  So if you or someone you know has been arrested for D.U.I., your first call should be to the Law Offices of Richard M. Sudar at (310) 277-4112.  You can also simply click here for immediate and unparalleled assistance.

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November 18, 2009
  Gang Cases and the Street Terrrorism Enforcement and Prevention Act (California Penal Code Section 186.22(a))
Posted By Richard Sudar
California Penal Code Section 186.22(a) states that:
Any person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, and who willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang, shall be punished by imprisonment in a county jail for a period not to exceed one year, or by imprisonment in the state prison for 16 months, or two or three years.
This law, known as the Street Terrorism Enforcement and Prevention (S.T.E.P.) Act is designed to curb gang activity and cut down on violent organized crime.  In theory, who could argue with that ideal?  The problem comes when this is mis-used and mis-applied.  What do I mean?  Under the S.T.E.P. Act, fully 30 separate criminal offenses are delineated to serve for the basis of prosecution.  These are:
(1) Assault with a deadly weapon or by means of force likely to produce great bodily injury, as defined in Section 245;
(2) Robbery, as defined in Chapter 4 (commencing with Section 211) of Title 8 of Part 1;
(3) Unlawful homicide or manslaughter, as defined in Chapter 1 (commencing with Section 187) of Title 8 of Part 1;
(4) The sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture controlled substances as defined in Sections 11054, 11055, 11056, 11057, and 11058 of the Health and Safety Code;
(5) Shooting at an inhabited dwelling or occupied motor vehicle, as defined in Section 246;
(6) Discharging or permitting the discharge of a firearm from a motor vehicle, as defined in subdivisions (a) and (b) of Section 12034;
(7) Arson, as defined in Chapter 1 (commencing with Section 450) of Title 13;
(8) The intimidation of witnesses and victims, as defined in Section 136.1;
(9) Grand theft, as defined in subdivision (a) or (c) of Section 487;
(10) Grand theft of any firearm, vehicle, trailer, or vessel;
(11) Burglary, as defined in Section 459;
(12) Rape, as defined in Section 261;
(13) Looting, as defined in Section 463;
(14) Money laundering, as defined in Section 186.10;
(15) Kidnapping, as defined in Section 207;
(16) Mayhem, as defined in Section 203;
(17) Aggravated mayhem, as defined in Section 205;
(18) Torture, as defined in Section 206;
(19) Felony extortion, as defined in Sections 518 and 520;
(20) Felony vandalism, as defined in paragraph (1) of subdivision (b) of Section 594;
(21) Carjacking, as defined in Section 215;
(22) The sale, delivery, or transfer of a firearm, as defined in Section 12072;
(23) Possession of a pistol, revolver, or other firearm capable of being concealed upon the person in violation of paragraph (1) of subdivision (a) of Section 12101;
(24) Threats to commit crimes resulting in death or great bodily injury, as defined in Section 422;
(25) Theft and unlawful taking or driving of a vehicle, as defined in Section 10851 of the Vehicle Code;
(26) Felony theft of an access card or account information, as defined in Section 484e;
(27) Counterfeiting, designing, using, attempting to use an access card, as defined in Section 484f;
(28) Felony fraudulent use of an access card or account information, as defined in Section 484g;
(29) Unlawful use of personal identifying information to obtain credit, goods, services, or medical information, as defined in Section 530.5; and
(30) Wrongfully obtaining Department of Motor Vehicles documentation, as defined in Section 529.7.

So what is the problem?  These are all crimes punishable in their own right.  I was in the Compton Courthouse in Los Angeles County.  While I was waiting for my matter to be called, I listened to a preliminary hearing that focused on this very issue.  Essentially, the defense attorney was arguing that just because her client was carrying a gun (in the City of Compton), that fact alone did not mean that the defendant was a gang memner or "acting for the benefit of a gang."  A "gang expert" testified on behalf of the District Attorney's Office.  He said that one of the hallmarks of gang activity is a focus on violent activity, specifically guns.  The judge refused to dismiss the case.  There is case law on point.  The judge was wrong.  I mean, taken to an extreme, eating is part of everyday life, gang or otherwise.  And, just because somebody is walking in a gang neighborhood, it very well may be where they live.  The S.T.E.P. Act cannot and should not be used  to hassle and harrass innocent people and as a tool simply to increase penalty and punishment for certain people who happen to live in certain area.
At the Law Offices of Richard M. Sudar we fight hard to ensure that you get justice.  The penalties / punishment for conviction under the S.T.E.P. Act are severe.  It never ceases to amaze me just how many people are prosecuted under this code section who are not gang memebers, have never been gang members, and never will be gang members.  Don't let the police just put something on you.  These cases require expert representation by an experienced criminal defense attorney.  So if you, a friend, or loved one is being prosecuted or investigated for a crime, including "gang related" charges, your first call should be to the criminal Law Offices of Richard M. Sudar at (310) 277-4112.  We always are available to assist you.  We have handled dozens and dozens of "gang cases" throughout Southern California, from Ventura County to Los Angeles County to San Bernardino County to San Diego County and virually everywhere in between.  You can simply click here as well for immediate assistance.  Remember, you can afford the best defense. 
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November 17, 2009
  Traffic Tickets, Negligent Operator Findings, D.M.V. Suspensions, and More
Posted By Richard Sudar

As a criminal defense lawyer, I meet many, many people in various settings everyday.  But no matter where I go, no matter what I am doing, I always am being asked about traffic tickets.  What can I do, if anything, to fight my ticket?  That is the single most common question.  People who have points already on their record are most concerned that another point will result in a D.M.V. suspension and a loss of their license.  One of my clients is facing such  a prospect.  He owns a moving company and drives for a living.  He recently was pulled over and cited for speeding.  The D.M.V. here in California found out about two other tickets that he had  received outside of California.  None-the-less, the D.M.V. is now seeking to label him as a negligent operator and suspend his license becasue he has accrued too mnay points.  I am confident that we will prevail.  Remember, as I previously have written, the D.M.V. has tremendous discretion over licenseing.  As we all learned when we first received our driver's licence, driving is a privilege, not a right.  Traffic tickets can be fought and should be fought in court.  They must be handled properly by a criminal defense lawyer who knows what to look for and how to win.  Just conceding and allowing your insurance rates to be raised and risking a driver's license suspension should not be an option.  As a criminal defense attorney based in Southern California, I personally have handled hundreds of cases involving traffic violations.  I have won in traffic courts from San Diego to Monterey.  So if you or someone you know has a traffic ticket that you want fought by a top criminal defense lawyer, if you need your license protected and cannot afford a suspension, your first call should be to the Law Offices of Richard M. Sudar at (310) 277-4112.  We can help, even if you have had recent accidents.  For immediate assistance you also can simply click here.   

