Video footage of Hollywood star Mel Gibson's behavior in his cell after his arrest for DUI in 2006 could be shown to a jury if the police officer who arrested him has his way.

Sheriff Deputy James Mee, who happens to be Jewish, was allegedly the target of Gibson's racial slurs after he pulled over the star in Malibu, California. The Sheriff Deputy suspected the star of driving under the influence, and pulled him over. However, soon after, Gibson went on a rant, calling Mee a whole bunch of racial slurs and attacking his faith. Since then, Mee says that he has been subjected to taunts and discrimination in his own department. Mee has since filed a lawsuit against his department, alleging that his superiors discriminated against him based on his Jewish faith.

What does this have to do with Gibson's DUI case? Mee is asking for video footage taken of Gibson after his DUI arrest to be shown to the jury. There is little information released about what exactly the footage contains, but it is believed to include such gems as the actor attempting to climb the bars of his cell, throwing his phone around, and trying to urinate on his cell floor.

The Los Angeles County Sheriff's Department insists that there is no need for the footage to be released, and that all this would do is embarrass Gibson who has since apologized for his anti-Jewish rant.

Any Los Angeles DUI lawyer would agree. This footage has little to do with the officer’s discrimination case against his department. A judge will soon decide whether the video should be shown to a jury. However, any such move is likely to be strongly opposed by the Los Angeles County Sheriff's Department.

Law enforcement officers in Los Angeles County arrested a number of people who had been convicted of sex offenses, after a sweep during Halloween. The persons were arrested because they allegedly decorated their homes for Halloween, in violation of a rule prohibiting them to make their homes inviting for children.

Under the rule, sex offenders who have been released and are on probation are required to keep their front porch lights off on Halloween to discourage trick-or-treating children from knocking on their door. They are also required to draw the blinds, and keep the curtains drawn during the holiday.

The Los Angeles County Probation Department conducted a sweep to find persons convicted of sex crimes, in violation of the rule. Over a four-day period, they arrested at least 5 people who were on probation for sex crimes. The persons arrested included a married couple. A total of 40 probation officers participated in the sweep that included a total of 251 homes. The sweep also found at least 122 probationers who were in compliance with the rule.

Los Angeles criminal defense lawyers find that there’s little that can interfere with a person's ability to integrate into society after release from prison, like being told that he or she cannot celebrate one of the country’s most popular holidays because of a sex crime conviction on their record. Persons with sex crime convictions already have restrictions on where they can live or work. Alienating persons who have been convicted of any kind of sex crime in this manner, does little to keep children safe, and could actually increases recidivism rates. Besides, there is enough evidence to indicate that children may be at a greater risk of sexual abuse or molestation from people within the family or people they know, than from people who have been registered in the sex offender registry.

It isn't every day that Los Angeles criminal defense attorneys come across a sex crime where a prosecutor is the one being charged with the crime. Charges of rape against a prosecutor at a sex crimes unit in San Francisco may have ended with a dismissal, but it has spotlighted an allegedly sexually charged-environment at the unit.

The case involved Contra Costa County Deputy Dist. Atty. Michael Gressett, who was accused by a junior prosecutor at the sex crimes unit of rape. The junior prosecutor told police that Gressett had raped her during a lunch hour. The victim did not deny that she had been in favor of a sexual encounter, nor that they had had sex before, but she was not interested in having the kind of rough sex that he wanted. Gressett did not deny that the two had sex, but claimed that it was consensual.

The case soon began to unravel, however. The District Attorney’s Office released a registered sex offender in return for testimony by his girlfriend, a prostitute, that she had paid sex with Gressett. That testimony was later recanted. Charges against Gressett were ultimately dismissed.

However, court records and documents related to the case paint an unflattering portrait of the San Francisco sex crimes unit to Los Angeles criminal defense lawyers. Prosecutors allegedly prided themselves on being members of an informal sex club that involved plenty of sexual banter and discussion of sexual activities. According to court records, after-work socializing for prosecutors at the crimes unit involved a coed slumber party. The alleged victim in this case was a member of the club, and participated in these activities.

A case in New Jersey involving a woman who created a fake Facebook profile of her ex-boyfriend that resulted in an indictment for identity theft, could determine what happens in similar cases involving online impersonation elsewhere in the country, including California.

The case involves Dana Thornton, who created a fake Facebook profile in the name of her ex-boyfriend, police Detective Michael Lasalandra. The profile (which has since been taken down) included Lasalandra’s personal information as well as a photograph, and Thornton soon began posting in his name.

