LAPD Chief Proposes Eliminating Homeless Person’s Bench Warrants

New LAPD Chief Michael Moore is considering a plan that would allow thousands of homeless peoples to get rid of their old bench warrants as part of a larger effort to reform a system that, in all honesty, is broken.

Getting rid of all of these old bench warrants on homeless persons would help end a vicious cycle that starts with homeless persons not able to, let’s say, pay a fine.  Then a bench warrant is issued when they don’t show up to court to pay the fine.  Then, ultimately, they come into contact with law enforcement and are arrested on their outstanding warrant for failure to pay a fine.  That means they go into custody (jail). get brought into the court, still can’t pay the fine, and are usually released right then and there since the underlying crime or violation is not serious at all.

This cycle explained above costs thousands and thousands of taxpayer dollars.  It will also ease the pressure on the court system, jails, and police stations which are overwhelmed with the hundreds of daily arrests for old warrants.

Many of the original crimes homeless persons are cited for are “quality of life” crimes – sleeping on sidewalk, public urination, low-level drug possession.  These are usually simple fines, but can add up after court costs are imposed and become more of a problem once they go into warrant status.

Criminal bench warrants can be an issue for you if you haven’t shown up for court or have failed to return to court to show progress or completion of a court-ordered program.  Typically, people are placed on probation following a conviction and, usually, must complete some type of obligation(s) to the court.  This can range from something as minimal as pay a fine up to regular court appearances to show progress in a domestic violence program, alcohol program, and current restitution payments.  If you fail to show up to one of those appearances, you are looking at, potentially, increased punishment for the probation violation, which can be greater than what you originally were obligated to do.

Furthermore, there is always the chance the judge wants to set bail if you have failed to show up for court or it has been a long time since your warrant was issued.  A good criminal defense attorney can discuss with you ways in which to potentially avoid any bail and strategies to minimize any probation violation before even walking into court.

If you or someone you know has a bench warrant in Los Angeles countyOrange countySan Bernardino county or Ventura countycontact attorney Ross Erlich as soon as you can.  Judges are happier when the least amount of time has elapsed since the warrant has been issued.

Attorney Ross Erlich handles all criminal bench warrants, including those for battery, dui, drug possession, petty theft, hit-and-run, assault, suspended license and domestic violence.

Los Angeles Sheriff’s Deputy Faked Evidence. How Do You Protect Yourself From That?

A Los Angeles County Sheriff’s deputy has been shown to have faked evidence and this was kept secret from the public and suspects in his cases for years.

In 2003, deputy Jose Ovalle was working his shift at a county jail.  While on shift, a fight broke out between gang members at the jail, resulting in one person getting stabbed multiple times.  Deputy Ovalle was responsible for collecting the evidence in this assault case and, when he realized he could not find the bloody shirt from one of the suspects, he took a clean shirt, spilled taco sauce on it to look like blood, and photographed it for evidence.  Ultimately someone observed him doing this, reported it to the supervisor, and deputy Ovalle was handed a 30-day suspension, only having to serve 10 days of that.

Ovalle’s past has been kept a secret from prosecutors, judges and, jurors and defendants for the past several years, even though he was a witness, or even the arresting officer, in many of these cases.  Deputy Ovalle took the witness stand in 31 cases before the Los Angeles District Attorney’s office found out about his prior misconduct.  This created problems since the DA’s office then had to go back to all of the cases deputy Ovalle was involved in and make “sweetheart” deals or drop criminal charges altogether.

This story, sadly, is not uncommon.  Police misconduct is routinely kept hidden by California’s police privacy laws.  Even though the U.S. Supreme Court requires prosecutors to inform criminal defendants, and their lawyers, about an officer’s wrongdoing, the state’s laws prevent the prosecution from directly accessing the personnel files of officers.  Thus, California places the burden on defendants and their attorneys to prove to a judge that an officer’s record is relevant.  In other words, the burden is on us, the defense, to prove that a police officer’s record needs to be looked into.  It is not something that is disclosed to us automatically, or even after we conduct a hearing.

Additionally, there is a secret list of Sheriff “problem” deputies that have been involved in misconduct that is kept by the Los Angeles County Sheriff’s Department.  The new Sheriff, Jim McDonnell, wanted to disclose this list (containing approximately 300 deputies) to prosecutors, but the police union sued in court to stop this.  The California state Supreme Court will be deciding soon whether the Sheriff’s Department, and other law enforcement agencies, can tell prosecutors if a police witness has a record of serious discipline.

Some people somewhat jokingly ask me, “how do you sleep at night?”, referring to my work defending people charged with committing crimes, sometimes very serious ones.  Well, this article summarizes my usual answer to them.  A criminal defense attorney’s number 1 job is to zealously advocate on behalf of their client to the best of their ability.  This means leaving no stone unturned, fighting for their client as if it is themselves and making sure the government is doing their job correctly and playing by the rules.

When it comes to getting facts straight, the one thing attorney Ross Erlich does with each of his clients is to sit down and go over the police report and arrest narrative to make sure what the officer is saying is correct and/or totally accurate.  Oftentimes there are small discrepancies which we need to address with the prosecutor.  Other times there is a need to file a motion with the court informing the judge we believe there may be some misconduct on behalf of the officer(s) involved and request disclosure of any misconduct on the officer’s personnel record.

If you have been arrested or charged with a crime, it is essential that you hire an attorney who will do these things on your behalf.  If you read more about the story above, you’ll find that hundreds of defendants whose case started with Deputy Ovalle plead guilty and many might not have even thought to ask about his misconduct.  Contact attorney Ross Erlich today for a free consultation and to find out what other tools we have at our disposal to ensure your case is handled correctly.