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November 17, 2009
  Resisting Arrest and Obstructing / Delaying a Police Officer, Public Officer, or Emergency Personnel
Posted By Richard Sudar
In summary, California Penal Code Section 148(a) makes it a crime to resist, delay, or obstruct any public officer, peace officer, or emergencncy medical personal in the discharge or attempted discharge of their duty.  The charge is considered a misdemeanor, punishable by up to one year in the county jail.  California Penal Code Section 69 is very siminal in language to Penal Code Section 148(a) with two major exceptions.  First, P.C. 69 is a felony charge, punishable by up to 3 years in prison.  Second, the additional element of force is required to sustain a coviction under this more serioius, felony code section.  Most commonly, these charges are made in relation to cases involving a police chase of some kind.  However, over the years, I have seen both of these added as "piggy-backs" to other criminal charges.  I have a case currently in Ventura County where my client is charged with D.U.I. and resisting arrest (P.C. 148(a)).  According to the police report, she kept turning arond, complaining that the handcuffs were being applied too tight.  But is that really resisting arrest, complaining about the pain of handcuffs that ultimately left deep, embedded red marks?  It shouldn't be.  But all too often it is.  About 3 months ago I handled a matter in the Compton Courthouse.  The police were chasing an individual down the street.  Another man was just standing on the sidewalk.  Fearing some kind of harrassment, he ran as well.  The police chased him and he was pushed to the ground.  No connection ws ever made between him and the original person who was being chased.  None-the-less he ultimately was charged with violating Penal Code Section 69, a felony.  Through much hard work, the charge later was dropped.  Good people, innocent people can be caught up in a situation that they did not create, that they want no part of.  These charges are serious.  To protect your liberty and the liberty of others, these charges must be defended aggressively and proactively by a top criminal defene lawyer who is not afraid to challenge the evidence and the prosecution's case.  At the Law Offices of Richard M. Sudar, we are on your side, we will fight for you.  If you, a friend, or loved one is charged with resisting arrest, or delaying or obstructing  a public officer, a peace officer, or emergency personnel, your first call should be to our first-rate criminal defense team at (310) 277-4112.  You can also click here for immediate assistance. 
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November 17, 2009
  Child Endangerment and Domestic Violence
Posted By Richard Sudar
Did you know that here, in California, child endangerment is prosecuted under the same umbrella code section as domestic violence (California  Penal Code Section 273)?

§ 273a .
Endangering child or causing or permitting child to suffer physical pain, mental suffering, or injury; Conditions of probation

(a) Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her person or health is endangered, shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison for two, four, or six years.

(b) Any person who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her person or health may be endangered, is guilty of a misdemeanor.

The problem with the law, in my opinion, is not the intent with which it is written, but the broad language used.  There are many situations in which very good people make bad decisons in a moment -- a screen door is left ajar and a baby crawls into a pool; a parent forgets their buckled child and goes into a store only to arrive back at their vehicle to find their beloved infant sweltering in a car seat, etc., etc.  Even a physical argument between two adults can be prosecuted not only as domestic violence but also as child endangerment if and when it took place in front of a child.  On top of that, the charge may be filed as a felony or as a misdemeanor -- it is considered a wobbler.  So why are some cases felonies and some misdemeanors?  Who decides?  And what can an attorney do to help?  The simple answer is that prosecutors have a tremendous amount of discretion in deciding what charges / cases should be prosecuted.  They decide if a case should be filed as a felony or as a misdemeanor;  Who should face a maximum of one year in the county jail and who should be looking at 6 years in prison.  As a highly experienced and respected criminal defense attorney, I have handled many, many cases involving child endangerment and domestic violence.  Whether the case occurs in Ventura County, San Bernardino County, Riverside County, Los Angeles County, Orange County, or San Diego County, the experience and reputation of the criminal defense attorney -- how they are pereceived by judges and prosecutors -- makes all the difference.  It often menas the difference between a misdemenaor charge being filed as opposed to a felony count or even the difference betwen a charge or charges being filed in the first place or being dismissed later on.  As a highly aggresive, proactive criminal defense lawyer based in Southern California, I know how to get results.  So if you, a friend, or loved one is charged with child endangerment or domestic violence anywhere throughout Southern California, call the preeminent criminal defense team of the Law Offices of Richard M. Sudar at (310) 277-4112.  You also can simply click here for immediate assistance.    

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November 17, 2009
  Possession of a Firearm / Possession of a Firearm by a Felon
Posted By Richard Sudar
California Penal Code Section 12025(a) states that:
  A person is guilty of carrying a concealed firearm when
he or she does any of the following:
   (1) Carries concealed within any vehicle which is under his or her
control or direction any pistol, revolver, or other firearm capable
of being concealed upon the person.
   (2) Carries concealed upon his or her person any pistol, revolver,
or other firearm capable of being concealed upon the person.
   (3) Causes to be carried concealed within any vehicle in which he
or she is an occupant any pistol, revolver, or other firearm capable
of being concealed upon the person.

The law seems fairly straightforward on its face. However, there are
many, many instances when innocent individuals wrongfully are prosecuted.
Today, I met with someone who was crossing the street when he was
approached by the police. The police stopped him and detained him.
Apparently there was a shooting in the area and the police wanted to
question everybody. When the police found out that he previously had
been on probation, they asked which car was his. He said none of the cars.
The police then removed keys from his pocket and pushed the button on
the keyring. A car "beeped". For seemingly no good reason, the police
began to search the car. They found a gun. The individual tried to
explain that the car was his cousin's and he had the keys to let himself
into his cousin's house. The police none-the-less arrested him, claiming
that he was in violation of Penal Code Section 12025(a)(1). As an
leading criminal defense attorney with extensive experience throughout
Southern California, I can tell you that is not the intent of the law.
But, all too often, that is the result
. It seems clear that he was in the wrong
place at the wrong time. Not too long ago, in the Alhambra Courthouse in
the San Gabriel Valley, my client was charged with possession of a firearm.
He was the passenger in a car that was searched. A gun was later found in
the car. He was prosecuted. I filed several motions and only after months
and months of hard work was I able to convince the prosecutor on the eve of
trial to drop the case
. This law cannot be allowed to deprive innocent people
of their liberty. And, did you know, that a convicted felon cannot own,
use, or possess a firearm. So, if they are in a friend's car or in a friend's
house, should they be subjected to a long prison, felony sentence because
someone else had a gun somewhere near to where they were? Of course not!
At the Law Offices of Richard M. Sudar, we fight hard to ensure that you
get justice. If you, a friend, or loved one is facing a charge of Possession
of a Firearm
or Possession of a Firearm by a Felon, your first call should be
to the experienced criminal defense team at the Law Offices of Richard M.Sudar
at (310) 277-4112. You can also simply click here for immediate assistance.