Not surprisingly to Los Angeles criminal defense attorneys, the posts were not exactly flattering. Thornton made several disparaging remarks on the profile, which contained unflattering references to his Lasalandra’s career and lifestyle. When Lasalandra became aware that someone had set up a fake profile in his name, he lodged a complaint.

Thornton's lawyer claims that Thornton did not commit identity theft by creating a fake profile on Facebook. According to the lawyer, when anything is posted online, it constitutes free speech. He says that there's nothing in New Jersey's laws that specifically targets the creation of a fake profile on a social media network or other electronic device. However, New Jersey prosecutors in the case did not agree.

As identity theft cases go, this is an unusual case. The usual impersonation cases that Los Angeles criminal defense attorneys come across involve people accused of using another person's ID, for the specific purpose of obtaining benefits, usually financial, to himself or herself.

A bill that would have closed down California's death row, and replaced capital punishment with life in prison, has been shelved. A legislative committee has instead agreed to defer the bill to 2012.

The bill, SB 490 was introduced by State Senator Loni Hancock. It is based on analysis that shows that California spends up to $181 million dollars a year on incarceration for death penalty, while very few inmates are actually put to death. In fact, according to the study, the 740 prisoners currently on death row in California are much more likely to die of old age than by execution.

However, the bill did not receive the votes necessary to pass the Assembly Appropriations Committee. The committee has 17 members, and Senator Hancock did not receive the necessary nine votes. Senator Hancock has now agreed to let the bill be converted into a two-year bill.

Supporters of the bill have also been trying to get the bill placed on the ballot. The California Taxpayers for Justice, a coalition of opponents of capital punishment has been trying to get the issue placed on the November 2012 ballot. They have been collecting signatures on a petition, and hope to get the bill passed without going through the legislature. The coalition includes victims, survivors, law enforcement officials and others who are opposed to the death penalty.

Los Angeles criminal defense lawyers are not surprised that the bill has been shelved for the time being. This is a volatile issue, with severely opposing views on both sides. However, it is likely that the bill will have more chance of passing in the near future, as California's fiscal concerns become even more pressing. In the next few years, Californians will have to make tough decisions about the sort of things that they are willing to spend money on - keeping prisoners on death row, versus basic services like healthcare and education.

After all the press this case has gotten, as a sex crimes attorney in Los Angeles, I just had to post a late blog with my two cents.   As many people know throughout Southern California, and the world, Catherine Becker has been accused and arrested for allegedly drugging her estranged husband, tying him up, cutting off his penis with a 10-inch kitchen knife, and dumping it in the garbage disposal. 

In the Central Justice Court in Santa Ana, Orange County, Ms. Becker was arraigned on charges including aggravated mayhem, assault with a deadly weapon, spousal abuse, and torture. 

Of course, as a criminal defense attorney who handles a lot of domestic violence cases all over California, I have to wonder whether rape or infidelity was a possible motive for these allegedly heinous crimes? Especially based on the defendant’s alleged comment to 911 dispatch that “he deserved it,” a criminal defense attorney brain has to play with the possibility that he may have sexually assaulted her to induce her to engage in such violent sexually related  acts towards him. 

Only time will tell whether this woman’s story is one of a sexually abused, victim of domestic violence, or merely a women scorned by cheating and infidelity.  Either way, she has a long criminal court battle to fight which could easily result in a life state prison sentence. 

If you, or a loved one, has been charged with domestic violence, or a sex crime, contact the experienced aggressive defense attorneys at the Law Offices of Karen L. Goldstein for a free, confidential consultation: (888) 445-6313.

A recent poll indicates that Californians are heavily in favor of reducing penalties for drug possession from felonies to misdemeanors.  The poll was conducted by Lake Research Center.

The results of the poll, which were released in April, found that 75% of California voters prefer reducing the penalty for possession of small amount of drugs.  The poll suggests that Californians believe the current penalties for minor drug possession are far too severe.  Besides, 56% of respondents also believe that far many people are imprisoned in California. 

Also, 51% of the respondents believe that people who are found in possession of small amount of drugs should have lower penalties.  Twenty seven percent believe that possessing small amounts of drugs should not be penalized with more than three months in jail, while 24% of the respondents believe that such people should not be punished with jail time at all.

When it comes to categorizing these crimes, voters overwhelmingly believe that possession of small amounts of drugs should be misdemeanors.  Just 12% of California voters in the survey believe that possession of a small amount of drugs should constitute a felony.  Forty percent of respondents believe that possession of a small amount of illegal drugs should be considered an infraction, without prison time as a consequence. 

