Articles Tagged with criminal

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Only one day after the deadly Sandy Hook Elementary school shooting that took the lives of 20 children and six teachers in Newtown, Connecticut, Marcos Gurrola allegedly took out a .40-caliber Glock handgun in a crowded Orange County mall parking lot and fired 54 rounds toward the Macy’s building. He stopped shooting and surrendered when two Newport Beach police officers on bicycles arrived. Gurrola was in possession of six magazines for his handgun, with even more in his car.

He was charged with 54 felony counts of firing a weapon at an inhabited dwelling, 2 counts of assault, plus two firearm enhancements. The reasons for Gurrola’s actions are inconclusive. He reportedly claimed that when he fired his gun, it made him feel better. Police said in 2012 that Gurrola told a detective he fired his gun because he was angry, but was not aiming at anybody.

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With tax day coming tomorrow, it’s tempting to make a few tweaks to reduce the amount of tax you owe to the federal government. But allow yourself to get carried away and you may find yourself in federal prison on tax evasion charges. The former city of Bell chief administrator was convicted of allegedly falsifying losses on his taxes, but that’s only half the story.

As the city administrator, he reportedly misappropriated taxpayer funds to pay himself a salary far in excess of what he should have received, and then claimed more than $770,000 in non-existent losses to the IRS to inflate his take-home pay up to $1.18 million per year.

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When a man applied for a job selling life insurance, his potential employer pointed out a blemish on his background check that indicated he had an outstanding tax lien. Without missing a beat, the man replied that it had been taken care of and he would send proof. Shortly thereafter, a faxed letter was sent to the company indicating that the tax lien’s “amounts in question have been satisfied completely.” It concluded with, “there are no outstanding fees or penalties due, and your record has been cleared of any restrictions or liens.” The letter was signed in the name of a US District Judge.

The company was suspicious and sent the letter to Alicemarie H. Stotler, the judge indicated on his letter. The judge reviewed the letter and saw her forged signature on it. Surprisingly, the judge knew the man, since she once sentenced him to prison for filing a false tax refund claim. She reported the crime and FBI agents who later confronted and arrested the man, who “was cooperative and made a full confession.”

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When a judge orders you not to drive, it’s a good idea to not immediately get behind the wheel as you’re leaving court.

At Harbor Justice Center in Newport Beach, individuals charged with driving-related crimes such as DUI were brought before a judge who notified them that their licenses had been suspended. As such, they were no longer permitted to drive. As they were leaving, deputies followed them out of the courtroom to find out how they were getting home.

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The Orange County Sheriff’s Department is warning residents of Orange County to plan ahead for festivities tonight 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.

Sheriff Sandra Hutchens recommends planning ahead to get a safe ride home at the end of the night. Such plans can include designating a sober driver, using 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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If there is one thing that being an Orange County criminal defense attorney has taught me it is that good people do bad things. And all people have reasons for doing what they do. When a loved one has come into contact with the criminal justice system, it is the role of his criminal defense attorney to make the prosecutor and/or judge understand why. Few actions can be accurately summarized by knee-jerk or one-word responses such as “greed,” “anger” or “lust.” Like the fictional Valjean in Victor Hugo’s Les Miserables who stole a loaf of bread for his starving sister, many have motives that most would find sympathetic. It is the criminal defense lawyer’s job to find out what, in particular, was going on in a defendant’s life when an incident occurred.

Was he subject to unusual pressures?

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With the holidays approaching, more shoppers will come out in force to pick up a holiday gift for their loved ones. Understandably, retailers will be keeping a closer eye on their products to ensure that the shoppers don’t become shoplifters.

Shoppers can unwittingly become victims of the criminal justice system, even if they’re not shoplifters. High-end retailers have been under recent scrutiny for acts of discrimination against potential buyers, in one circumstance even telling a black woman that she would not be able to afford the item she was looking at, before the clerk realized she was Oprah Winfrey.

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What to do when Social Services has been called—

You and your husband were arguing the other night. Neighbors called the police. The police told you that they had to arrest one of you and he chose you. You’ve bailed out of jail, you’ve contacted an experienced Orange County domestic violence or criminal defense attorney,  you are prepared for court and then you come home and there it is out of left field- a business card left on your door from the Department of Child and Family Services with a note that you must call a social worker. You call as instructed and are told that “your social worker” needs to investigate “your case.”

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Orange County may soon create a registry-style website for dangerous dogs. If the measure is approved by the Orange County board of supervisors there would be a few new definitions for “dangerous” or vicious” in regards to your pet.  What are the ripple effects?  You can expect higher home insurance premiums in some areas, home prices potentially affected, and less foot traffic in certain areas to business.  The recent proposal for a website that shows you the location of these dangerous animals is most likely in response to recent attacks in other counties in Southern California that resulted in bodily injury and in one Antelope Valley case death.

What does this mean for criminal law? If you have a vicious or dangerous dog and this website comes into existence, your neighborhood, depending on volume of “dangerous” or “vicious” dogs, could become a target by law enforcement.  A person having mere custody of such a dog may make them liable regardless of ownership.  If you have a guard dog or a breed that is prone to aggressiveness, you may want to consider that a photo of the dog and your address will be published to the public at large. Vigilantes have been known to occasionally target sex offenders based on the published sex offender registry, so the safety of your dog, your home, and potentially even you and your family could be at risk if the information is published in a similar dangerous dog registry.

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In an earlier post, I detailed an example of a lawyer who got herself into some trouble in an incident involving alcohol, police, and a whole bunch of negative publicity. That fiasco was the result of a series of poor decisions regarding her personal life that unfortunately affected her professional career. But certainly any attorney—or even a judge, for that matter—would never allow a lapse of professional conduct in the courtroom to jeopardize his or her career, right?

Prosecutors, district attorneys, and judges like to be viewed as “tough on crime.” In the case of judges, that’s how many of them get elected to their positions. Although many are objective, fair, and just in their rulings, there are some who secretly challenge the “innocent until proven guilty” paradigm of criminal proceedings. An unfortunate few officials have convinced themselves that anyone who stands before their bench must somehow be guilty; the question is, “how guilty?”

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