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November 17, 2009
  Driving on a Suspended License and D.U.I.
Posted By Richard Sudar
California Vehicle Code Sections 14601 et seq. outline the crimes and punishments relating to driving on a suspended license.  An individual's license may be invalid for any number of reasons;  The most common one being a suspension related to driving under the influence (D.U.I.).  A license may even be suspended because somebody failed to pay child support.  You may not have realized that you were were driving on a suspended license and the penalties can be quite severe.  On top of heavy fines and court fees, the Vehicle Code actually mandates jail time in several instances -- a second time, or a violation of a DUI license suspension for example.   These cases are serious.  And as I said, they often can be expensive, they will appear as a misdemeanor on your permanent record, and the D.M.V. may further restrict your license, not allowing you even to go to work.  So what can you do if you or a loved one is charged with driving on a suspended license?  The first and most important rule in criminal defrense is to hire the best criminal defense attorney.  As an experienced criminal defense lawyer, I personally have handled hundreds (if not thousands) of cases involving D.U.I. and driving on a suspended license throughout Southern California, from Ventura to San Diego.  I always have been able to resolve these cases with minimal consequences to my clients.  Because of my personal relationship with many jusges and prosecutors, charges have been reduced, mandatory jail times have been waived, and fines greatly have been reduced for my clients, often without them ever having to enter a courtroom.  We deal not only with the charged crime itself but also with the underlying factors that led tp the charge being filed.  Additionally, we will advise you and represent you before the D.M.V.  Remember, even if you win in court, the D.M.V. has the ultimate, last, and final say over yoiu license and may wish to take action in addition to any court ordered punishment.  The bottom line is that too much is on the line not to trust the preeminent law Offices of Richard M. Sudar.  Our highly trained team will work as hard as humanly possible to ensure the best result in each and every case.  To immediately be connected to our office, kindly call (310) 277-4112.  You also can simply click here for assistance.
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November 11, 2009
  Plea Bargaining, Negotiations, and Aggressive Criminal Defense
Posted By Richard Sudar
I am a highly aggressive and proactive criminal defense attorney.  I fight hard for every inch and do not stop until my clients get justice.  But being a highly aggressive lawyer does not mean that all of my cases go to trial.  In fact, as an interesting note, statistically, only about 4 to 5 percent of all criminal cases end up in trial.  What happens to the rest of them?  An integral part of the criminal defense process involves plea bargaining and negotiations.  People often confuse "plea bargaining" with not being aggressive.  That cannot be farther from the truth.  While focusing on getting each case dismissed, I always am mindful that minimizing potential consequences is of utmost importance.  As I previously have written, I pride myself on the relationships that I have built up with judges and lawyers over the many years that I have been practicing criminal defense.  It is that trust and confidence in my word, that invariably affords me the ability to meet with prosecutors in an  extended fashion.  This is an earned privilege that very few defense attorneys ever get.  A necessary function in criminal law is the concept of reciprocal discovery, the process of sharing information between prosecutor and defense attorney.  A major difference between civil and criminal law practice is that civil lawyers tend to "hide the ball" much more and criminal lawyers are much more straightforward.  For this to work, however, prosecutors have to trust the word of defense attorneys and vice a versa.  That is where having the right criminal defense lawyer in your corner from the beginning makes all the difference in the world, in terms of guilt, exposure to jail, and, ultimately, punishment.  If you have further questions about the criminal defense process in general and especially if you or a loved one needs a top criminal defense attorney anywhere throughout Southern California, you should immediately call the Law Offices of Richard M. Sudar at (310) 277-4112.   You also can simply click here for immediate assistance.
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November 11, 2009
  Receipt of Stolen Property and Theft Related Offenses Generally
Posted By Richard Sudar
Penal Code Section 496(a) defines what constitutes receipt of stolen property.  To meet the elements of the crime, the prosecution has to prove that an individual somehow got property that they knew was stolen.  It seems relatively simple.  However, this particualr charge can be significant for any number of reasons.  As a criminal defense attorney based in Southern California, I have personally handled literally hundreds of criminal matters involving receipt of stolen property and other theft related offensesOne case, in particular, involved a matter in Orange Countt where my client was charged with Grand Theft Auto (P.C. 487(a)) and Receipt of Stolen Property;  The grand theft charge being much more significant.  Because of my relationship with the prosecutor and aggressive defense, I was able to resolve the case with a plea to just one count of receipt of stolen property, a misdemeanor.  Sometimes, people are given, or even purchase, items only to learn later that the items were stolren.  This happens frequently in private person to person sales of computers and computer parts, as well as automobiles.  Should an innocent buyer, who may have no legitimate information on the seller, be left "holding the bag" (literally in some cases) when they believed the original transaction was legitimate?  Of course not.  However, too often, that is exactly what happens.  Theft related offensses, in general, can be tricky.  Establishing intent may be a very difficult proposition for prosecutors.  I can assure you of one thing, having an aggresive and experienceed criminal defense attorney in your corner is the best protection of all.  At the Law Offices of Richard M. Sudar, we focus on each case individually.  We fight hard to make sure your rights are protected.  If you, a friend, or loved one has been charged with receipt of stolen property or any other type of theft offense anywhere in Southern California -- including Ventura County, Los Angeles County, San Bernardino County, Riverside County, Orange County, or San Diego County -- your first call should be to the highly experienced top criminal defense team at the law Offices of Richard M. Sudar at (310) 277-4112.  You also can simply click here for immediate assistance. 
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November 10, 2009
  Entrapment, Narcotics, and What You Need to Know
Posted By Richard Sudar
I was speaking with a nice young man today who was arrested in San Bernardino over the weekend for narcotics sales / possession.  The main issue in his case appears to be intent and whether or not he was entrapped.  In California, entrapment is an absolute defense.  However, the burden is on the defendant to prove (beyond a reasonable doubt) that the police lured an individual into doing something illegal that they otherwise had no intention of doing.  Entrapment occurs when a police officer, or their representative, put undue pressure on an individual,  harrass them or threaten them repeatedly to do something, or commit outright fraud in getting them to do an activity;  The activity being something akin to selling an undercover officer illegal narcotics, for instance.  In the case of the person who called my office, the substance at issue seems to be ecstacy tablets.  Reasonableness and a totality of circumstances approach is used to determine whether or not "entrapment" has occurred.  So how does it work?  Let's say you sell or give illegal drugs to an undercover officer in exchange for something, typically money.  And, for the purpose of this example, hold that you did not come to the location to sell drugs, that you did possess them but it was for personal use.  Under the right circumstances, you may clearly be able to argue, but for certain applicable facts (as outlined above), that you never would have sold the drugs; that never was the intent.  Then, an entrapment defense could and should be used to mitigate the crime charged from possession for sale to simple possession.  Why may that be important?  It is incredibly significant when one considers that drug programs -- DEJ and Prop. 36 -- generally only are available to defendants charged with possession only.  If and when the program is successfully completed, the entire case will be dismissed as if it never happened;  Your record protected.  Of course, with the right attorney who focuses on getting cases dismissed anfd files every appropriate motion, that may just be the beginning of the battle.  At the Law Offices of Richard M. Sudar, we are proactive and aggressive.  We focus on getting your case dismissed!  So if you, a friend, or loved one has been charged with possession, possession for sale, sale, or transportation, give the experienced criminal defense team at the Law Offices of Richard M. Sudar a call at (310) 277-4112.  We can help and have the "know how" to succeed, especially if you believe that the police have committed abuse, misconduct, and / or entrapment.  You also can simply and easily click here for immediate assistance. 
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November 09, 2009
  Elder Abuse -- What You Need to Knoiw
Posted By Richard Sudar