Currently, under California's laws, persons in possession of heroin or cocaine can spend between 16 months and three years in prison.

The results of the survey seem to cut across boundaries, with strong numbers of Republicans, Democrats and Independents voicing the same opinions.  Much of this opposition to heavy prison terms for small drug offenses is because of financial concerns.  Californians know that putting more people in prison for long periods of time for possession of small amount of drugs not only strains the state’s already stressed resources, but also leads to prison overcrowding.

I admit that as criminal defense attorney in Los Angeles who handles more than her fair share of felony sex crimes cases, I am not the least bit unbiased towards law enforcement.  However, this story just goes to show that despite the fact that people tend to believe police and sheriff are more trustworthy or honest than other types of people, law enforcement is susceptible to committing crimes like any other person and is sometimes not so deserving of the public’s trust.

 Allegedly, former police officer Mr. Arevalos, has been accused of 18 different felony sex crimes involving five different women.  He was arrested on March 11, 2011 after being taperecorded speaking with his latest alleged victim.

Among the accusations, Mr. Arevalos was accused of stopping a motorist believed to be under the influence of alcohol and offering her a “deal”: that he would let her go without arresting her if she would give him her underwear which she apparently agreed to.  He is also alleged to have touched her genitals before taking the underwear.  Other alleged victims have similarly accused him of trading sexual favors in exchange for dismissing misdemeanor and traffic violations.  Mr. Arevalos will state prison time and mandatory sex registration for life, if convicted on some of the charges such as sexual battery and sexual assault.

If, you or a loved one, has been arrested of a sex crime, then call and speak with an experienced sex crimes attorney at the Law Offices of Karen L. Goldstein: 888.445.6313.

Another celeb bites the dust…this time it’s Nicholas Cage, oscar-winning actor, who has been accused, and arrested for domestic violence, disturbing the peace, and public intoxication in the French Quarter of New Orleans.

Allegedly, the incident began around 11:30pm when Nicholas Cage began verbally arguing with his wife in New Orleans.  They were apparently standing in front of a residence arguing and Nicholas cage grabbed her upper arm and pulled her in a different direction.  Cage then allegedly struck numerous parked vehicles and attempted to drive away in a taxi.

The police arrived and believed that Cage was heavily under the influence of alcohol and ordered Cage out of the taxi.

Given the facts released as of today, as a criminal defense attorney who works on many domestic violence cases in southern California, this appears to be a very minor case of domestic violence if the only alleged physical contact was the pulling on an upper arm.  In California, if the injuries alleged are very minor such as bruises, or scratches, then domestic violence incidents will often be charged as a misdemeanor provided that there is no criminal history of abuse between the couple and no other aggravating factors such as the utterance of criminal threats etc.

Either way, this is yet another example of a celebrity behaving badly.  Only time will tell whether this oscar-winning actor will prove that his convincing portrayal of an alcoholic addict in roles such as “Leaving Las Vegas” were truly acting and not reality.

If you, or a loved one has been accused of domestic violence, then call and speak with an experienced criminal defense attorney at the Law Offices of Karen L. Goldstein: (888) 445-6313.

It hardly remains controversial that in southern California registered sex offenders who are released on formal probation or parole have restrictions on how they can live   However, as a criminal defense attorney in Los Angeles who handles a majority of sex crimes cases, it seems like Orange County may have taken this too far.  Tuesday a final vote is being taken on whether registered sex offenders will be banned from all local parks in Orange County.

The proposed new law has already been approved by the Orange County Board of Supervisors and would make it a criminal misdemeanor for a registered sex offender to enter a county park without written permission from the Orange County Sheriff’s Department.

As a sex crimes attorney, this proposed new law seems to violate basic constitutional principles such as freedom to travel and freedom of association.  Furthermore, it is problematic because the law does not differentiate between the truly serious, high-risk sex offenders, who had committed offenses such as child molestation, or rape, and the lower risk ones such as disorderly conduct.  Lastly, there is not a clear nexus between the proposed restriction and its alleged goal of keeping sexual predators away from children.  There are plenty of legitimate reasons for someone to enter a park other than to prey on little children and county parks are public spaces that are to be enjoyed by everyone.  They are not specifically designed for small children.

Lastly, giving Orange County Sheriff the power to grant or deny permission for registered sex offenders to enter county parks potentially will result in a terrible abuse of power.  On a practical note, it will be difficult for Orange County Sheriff to dedicate its resources to enforcing the laws.

If you, or a loved one, has been accused or charged with a sex crime, then call the Law Offices of Karen L. Goldstein for a free, confidential consultation.  (888) 445-6313.