Articles Tagged with criminal

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A Miami doctor, Armando Angulo was charged in federal court with selling prescription medicines online to Medicaid patients for over six years, costing the Medicaid program over $6.5 million in lost revenue. Authorities claim the unregulated sale of prescription medications online led to addiction and health risks for those using these drugs as well.

Angulo’s medical license was suspended during the criminal investigation, which turned out to be one of the largest in US history. The DEA amassed over two Terabytes of evidence against Angulo in its federal criminal case, which is equivalent to 625,000 copies of the novel “War and Peace.” Although a hard drive capable of storing all of this evidence can be purchased by the average consumer at a cost of only about $100, the DEA is dropping all charges against Angulo, citing excessive costs of maintaining this data on government servers.

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When you think of felony assault and battery charges, you probably envision murderous weapons like guns and knives, not french fries. The California Penal Code defines assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on [another] person.” Battery is similarly defined as “any willful and unlawful use of force or violence upon [another] person.”

Are french fries capable of inflicting a “violent injury?” When James Hackett and his wife began arguing after purchasing a meal at McDonald’s, his 11-year old stepdaughter attempted to stop their arguing. This angered Hackett, who allegedly then grabbed the container of french fries and threw them at her; they hit her in the face and chest.

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Police in Boulder, CO received a call about a man passed out in front of his car. When they investigated, medics were already tending to him, describing him as “drunk as crap.” The man was George Boedecker, the founder of Crocs footwear.

After telling police officers that he had pulled over to take a nap, he allegedly changed his story to say that his girlfriend was driving the vehicle. Since there was no woman present, officers questioned the identity of the female. Boedecker said she was a “really f—–g famous singer” and asked if they had ever heard of Taylor Swift.

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Miguel Alexander Vargas, 28, on trial in Orange County for the most severe form of domestic violence or spousal abuse charges for murdering his common-law wife, was recently tackled by courtroom deputies at the Central Justice Center in Santa Ana after the judge denied a motion to allow him to represent himself.  He was then ordered removed from the courtroom by the presiding Orange County judge and yelled “I’m not f—— going!”

Vargas has already had two similar outbursts: earlier in the day, he was forcibly removed from court after ranting to the jury to the jury pool “this case is fake- the victim is still alive” and ignoring orders from the judge to remain quiet. In May, Vargas was subdued in the holding cell when he refused to cooperate, calling the judge a “f——– idiot.”

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If a female teacher has had sex with a former student when that student became an adult, should a jury know about it if she’s on trial for having sex with a minor student? Carlie Rose Attebury of Orange County, was recently found guilty of sex crimes involving a minor. During her trial, the prosecution introduced evidence that she had also had sex with three adult alumni of the school, shortly after they graduated.

Attebury, 32, was sentenced to 16 months in prison and forced to register as a sex offender. Her criminal defense attorney appealed the decision to the 4th District Court of Appeal. The justices ruled that the testimony by the three alumni was too prejudicial and should not have been told to the jury. They held that evidence suggested that she schemed or planned to have sex with minors, even though the students were legal adults. Because that suggestion was likely to have prejudiced the jury and may have contributed to her conviction, the appellate court overturned her convictions.

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You’ve seen the ads: A loud crash, an ambulance, a slick lawyer asking you to call him and promising that if he loses, you pay NOTHING! If he wins, the attorney collects a percentage (between a third and half) of the award. This is called a “contingency fee” and while all criminal defense attorneys would like to assure victories for their clients, the California State Bar prohibits criminal defense lawyers or criminal law attorneys from taking any criminal matter on a contingency basis.

Historically, contingency arrangements developed so that the poor could sue over damages to their person or property. Proponents argued that this type of system encouraged attorneys to work as hard as possible to win. Critics responded that only litigants with a good chance of winning would be able to obtain representation, unless the attorney was otherwise compensated.

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In Orange County (and all of California), crime victims with damaged or destroyed property are entitled to restitution. Criminal restitution requires that the defendant in a criminal case pay for the victim’s damages- he must replace or repair damaged property, pay for counseling, if necessary, and pay direct damages like medical bills that resulted from the criminal act.

Patricia Short-Lyster is one such victim. Around 2008, she bought a 1975 Dodge Adventurer pickup truck. Her father, a former auto mechanic, encouraged her to buy it because it was in excellent condition. In 2009, Leroy Stanley vandalized Short-Lyster’s truck so badly that the driver’s side door of the vehicle could no longer be opened. Stanley was arrested and pled “no contest” to the charges. (Pleading “no contest” allows a defendant to avoid having the conviction used against him in a subsequent civil trial).

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In 2009, an elderly woman got nervous and dialed 911 when a woman outside her home repeatedly rang her doorbell. She did not recognize the person at the door and did not open it. The woman, Marcelina Diaz, eventually left, but soon returned with a large bag . Inside the bag were latex gloves. This time, Diaz climbed a wall into the back yard. She pried open a screen door, only to find the sliding glass door locked. She was caught looking for another entry when the police arrived.

Diaz gave officers a fake name and birthday. Officers found the bag and gloves in the backyard. Besides being charged with felony residential burglary and making a false representation to a police officer, Diaz was charged with possession of burglary tools, a misdemeanor.

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Boyd Twin, a resident of South Dakota, was arrested and charged for assault with a dangerous weapon. The victim of the assault was his companion, also the mother of his children. The crime took place in front of the children, all of whom were under the age of nine years old. Twin told his companion to “choose which child he should kill first.” The children later needed counseling.

Twin pled guilty to the crime of assault with a dangerous weapon. At his sentencing hearing, Judge Charles Kornmann sentenced Twin to 78 months in prison, plus three years’ supervised release. Then Twin smiled.

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You have two prior strike felony convictions. That means that any felony you’re convicted of in the future, risks a prison sentence of 25 to life. You’re driving down a road in Santa Ana and you see a police officer’s patrol car stopped at a red light. What do you do? Slow way down? Take a quick right? Prosecutors say David Araujo Reyes of Santa Ana inexplicably gunned the car and ran right into it, injuring the officer inside. He then got out and surrendered.

Aggravated assault, or assault with a deadly weapon, is a type of assault that can cause great injury to another person. These kinds of criminal offenses are known in Orange County as “wobblers.” A prosecutor can file an assault or aggravated assault charge as either a misdemeanor or a felony, depending on the circumstances of the crime.

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