In California, crimes perpetrated against the elderly are given special classification and here, in Los Angeles County and throughout Southern California, are prosecuted by special units within district attorneys' offices.  These types of cases are given a particular emphasis;  Sentencing is harsher than normally is the case.

California Penal Code, Section 368 specifically states:

  • (a) The Legislature finds and declares that crimes against elders and dependent adults are deserving of special consideration and protection, not unlike the special protections provided for minor children, because elders and dependent adults may be confused, on various medications, mentally or physically impaired, or incompetent, and therefore less able to protect themselves, to understand or report criminal conduct, or to testify in court proceedings on their own behalf.
  • (b)
    • (1) Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult, with knowledge that he or she is an elder or a dependent adult, to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured, or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health is endangered, is punishable by imprisonment in a county jail not exceeding one year, or in the state prison for two, three, or four years.
    • (2) If in the commission of an offense described in paragraph (1), the victim suffers great bodily injury, as defined in subdivision (e) of Section 12022.7, the defendant shall receive an additional term in the state prison as follows:
      • (A) Three years if the victim is under 70 years of age.
      • (B) Five years if the victim is 70 years of age or older.
    • (3) If in the commission of an offense described in paragraph (1), the defendant proximately causes the death of the victim, the defendant shall receive an additional term in the state prison as follows:
      • (A) Five years if the victim is under 70 years of age.
      • (B) Seven years if the victim is 70 years of age or older.
  • (c) Any person who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult, with knowledge that he or she is an elder or a dependent adult, to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health may be endangered, is guilty of a misdemeanor.
  • (d) Any person who is not a caretaker who violates any provision of law proscribing theft or embezzlement, with respect to the property of an elder or dependent adult, and who knows or reasonably should know that the victim is an elder or dependent adult, is punishable by imprisonment in a county jail not exceeding one year, or in the state prison for two, three, or four years, when the money, labor, or real or personal property taken is of a value exceeding four hundred dollars ($400); and by a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the money, labor, or real or personal property taken is of a value not exceeding four hundred dollars ($400).
  • (e) Any caretaker of an elder or a dependent adult who violates any provision of law proscribing theft or embezzlement, with respect to the property of that elder or dependent adult, is punishable by imprisonment in a county jail not exceeding one year, or in the state prison for two, three, or four years when the money, labor, or real or personal property taken is of a value exceeding four hundred dollars ($400), and by a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the money, labor, or real or personal property taken is of a value not exceeding four hundred dollars ($400).
  • (f) Any person who commits the false imprisonment of an elder or dependent adult by the use of violence, menace, fraud, or deceit is punishable by imprisonment in the state prison for two, three, or four years.
  • (g) As used in this section, "elder" means any person who is 65 years of age or older.
  • (h) As used in this section, "dependent adult" means any person who is between the ages of 18 and 64, who has physical or mental limitations which restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. "Dependent adult" includes any person between the ages of 18 and 64 who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.
  • (i) As used in this section, "caretaker" means any person who has the care, custody, or control of, or who stands in a position of trust with, an elder or a dependent adult.
  • (j) Nothing in this section shall preclude prosecution under both this section and Section 187 or 12022.7 or any other provision of law. However, a person shall not receive an additional term of imprisonment under both paragraphs (2) and (3) of subdivision (b) for any single offense, nor shall a person receive an additional term of imprisonment under both Section 12022.7 and paragraph (2) or (3) of subdivision (b) for any single offense.

Many problems can arise in prosecuting these types of cases.  Family members may believe that a caregiver is abusing their loved one.  Sometimes, the reality is that it is not the care provider at all but a member of the alleged victim's own family who is at fault.  When money becomes a primary concern, a whole nother avenue opens up which, by itself, is fraught with the potential for abuse.  So while clearly the elderly must be given special care and attention, those who sacrifice their time and act as caregivers must themselves be protected against potentially false and  damaging criminal complaints lodged against them.  As always is the case, a criminal defendant is entitled to the benefit of the doubt, the presumption of innocence, and the very best criminal defense.  These types of allegations, at the very least, can ruin your reputation and prevent future employment.  So if you, a friend or loved one has been accused or charged with elder abuse anywhere throughout Southern California -- including: Ventura County; Los Angeles County; San Bernardino County; Riverside County; Orange County; and San Diego County -- your first call should be to the pre-eminent defense team at the Law Offices of Richard M. Sudar at (310) 277-4112.  You also can just click here for immediate assistance.  

