America's Criminal Defense Group - Our Legal Blog

Hollywood actor, Shia LaBeouf, was booked hours after his involvement in a two-vehicle accident that resulted in the overturning of his truck.  Reports indicated that LaBeouf was arrested after receiving treatment to an injured hand at Cedars-Sinai Medical Center in Los Angeles, CA. “It was immeidately apparent to officers responding on the scene that LaBeouf was intoxicated and he was subsequently placed under arrest,” LA County Sheriff’s Sgt. Scott Wolf said. http://ap.google.com/article/ALeqM5g4JcHnfstd6XuOKjgfCjICDQmiZQD926T4C00

It is likely that LaBeouf will be charged with Misdemeanor DUI (CVC 23152(a)), if the Los Angeles County DA’s office determines that the officers’ observations will be conclusive evidence of LaBeouf’s intoxication.  However, depending on the outcome of any blood or breath tests, he could also also be charged with 23152(b). There is no doubt that LeBeouf will need excellent criminal defense attorneys to handle this unfortunate incident.  However, the outcome of his case will invariably depend on the criminal defense attorney he hires. The DUI attorneys at America’s Criminal Defense Group have successfully resolved many DUI cases, such as Mr. LaBeouf’’s situation, throughout the nation. If you find yourself in this unfortunate position, do not hesitate to visit our website - http://www.americascriminaldefense.com/html/dui-dwi.html

The Los Angeles Times recently reported that a teenage girl’s name was used during a police interrogation of a murder suspect in 2003. Shortly after the interrogation, the murder suspect admittedly contacted a fellow gang member and order that the girl be killed for her cooperation with the police.  As if this wasn’t bad enough for those individuals who are willing to assist the police their investigation, imagine if you didn’t actual talk to the police about the case, much less point out a suspect in a line-up.  Martha Puebla, the 16yr girl that was killed, had her name mentioned by a homicide investigator during the interrogation of Jose Ledesma, a San Fernando Valley gang member.  It has been confirmed that the police fabricated statements she made, and then signed her name on a photo line-up card, and showed this to Ledesma. The following day, Ledesma ordered the hit on Puebla. http://www.latimes.com/news/local/la-me-lapd18-2008jul18,0,1700336.story. As a result, the 16yr old girl was shot and killed.

The tactic of police lying to suspects is well known. However, in a tragic incident like this, it becomes clear that even the police actions can have fatal consequences.  It may be understood why police lie, but this evidence demonstrates just how poorly investigative work has become.  It appears that more detectives these days have forgotten the true art of detection.  Lying has become the number one tool for many detectives, and their acts unfortunately don’t just impact criminal defendants.  A good criminal defense attorney at America’s Criminal Defense Group can easily spot a poor case – usually by simply evaluating the police reports. http://www.americascriminaldefense.com/html/murder.html

Now that the Federal government (FDIC) has effectively taken control over the once mortgage industry leading lender, Indymac Bank, it appears additional steps may be taken.  According to a report released by the Associated Press, the FBI is investigating Indymac on possible fraud charges.  The reports indicate that the fraud investigation is focused on the company, and not any individual employees.  And the illegal action? . . . . Aggressive lending to high-risk borrowers. http://www.cnn.com/2008/US/07/16/fbi.indymac/index.html ; http://latimesblogs.latimes.com/laland/2008/07/ap-fbi-probes-p.html

This appears to be yet another tactic by the government to hold more people responsible for the ongoing crash of the mortgage industry.  It all started with the real estate sales, then the brokers, and now the banks.  An interesting thread in all of these defaulted loans - it appears the borrowers who often over-estimated their income (”stated income loans” allowed this with little or no confirmation from the banks) are not coming under similar investigation.  Whatever happened to poor investment decisions?  Is every loan and home foreclosure going to lead to a criminal investigation? Is this the type of criminal investigation that the Feds and Local Law Enforcement should be focused on?  Whatever the answer are, many well-to-do individuals and companies will soon be facing Real Estate Department investigators, Dept. of Treasury, IRS, and FBI investigators in the near future, and will need the assistance of experienced criminal defense attorney with knowledge of the real estate and mortgage industries.

