Articles Posted in Arrest

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In nearly twenty years of practice as an Orange County criminal defense attorney, I have seen the following too many times to recall:

He has been served with a temporary restraining order and wants to fight it. The says there’s no reason for it. They simply had a breakup and he said some mean things. There was no violence, no harassment and no threats. Imposition of the restraining order can have consequences- he could lose his job and his ex-wife could use the restraining order against him if she ever decides to take him back to court to get more child support. Shortly before the restraining order hearing he calls and says his ex-girlfriend wants to “drop” the restraining order. I ask how he knows this and he says “she called me”.

He should never have taken that call. Unless there is some specifically carved out exception such as “the parties may have electronic communication solely for the purposes of discussing continuing financial obligations,” a restraining order prohibits contact for ALL  purposes.

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As an Orange County criminal defense lawyer who has handled thousands of domestic violence or spousal abuse cases, I get calls daily from people who were arrested or whose significant other was arrested because neighbors heard them fighting and called the police. You do not have to be married to be charged with “spousal abuse”—it applies if you were ever in a dating relationship with the other party.

In Orange County most domestic violence or spousal abuse arrests are unwanted by either party. The concept of “pressing charges” is a myth. One does not get arrested or prosecuted based on whether the other party decides to “press charges”. What this means is that your desire that your partner NOT be arrested is largely irrelevant. In most cases the police will make an arrest if they:

  1. See any injury or
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Mel Gibson is a well-known local hothead. It came as no surprise to Southern California or Orange County residents then when officials in Sydney, Australia said they were investigating him for criminal assault or battery on a member of the paparazzi. Worse, that member was a woman, who claimed that he shoved her in the back and spit on her. Police claim they did a thorough investigation, which included talking with witnesses and reviewing security camera footage, but have ultimately decided not to file criminal charges, much to the anger of the alleged victim.

Assault and battery can be serious charges. As an Orange County criminal attorney I defend innocent people of accusations of assault and battery weekly. But most people are not subject to the careful scrutiny that Mel Gibson received before charges are filed. Unfortunately, assault and battery charges are often filed on nothing more than a simple verbal allegation, such as “he punched me.”

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The Orange County Sheriff’s Department is warning residents of Orange County to plan ahead for Labor Day festivities that involve alcohol. The agency will be deploying multiple DUI checkpoints throughout the area with the intention of arresting anybody who is driving a vehicle who is under the influence of alcohol.

Officials recommend planning ahead to get a safe ride home at the end of the night. Such plans can include designating a sober driver, using Uber or a taxi service, or calling a sober friend or family member to give you a ride home. They also recommend taking car keys away from any individual who appears to be intoxicated so they are unable to drive.

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IV DripA West Virginia woman was recently sentenced to 6 years in prison for placing fecal matter in her son’s IV drip.

Having been born with Hirschsprung’s disease, the 9 year old boy was being treated at Cincinnati Children’s Hospital Medical Center in Ohio. Hirschsprung’s disease affects the bowels and requires many surgeries, and in this case the use of a colostomy bag.

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A 14 year old girl was arrested in South Carolina for sexual abuse involving a 3 year old.

According to the Orangeburg County Sheriff’s Department , the girl was arrested after posting a video allegedly showing sexual abuse of the 3 year old. Multiple calls to the police department alerted authorities to the Facebook post which led to her arrest.

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joshduggarJosh Duggar, originally from the reality TV show “19 Kids and Counting” yesterday reportedly confessed to molesting five underage girls, including some of his own sisters in a widely-publicized confession. The incidents are said to have taken place in 2002 when he was 14 years old. The police report detailing these incidents has been made public. Discretion is advised, as some of the descriptions are graphic. He has since resigned his position at the Family Research Council, an organization devoted to “protecting children and families.”

Jim Bob, Josh’s father, allegedly knew about the incidents but waited over a year to report the incident to an Arkansas State Trooper, who was a family friend. The trooper is said to have given Josh a stern reprimand, but no criminal action was taken at that time. The trooper would later be convicted of child pornography charges and is currently serving a 56-year term in prison.

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After being pulled over for expired tags, a 33 year old Florida woman was accused of drunk driving when police smelled whiskey on her breath.

When police pulled the woman over for having expired tags, they weren’t expecting what they found. There were 3 young children in the backseat, improperly restrained, and the driver was breast feeding a two month old baby. In addition, there was a full can of gasoline on the front passenger seat.

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A Fresno, CA man is accused of severely beating his wife after she continually posted selfies on Instagram, an online mobile photo-sharing, video-sharing and social networking service.

After her husband allegedly beat and threatened to kill her, the victim ran off with their 5 and 7 year old children and called the police. The man reportedly ran off with their 2 year old child. The victim of domestic violence appeared to have been choked and punched, as she suffered injury to her eyes, neck, arms and legs.

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The owner of a bar is defending the presence of a 2-way mirror in the women’s restroom of his Illinois establishment. According to the owner, the mirror is part of a “fun house gag” and is not a crime.

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