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November 09, 2009
  Should Juveniles be Sentenced to Life in Prison Without the Possibility of Parole?
Posted By Richard Sudar
As a criminal defense attorney based in Southern California, I consider myself to be a safeguard in the criminal justice system.  It is not good enough to practice law but it also is necessary to wrestle with ethical implications and morality.  Years ago, specifically in regards to juveniles, the debate centered around the appropriate application of the "Three Strikes Law".  Now, it seems, the debate has shifted somewhat to the imposition of the death penalty and even a sentence of life in prison for juveniles.  Throughout the United States, 109 juveniles currently are serving a sentence of life in prison without the possibility of parole.  Not-with-standing the facts and evidence that led to those sentences, is that right?  Well, in addition to refusing to stay tomorrow's planned execution of D.C. Sniper John Alan Muhammad, that is the exact question that the Supreme Court of the United States wrestled with today.  Even the justices appeared divided.  The case before the Supreme Court focused on two Florida juveniles.  Their lawyers argued that a life in prison sentence applied to juveniles was "cruel and unusual" punishment and thus should be forbidden under the United States Constitution.  Why?  Simply stated, because people so young have the capacity to change.  It has been fully four years since Justice Anthony Kennedy wrote the Supreme Court opinion that ruled out the death penalty for people under 18, judging them less responsible than adults. So most eyes were on him Monday as the court considered whether to extend that rationale to life without the possibility of parole sentences.  But he gave no hint as to which way he was leaning, at one point stating, "[w]hy does a juvenile have a constitutional right to hope, but an adult does not?"  As was reported by The Associated Press and in the Washington Post, Justice Ruth Bader Ginsburg provided a possible answer, wondering whether teenagers can be accurately evaluated at the time they are sentenced. It may be possible that only after some years have passed that the state can determine, "[h]as this person overcome those youthful disabilities?" she said.  On the other side of the issue, Justice Samuel Alito questioned whether every last juvenile offender had to be given a second chance. "Some of the actual cases in which this sentence has been imposed in Florida involve factual situations that are so horrible that I couldn't have imagined them if I hadn't actually seen them," Alito said, recounting two that involved the rape of children.  While a decision is not expected for some time, ethical questions in these and other criminal cases constantly must be asked.  We all are not entitled to a perfect judicial system.  But we must demand one as fair and just as possible.  For further questions regarding criminal defense, kindly call the Law Offices of Richard M. Sudar at (310) 277-4112 or simply click here for immediate assistance.


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November 09, 2009
  Identity Theft
Posted By Richard Sudar
California Penal Code Section 530.5 defines what constitutes criminal identity theft.  The code section reads as follows:
530.5.  (a) Every person who willfully obtains personal identifying
information, as defined in subdivision (b) of Section 530.55, of
another person, and uses that information for any unlawful purpose,
including to obtain, or attempt to obtain, credit, goods, services,
real property, or medical information without the consent of that
person, is guilty of a public offense, and upon conviction therefor,
shall be punished by a fine, by imprisonment in a county jail not to
exceed one year, or by both a fine and imprisonment, or by
imprisonment in the state prison.
   (b) In any case in which a person willfully obtains personal
identifying information of another person, uses that information to
commit a crime in addition to a violation of subdivision (a), and is
convicted of that crime, the court records shall reflect that the
person whose identity was falsely used to commit the crime did not
commit the crime.
   (c) (1) Every person who, with the intent to defraud, acquires or
retains possession of the personal identifying information, as
defined in subdivision (b) of Section 530.55, of another person is
guilty of a public offense, and upon conviction therefor, shall be
punished by a fine, by imprisonment in a county jail not to exceed
one year, or by both a fine and imprisonment.
   (2) Every person who, with the intent to defraud, acquires or
retains possession of the personal identifying information, as
defined in subdivision (b) of Section 530.55, of another person, and
who has previously been convicted of a violation of this section,
upon conviction therefor shall be punished by a fine, by imprisonment
in a county jail not to exceed one year, or by both a fine and
imprisonment, or by imprisonment in the state prison.
   (3) Every person who, with the intent to defraud, acquires or
retains possession of the personal identifying information, as
defined in subdivision (b) of Section 530.55, of 10 or more other
persons is guilty of a public offense, and upon conviction therefor,
shall be punished by a fine, by imprisonment in a county jail not to
exceed one year, or by both a fine and imprisonment, or by
imprisonment in the state prison.
   (d) (1) Every person who, with the intent to defraud, sells,
transfers, or conveys the personal identifying information, as
defined in subdivision (b) of Section 530.55, of another person is
guilty of a public offense, and upon conviction therefor, shall be
punished by a fine, by imprisonment in a county jail not to exceed
one year, or by both a fine and imprisonment, or by imprisonment in
the state prison.
   (2) Every person who, with actual knowledge that the personal
identifying information, as defined in subdivision (b) of Section
530.55, of a specific person will be used to commit a violation of
subdivision (a), sells, transfers, or conveys that same personal
identifying information is guilty of a public offense, and upon
conviction therefor, shall be punished by a fine, by imprisonment in
the state prison, or by both a fine and imprisonment.
   (e) Every person who commits mail theft, as defined in Section
1708 of Title 18 of the United States Code, is guilty of a public
offense, and upon conviction therefor shall be punished by a fine, by
imprisonment in a county jail not to exceed one year, or by both a
fine and imprisonment. Prosecution under this subdivision shall not
limit or preclude prosecution under any other provision of law,
including, but not limited to, subdivisions (a) to (c), inclusive, of
this section.
   (f) An interactive computer service or access software provider,
as defined in subsection (f) of Section 230 of Title 47 of the United
States Code, shall not be liable under this section unless the
service or provider acquires, transfers, sells, conveys, or retains
possession of personal information with the intent to defraud.

Clearly, not only does the personal information have to be obtained but
there is also a requirement that it be used for an unlawful purpose.
As a criminal defense attorney, I have handled dozens and dozens (if not
hundreds) of cases where my client is charged with identity theft.
Today, in fact, I represented a woman in the Van Nuys Courthouse here in
Los Angeles County who stood accused of acquiring personal information,
falsifying a driver's license, and, ultimately, obtaining a car using
the false / manufactrued information
. In my experience, those that commit
these types of offenses tend to be very decent people who, for whatever
reason in the moment, do something that they later regret. And then, as
was the case with my client today, spend months or years "on the run."
They simply are too embarrassed and too scared to come forward. In all
instances, largely because I have been able to build an impeccable reputation
with prosecutors over many years, I successfully have been able to resolve
cases, greatly minimizing my clients' jail time and court ordered restitution.
I understand that good people sometimes make mistakes but still always deserve
the best criminal defense representation, which my firm provides. So if you,
a friend, or loved one is being charged with, or is under investigation for,
identity theft, do not hesitate to contact our experienced criminal defense
team at (310) 277-4112. You also can simply click here for immediate assistance.
 