America’s Criminal Defense Group attorneys understand the criminal aspects in mortgage and real estate law, and are ready and willing to aggressively defend any person or entity who has been caught in the cross-fire.  http://www.americascriminaldefense.com/html/white-collar.html

Jocelyn Kirsch and Edward Anderton will soon face the music for their involvement in a years-long scam that defrauded many neighbors and friends.  Kirsch, daughter of a plastic surgeon in North Carolina, pleaded guilty to aggravated identify theft, and other related charges today in Federal Court.  Anderton, Kirsch’s boyfriend, will likely face up to 5yrs, for his involvement in the scheme.  The couple is estimated to have stolen upwards of $116,000 in goods and services. http://www.cnn.com/2008/CRIME/07/15/couple.fraud.ap/index.html

It is unknown how long the couple would have continued to get away with the theft, which funded lavish vacations and spending, if it wasn’t for a bounced check to a hair-stylist.  When the check was reported to the police, an investigation of Kirsch’s activities began. Authorities say that photos found on the couples’ computers showed them in exotic destinations, presumably living the life. Both Kirsch and Anderton were enrolled in college, and appeared to be heading in the right direction. Those plans will now be placed on hold for at least 5yrs.

Criminal defense attorneys in cases like this must do the extra work of demonstrating legitimate purchases, through the use of receipts or bank account activity, in an effort to prevent an overage in criminal charges. When defending clients in this type of case, America’s Criminal Defense Group’s attorneys work diligently with expert forensic accountants to distinguish legitimate funds from possible illegal funds, to obtain the best possible outcome for their clients.

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Recently, CNN ran an article explaining how the FBI does not really operate like many of the crime dramas on our TV’s nightly.  Although the FBI crime lab was the influencing force behind the hit show “CSI,” this and other shows like it tend to take liberties with the day-to-day operations, and the quickness and efficiency of the department.  And this is important, believe it or not, in the world of criminal justice. http://www.cnn.com/2008/CRIME/07/14/fbi.lab/index.html

More jurors in criminal cases are finding it difficult to believe in a person’s guilt, where there is no showing of DNA, fingerprints, or other such scientific evidence.  The world of criminal justice, in the eyes of most television viewers, must now be precise and infallible.  “No one’s infallible, . . . A mistake can be made. The idea is to minimize it. And the idea is to act on it if it was made and correct it, and make sure it doesn’t happen again,” says Robert Fram, chief of the FBI’s scientific analysis section. http://www.cnn.com/2008/CRIME/07/14/fbi.lab/index.html

The assistance of a criminal defense attorney, like those at America’s Criminal Defense Group, can be an incredible benefit to a defendant. By explaining which discrepancies to look for in a particular case, and persuading jurors to disbelieve allegations where there is no physical evidence of guilt, criminal defense attorneys are able to make a criminal defendant’s day in court truly meaningful.

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Authorities in Alabama today filed Federal charges against Raymond Gagnon, former step-father to Brooke Bennett, after apparently finding evidence of child pornography in his Cullman, AL home.  Bennett, 12, was discovered last week in a shallow grave in Vermont, about a week after she had gone missing. Her uncle, Michael Jacques, is currently charged with the girl’s abduction and murder in Burlington, VT.  Jacques is accused of luring the girl with the intention of initiating her into a child sex ring.  Gagnon is currently in custody in VT, where he is facing allegations of concealing information related to the girl’s disappearance investigation. http://www.cnn.com/2008/CRIME/07/07/missing.vermont.girl.ap/index.html

Although few details have been released regarding the contents of a possible computer found in Gagnon’s home, any images found with possible relation to any of Jacques’ activities could further tie Gagnon into a possible conspiracy charge with Jacques.  The criminal defense attorneys at America’s Criminal Defense Group know how to deal with investigators and US Attorneys in successfully resolving the most daunting of criminal charges. http://www.americascriminaldefense.com/html/computer-sex-child-porn.html