Los Angeles Criminal Defense Attorney Blog

Over the last eight months, three current or former members of the Irwindale city council, along with its former finance director, have been indicted by grand juries on suspicion of white collar crimes involving allegedly improper use of city funds for travel expenses. Among other charges, the four were indicted for embezzlement -- and the criminal defense attorney for Councilman Manuel Garcia says that prosecutors illegally obtained that indictment by withholding key evidence that proves his innocence.

"Mr. Garcia is completely innocent of this charge," the attorney told reporters on Friday. "All he has done over the years is serve his community in a very honest and forthright manner."

University of California-San Diego Daniel Chong has not been charged with any crime. He was arrested during an April 21 drug raid by the federal Drug Enforcement Agency on a party in San Diego, where federal agents claim to have found marijuana, Ecstasy, hallucinogenic mushrooms and prescription drugs, along with three guns and some ammunition. Chong was rounded up with eight others and taken to a holding cell in a San Diego County jail.

He was left there for five days without human contact, food or water. By the third day, he was hallucinating and was forced to drink his own urine to survive. He screamed for help the whole time, sometimes hearing agents outside his cell, but no one helped him. Once jail employees "found" him, he was near death and had to spend three days in intensive care.

No one -- not the most hardened criminal -- deserves to be treated this way. Beyond the basics of what we consider a criminal defendant's rights in the criminal justice system, whenever any law enforcement agency takes someone into custody, that agency takes on legal responsibility to ensure the health and welfare of that person.

So was the cruel, nearly fatal negligence practiced against Chong by the DEA an isolated incident, or evidence of a systemic problem?

May Day protests spark massive arrests state-wide, but in Los Angeles and the surrounding communities, much of the organized demonstrations went off peacefully.  A number of protestors were taken into custody for civil disobedience intentionally near LAX this afternoon, but near downtown at least one protested was arrested for striking a LAPD officer with a a skateboard. 

The purpose of the protesting is to gain awareness and support for a number of causes that protestors feel are being ignored by politicians and are little known or understood by the general public.

While no serious disturbances took place, the city of Los Angeles and local law enforcement were prepared for major uprisings, citing an awareness for the massive riots that took place 20 years ago today.  One of the protest marches that was staged today, began it's path at Florence and Normandy, a flashpoint for the 1992 riots.

During demonstrations like today's as well as the occupy movements, both fringe attendees who are not in line with the peaceful intentions of the demonstrations as well as peaceful demonstrators often get caught up in violence like assaulting a police officer or resisting arrest, and these types of conflicts are often sparked by destruction of public or private property (vandalism), or graffiti.

You have a right to peaceful demonstration and assembly, but there are limits on what has been determined to be a reasonable interpretation of the constitution.  Stretching that interpretation will often result in arrests.  A classic example of this, that is often mis-cited by overly eager demonstrators is the idea that the freedom of speech will protect your right to cry "fire" in a crowded theatre.  This is not the case of course and the resulting stampede may cost life and limb which you would and should be held responsible for.  on the other side of the spectrum however, freedom of speech must be enforced and those exercing that right today in a peaceful way are to be commended.

Of course, those who found themselves caught up in a negative interaction with law enforcement, for example, resisting arrest, may need assistance in exercising their constitutional right to counsel.

Ana C. has cerebral palsy, which largely confines her to a motorized cart. She's not asking for a handout. She and her husband apparently had no problem paying the mortgage on their South Gate house -- until she got breast cancer and her husband had to miss work to take care of her. Then, they missed a couple of payments. They sought a loan modification from Wells Fargo, but the bank refused. She is now facing eviction.

Ana is only one of thousands of people who believe their foreclosures are the result of injustice by banks, including Wells Fargo. In fact, on April 26 about 100 protesters picketed before the San Marino residence of Wells Fargo's CFO, all for the ostensible purpose of allowing Ana C. to make her payment in person. She knocked on the executive's door and demanded to speak with him. Now she has been arrested for a species of trespass -- violating a San Marino City Ordinance prohibiting residential picketing.