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November 05, 2009
  The Intersection of Psychiatry and the Law
Posted By Richard Sudar
If you read the news or watch enough television, you would think that a good percentage of criminal defendants (or their lawyers) claim insanity as their defense.  The actual number who do, however, is fairly low.  To be considered "insane" under the law, an individual needs to lack the ability to understand the nature and consequences of their actions and not be able to conform their conduct to the requirements of law in a given moment of time.  As such, relatively speaking, an "insanity" defense rarely is successful in court.  In my opinion, the criminal justice system, as with addicts, does a lousy job in understanding, appreciating, and just dealing with those that have mental problems.  For what about those who do not meet the technical definition of being insane but suffer from mental illness of one form or another?  As a criminal defense attorney here in Southern California I have spent my career fighting and advocating for those that need help the most.  That includes individuals afflicted with mental illness.    Most recently in a major felony case in the Van Nuys Courthouse here in Los Angeles County, a main issue that the jury had to deliberate was the effect that long term abuse of alcohol had on my client;  Whether or not that mitigated his criminal liability.  I had another client who was not able to deal with the the fact that his wife had left him.  So almost 10 years later, still tormented, he continually called 911 just to talk about the incident.  What should the criminal liability be for an individual who cannot control their behavior to the point where they call 911 five hundred to one thousand (not a mis-print) times?  Are they a criminal?  Should they be prosecuted and jailed for mis-use of the 911 system for "clogging" it up?  I have handled numerous cases, in Los Angeles, Orange, and Ventura County in particular, where my clients have committed dozens and dozens of petty thefts.  Sometimes, they even came to the store with hundreds of dollars in their pocket.  They just could not help themselves.  Here, at the law Offices of Richard M. Sudar, we treat each client, each case individually.  And that's not just a line.  We specialize in understanding all aspects of the case.  We fight hard to protect our clients' rights, our clients' freedoms.  We often use psychiatrists and psychologists when necessary.  As a former prosecutor, I know what it takes to get the job done right.  So if you or a loved one is facing serious criminal charges and you need an experienced criminal defense attorney who gives each case the special attention it deserves, call the Law Offices of Richard M. Sudar at (310) 277-4112.  You also can simply click here for immediate assistance.
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November 04, 2009
  Arson
Posted By Richard Sudar
Whenever there is a major wildfire, such as the Station fire in the foothills of the San Gabriel Valley, everyone speculates as to whether the cause is natural or whether it was intentionally or accidentally set.  Invariably, the term "arson" is bantered about.  But what exactly is arson?  California Penal Code Section 451 defines arson as the deliberate and malicious setting of a fire to a structure or wildland area.  In a recent case that I handled in a downtown Los Angeles courtroom, my client was charged with arson for allegedly setting fire to and burning the hood of a car.  Arson is considered a serious felony under the Three Strikes law.  And my client was facing the prospect of 25 years to life in prison.  A main issue in that, and many arson cases, was identifying my client as an individual involved in the criminal activity.  Through direct and cross examination of witnesses, I was able to show conclusively that my client could not have been, and was not, involved.  The case was dismissed.  As is clear by the definition, an arson can be committed by someone starting a forest fire or even burning someone else's house, car, or other property.  It is important to note also, that if a person dies as a result of the fire, including firefighters, the individual believed to have started the fire can be tried for murder.  Arson prosecutions are specialized.  Expert witnessses often need to be called by both the prosecutor and defense, especially when the cause of the fire is seriously in dispute. District attorney's  offices dedicate "special" prosecutors who receive unique training to handle arson cases.  It absolutely is essential, therefore, to have a criminal defense attorney on your side who knows how to fight these cases, understands the terminolgy, is experienced in the cross examination of witnesses, and has a proven track record of success.  We, at the Law Offices of Richard M. Sudar, can help.  So if you, a friend, or loved one is being prosecuted or investigated for arson anywhere in Southern California (including Ventura, Los Angeles, San Bernardino, Riverside, and Orange County), your first move should be to call our experienced criminal defense team at (310) 277-4112.  You also simply can click here for immediate, interactive assistance.
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November 03, 2009
  Road Rage, Assault with a Deadly Weapon, and Mayhem
Posted By Richard Sudar
A Los Angeles jury has just convicted a prominent ER doctor on several serious charges related to a road rage incident in which the doctor slammed on his brakes in front of two bicyclists.  The jury found that he used his car as a deadly weapon and, in fact, committed an assault with a deadly weapon by slamming on his brakes and causing them to crash.  Christopher Thompson of Los Angeles, 60, was also convicted of battery causing serious injury, reckless driving and mayhem as both cyclists were seriously injured.  California Penal Code Section 245(a)(1) defines the crime of Assault with a Deadly Weapon.  Under the statute, an automobile can be considered a deadly weapon.  Driving on Southern California roadways, we all become frustrated at some point.  The vast majority of time, we keep our emotions in check.  However, especially around the holidays, the stress of everyday life, coupled with a bad economy, causes many to lose control.  As a criminal defense attorney in Southern California, I see this dynamic at work each and every year.   I have represented numerous individuals who lost their ability to control their emotions in parking lots behind drivers who were taking too long to pay, on Wilshire Boulevard after another driver cut them off.  These types of cases can happen anywhere, at any time, to anyone; ER doctors included.  The penalty for conviction can be severe.  In this most recent case, Dr. Thompson faces up to 10 years in prison.  And, for defendants with a prior record of conviction especially, 10 years may be on the low end.  The key thing to remember is that one incident does not define a person.  It absolutely is essential that a top criminal defense attorney be there to defend your rights, give your side of the story, and fight hard for you.  So if you, a friend, or loved one faces charges related to a road rage incident, assault with a deadly weapon, or even mayhem, your first call should be to the experienced team at the Law Offices of Richard M. Sudar at (310) 277-4112.  You also simply can click here for immediate assistance.

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November 02, 2009
  Criminal Defense in Orange County, Riverside County, San Bernardino County, and Ventura County
Posted By Richard Sudar
As a criminal defense attorney based in Los Angeles, I have handled well over a thousand criminal cases throughout Southern California.  I often am asked about my familiarity with other courthouses outside of Los Angeles County.  The simple answer is that I have been privileged to be able to maintain strong ties throughout the many counties and courthouses in which I have appeared.  Interestingly enough, my first case as a criminal defense lawyer shortly after leaving the Los Angeles County District Attorney's Office was a D.U.I. matter in Santa Barbara.  I have maintained strong ties to the Los Angeles County District Attorney's not only because I am former prosecutor from the office but also because a close relative (formerly a prosecutor in Ventura County) currently is a deputy district attorney there.  Because I am both aggressive and personable, I have earned the respect of judges, colleagues, and prosecutors.  In fact, many ask me for recommendations when applying for judicial positions.  Recently, I was in court in Banning in the Inland Empire and a judge commented that I sure had driven a long way that morning and that he appreciated my zealousness and tenacity in defending my clientI have used an extensive array of contacts to get my clients incredible dispositions in tough, prosecution oriented courthouses.  Having a relative who was a well respected, well liked, former deputy district attorney in Ventura County gave me instant credibility when I first appeared there almost 10 years ago.  And I am very proud that that feeling of goodwill has not changedIn Orange County, considered a highly pro-prosecution County, I have an extremely high success rate forged over many years.  The same holds true in Riverside County.  The bottom line is that hiring an attorney whose main office is within 5 miles of a given courthouse may seem convenient, but it is much, much more important to find an aggressive, hard-working, top criminal defense lawyer whom you know is respected and gets the best results.  In life, it is said, it is as important whom you know as what you know.  I personally handle all of the cases in my office.  I have the connections, the know-how, the experience, and the expertise to get the job done right.  So if you or someone you know needs a criminal defense attorney anywhere throughout Southern California, your first move should be to call the Law Offices of Richard M. Sudar at (310) 277-4112.  You also simply can click here for immediate assistance.  We are available 24 hours a day 7 days a week for your free consultation.
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November 01, 2009
  Drugs -- Manufacturing, Distribution, and Your Best Defense
Posted By Richard Sudar

Anna Nicole Smith was again in the news this past week as a judge in Los Angeles County ordered her former boyfriend and two doctors to stand trial on various drug related offenses.  Their crimes, in essence, allegedly feeding and fueling her addiction to prescription narcotics, which ultimately led to her death.  While this is not a typical case involving drug manufacturing and distribution, it truly speaks to the widespread nature of the problem, affecting every socio-economic group.  We all have heard of raids by D.E.A. agents and the F.B.I. of meth (methamphetamine) labs and marijuana hideouts.  As a criminal defense attorney, I have noticed a good majority of these cases focused in the vast and remote areas of San Bernardino County.  But I can tell you, it happens everywhere.  My cases have taken me throughout Southern California, from San Diego County to Ventura County, and beyond.  Yes, even in conservative Ventura County, you would be amazed at how many individuals are affected by this issue.  Under the California Health and Safety Code, it is illegal to manufacture, possess, sell, transport, or distribute illegal narcotics.  Special code sections (both Health and Safety and Penal) even govern situations when children may have been exposed to such activity.  District Attorneys' offices allocate specialized units to handle cases involving major narcotic activity.  And, severe bail restrictions may even be placed on a defendant whereby, in order to post bail, an individual may first have to prove that the source of the money to be used is legitimate.  This is all before they have had their day in court, before they have had a chance to properly defend themselves.  Finally, assets utilized in drug sales, manufacturing, and transportation cases may be forfeited and not returned.  Forfeiture is the uncompensated taking of property that has been illegally used or obtained.  And while the purpose of California’s asset forfeiture statutes (Health & Safety Code Section 11469 et seq.) enables the government to strip drug dealers of their operating tools and economic base, many have their money and income seized with hardly a fight.  At the Law Offices of Richard M. Sudar, we truly understand what's on the line.  We know that the government will stop at nothing to prosecute drug related offenses.  Many good people find themselves helpless to defend themselves, and without a top criminal defense attorney standing up and fighting to protect their rights, they may be carted off to jail while their loved ones are forced to live with the consequences.  And, if income / money has been seized, their situation will become that much more desperate.  So while the problems of drug manufacturing and distribution may be widespread, it does not mean that the government gets to do what they want, when they want.  There are rules.  And we at the Law Offices of Richard M. Sudar will file every appropriate motion and stop at nothing to protect the rights of the accused.  So if you or a loved one are facing drug related charges, you need an aggresive criminal defense attorney.  Call the Law Offices of Richard M. Sudar at (310) 277-4112 or simply click here for immediate assistance and your best defense.  The government will be prepared.  Will you be?


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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.
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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.
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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. 
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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.
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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. 


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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.
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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.
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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.
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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.
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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.
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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.
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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.


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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.
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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.
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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.    
Continue reading "Juvenile Offenses (A tribute to John Wooden on his 99th Birthday)" »

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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.        
Continue reading "Criminal Law -- The Process" »

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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.
Continue reading "Warrants -- Do You Have to Go to Court?" »

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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. 
Continue reading "Three Strikes Does Not Have To Mean You're Out" »

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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.     
Continue reading "Drug Offenses -- Drug Possesion, Possession for Sale, Drug Sales,Transportation" »

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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.

Continue reading "Chance, Intent, and Murder" »

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September 30, 2009
  Sexual Assault / Rape
Posted By Richard Sudar
The director Roman Polanski has made headlines again this week after his arrest in Switzerland on a roughly 30 year old arrest warrant.  The District Attorney's Office, and specifically Los Angeles County District Attorney Steve Cooley, seem determined to prosecute and bring Mr. Polanski "to justice."  Mr. Polanski originally pled guilty to a charge of sexual assault; in his case, involving a 13 year old girl.  There are many different types of conduct that can constitute sexual assault -- in essence, an unwanted touching done for the purpose of sexual gratification.  Of course, the chief concerns to those charged with sexual assault, sexual battery, or even rape, are do I have to do jail time and do I have to register as a sexual predator?  Even an accusation of having committed one of these types of offenses is incredibly troubling.  I have represented numerous clients who have been charged with sexual assault type offenses.  In one, a highly publicized case in Ventra County, my client, as well as several other young men, were accused of drugging and sexually abusing a young girl.  I worked extremely hard on that case and even had my client polygraphed.  The end result was a total dismissal and exoneration.  Another case involved a mid-thirty year old male who was accused of inappropriately touching a 17 year old girl, whom he believed to be 18.  That particualr case was handled in the Victorville Courthouse in San Bernardino County.  Again, there, my client's chief concerns were jail time and registration as a  sexual offender.  I truly understand what it takes to defend people accused of rape, sexual battery, or any other type of sexual assault.  When others do not fully understand the hard work that it takes to investigate these cases and defend the rights of the accused, I stand up and fight hard and aggressively for my clients.  So if you need help because you or a loved one is accused of sexual assault, sexual battery, or even rape, or if you need assistance in another area of criminal defense, your best defense is hiring the right criminal lawyer who will take your case as seriously as you do from the beginning.  You can call our offices directly at (310) 277-4112 or simply click here for more information.        
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September 29, 2009
  Domestic Violence
Posted By Richard Sudar
In criminal law, few crimes generate as much discussion as domestic violence.  And yet, few people really understand the law regarding domestic violence.  In California, domestic violence, in essence, is any unwanted touching that occurs between individuals who are married, engaged, or have a dating relationship.  The applicable law is governed by Penal Code Section 273.5(a).  Depending on the level of the alleged abuse, the case may be filed as a felony or as a misdemeanor.  Additionally, there may be allegations and related charges of child abuse and even immigration consequences.  But, for now, I would like to focus purely on the domestic violence charge.  Really since the O.J. Simpson trial, any allegation of domestic violence is taken extremely seriously.  Some people call the police to try and end an argument with their spouse and before they know it, their spouse is in handcuffs and being arrested.  Getting the right criminal defense attorney at the beginning is critical, whether someone is charged with a felony or a misdemeanor.  You need a great criminal lawyer who knows the law and is respected by both the judges and prosecutors.  Just because an allegation of domestic violence is made, does not mean it is true and does not mean that the charge or charges should not aggresively be fought.  Getting the right lawyer who understands the best defenses is of utmost importance as well.  So if you or a loved one is charged with, or accused of, domestic violence in Los Angeles, Orange, San Diego, San Bernardino, Ventura County, or anywhere else throughout Southern California, or you just would like more information about the topic of domestic violence, please click here and someone will be of immediate assistance.
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September 27, 2009
  Driving Under the Influence (D.U.I.)
Posted By Richard Sudar
Getting a D.U.I. can be a very scary thing.  Is my license suspended?  Will I have  a record?  Will I lose my job?  Will work find out?  Will I lose my car insurance?  These are just a few of the questions that I, as a criminal defense lawyer, hear almost every day.  The truth is that it is scary, especially if you do not have the right criminal defense attorney protecting your rights.  Depending on where you are arrested -- Ventura County, Los Angeles County, Orange County, San Bernardino County, San Diego County, just to name a few  -- each county has diefferent degrees of punishment.  And the D.M.V. has different standards altogether.  It is critical to find the right criminal defense lawyer who gets it.  To be clear, there actually are two different vehicle code sections here in California that are specific to D.U.I.'s.  One involves whether someone allegedly is driving with a blood alcohol content of .08 or above (V.C. 23152(b) and the other is more general (V.C.3152(a)).  For a lesser charge, there is a wet reckless.  Yes, it can be very confusing!  Finding the best criminal defense attorney who understands and can make sense of it all is the first best step to get your questions answered and to get a handle on your problem.  I am that person and I am available 24 hours a day, seven days a week.  So for the answer to your questions, to get the help you need now, and for a free consulation call (310) 277-4112.  You can also click here for immediate assistance.
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September 25, 2009
  Theft Offenses
Posted By Richard Sudar
The arrest of actor Randy Quaid on theft related offenses yesterday is noteworthy for a number of reasons.  Apparently at issue is the payment or non-payment of a hotel bill at the San Ysidro Inn in Santa Barbara County.  As a criminal defense attorney servicing all of Southern California -- from Santa Barabara County to Ventura County to Los Angeles County, San Bernardino County, Riverside County, Orange County and San Diego County -- I truly understand how each situation is different and unique.  While I have handled many cases involving celebrity clients, I believe that no one case is more important than any other.  While Randy Quaid may be accused of not paying a $10,000 (yes, that's not a typo) hotel bill, that is not the norm.  In our tough economy, good, everyday, hard-working people do things that they might not otherwise do, simply to support their families.  They may be accused of embezzlement, welfare fraud, insurance fraud, burglary, robbery, or any other type of theft related offense.  And they need to be sure that they will be treated like a celebrity client even if they cannot afford a $10,000 hotel stay at the San Ysidro Inn.  They need to know that everything is going to be okay, that there is someone out there to fight for them.  Their actions may be causing them a potential immigration problem as well.  At the Law Offices of Richard M. Sudar, we specialize in trying to get the case dismissed.  We fight hard for all of our clients.  We know what is on the line and we don't stop until you get justice.  So if you need the help of an experienced criminal defense attorney, and need help now, click here and watch the Law Offices of Richard M. Sudar fight for you.
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September 23, 2009
  Choices
Posted By Richrad Sudar
Each and every one of us make millions of choices in our life; some we come to regret.  Good people can find themselves in situations in which they could never envision themselves.  They need help, and badly.  It is precisely at those that they may need an experienced criminal defense lawyer who will have their back and fight hard for them.  They need to be represented by the right criminal attorney.  In my years, first as a prosecutor and now as a criminal lawyer, I have learned the best and most effective ways to try and achieve justice in each individual case.  Everyone deserves respect and personal attention.  Whether someone is charged with a d.u.i., a theft related offense, battery, or even murder, they as well as their family members deserve individual attention.  They have a right to a criminal defense lawyer who is available to them 24 hours a day seven days a week.  They need a criminal defense attorney who will listen to them and treat them with respect.  I don't care if you need a criminal lawyer in Los Angeles County, Orange County, Riverside County, San Bernardino County, Ventura County,  or even up north, The Law Offices of Richard M. Sudar are here for you.  I promise, you will never go wrong with choosing The Law Offices of Richard M. Sudar.  For more information and immediate assistance, click here
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September 16, 2009
  Criminal Intent and how an experienced criminal defense attorney can make all the difference.
Posted By Richard Sudar
Throughout my career as a prosecutor and now as a criminal defense attorney, a topic that seems to interest people the most is that of intent.  Whether I'm in court in Los Angeles, Ventura, Orange, San Bernardino, San Diego, or another surrounding county, that issue, that question, is at the heart of everything we do as criminal defense attorneys.  I currently am involved in an attempted murder trial in the Van Nuys courthouse, here in Los Angeles County.  And again, the issue of intent is at the heart of the case.  In criminal law, specifically criminal defense, whether a case involves d.u.i. (driving under the influence) or murder, mental state, what is occurring at the time in an individual's mind, is key.  As an experienced criminal defense attorney, who has conducted numerous trials in several courthouses,  I can tell you that at the time an action is committed, what is intended makes all the difference.  We as lawyers learned in law school that for a crime to occur, there must be a meeting of a criminal act and criminal intent.  In the news lately, Michael Jackson's personal physician, Dr. Conrad Murray, may face serious criminal charges.  And the outcome likely will depend on what 12 jurors believe was Dr. Conrad Murray's intent and what mitigation, if any, can be inferred from Michael Jackson's actions themselves.  Many people reading this may be facing criminal charges of their own in Los Angeles county or elsewhere.  What is key is that they have a criminal defense attorney who truly understands the issues, what's on the line; a criminal defense attorney that is prepared to fight for them, one who has their back.  The intent, and understanding the implications there, are key.  It certainly will be decisive in my current attempted murder trial in Van Nuys.  If you would like more information, have further questions, and especially if you need the help of an experienced criminal defense attorney, click here.  I wish you the best.
Continue reading "Criminal Intent and how an experienced criminal defense attorney can make all the difference." »

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September 10, 2009
  Welcome to our blog!
Posted By Scorpion Design
Thank you for visiting our new criminal defense blog!  Check back soon for updates!
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