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Category: County Jail

“Honey, I finally got you that designer bag you wanted!”

Posted on by Ross Erlich

Just the other day, in our own backyard, law enforcement officials seized over $12.7 million in counterfeit Cialis pills (no comment) and fake designer clothing and shoes.  The bust occurred in the Port of Long Beach and included over 47,0o0 pills and over 10,000 pieces of clothing and shoes.

Now, I know what you might be thinking.  “How in the world is all that fake stuff worth $12.7 million?”  Well, when counterfeit items’ value is calculated, law enforcement uses that manufacturer’s suggested retail price.  So, that fake designer bag you just bought for $75 is “worth” $3,000 when it comes time to charge you criminally for possessing it.  Ooopsy.

Possessing counterfeit goods in California is enforced via Penal Code section 475, aka forgery.  That section states, basically, that anyone who possesses or receives a forged item and intends to pass that item on with the intent to defraud another person is guilty of this crime.  Note that the person possessing or receiving the forged item must know the item is fake and then act with intent to defraud another in order to be guilty.

Forgery is a “wobbler” in California, which means that it can be charged as either a felony or a misdemeanor.  This typically will depend on the value of the items possessed/forged, quantity, person’s criminal history, etc.

So, what does all of this mean other than don’t sell knock-off stuff?  Well, if you are arrested for forgery, as with any crime, it is important not to make any statements to law enforcement without consulting with an attorney first.  It is human nature to want to apologize for wrongdoing or to minimalize wrongful actions, but doing that is an admission of guilty and can be used against you.  For crimes like forgery or possessing some counterfeit goods, there can be a lot said for being able to pay restitution or some other form of making any victim “whole” again, so keep that in mind.

Being charged with a crime is no fun.  Remember that it is important to consult with an attorney as soon as is possible and to treat your criminal charges seriously because the prosecutor is treating them seriously.  “Getting ahead of the charges” is always a good idea – have your attorney call law enforcement, call the DA’s office, try to speak to someone in charge of actually determining what charges, if any, get filed against you.

Call Los Angeles criminal defense attorney Ross Erlich today for a free case consultation and to find out what are some of the things that you can do to put yourself in the best position before court.

Take your kid to (not into the enclosure) the zoo day!

Posted on by Ross Erlich

Many of you have probably heard about the father who took his two-year-old daughter into the elephant enclosure at the San Diego Zoo for a photo opp.  From the video that’s been posted online, you can see the elephant start to approach the two and, when the father is attempting to get out, seems to drop the child and scoop her up just moments before the elephant gets to them.

Turns out that wasn’t the smartest move, for many reasons.  Setting aside the potential for small child/elephant mishaps, the man was promptly arrested for child endangerment and booked on $100,000 bond at the San Diego County jail.  Wonder if he got his picture?

Now, you might ask yourself, seems like a “relatively” minor crime, no?  No one got hurt, there was no ill-intent, no property was damaged or destroyed, shouldn’t this just be a simple issue to resolve?  As many things in the law are, it turns out the answer to that question is “it’s not so simple.”

California punishes “child abuse” and “child endangerment” and “child neglect.”  For purposes of our zoogoer, we’ll be talking about “child endangerment” which is codified in Penal Code 273(a).  Paraphrased for all you non-lawyers out there, that code makes it illegal for someone to willfully exposing a child to unjustifiable pain, suffering or danger, or by subjecting that child to an unreasonable risk of harm, even if the child never actually suffers any harm.  If the conditions are likely to produce great bodily injury or death, that charge is a felony, punishable by up to 2-4-6 years in state prison.  If the conditions are such that there is not likely to be great bodily injury or death, that is a misdemeanor, punishable by no more than 1 year in county jail.

Some examples of how this crime is charged in California include getting arrested for DUI with your child in the car, leaving a child inside a hot car without ventilation, leaving a dangerous weapon where a child can easily access it, failing to get medical treatment for a sick child, and the list goes on.  Chances are, if you have to think about whether the conduct would be considered illegal, it likely will be construed that way.

There are also some additional penalties unique to a conviction for child endangerment that the court has under its discretion.  If probation is granted by the court, the mandatory minimum time of probation (usually 36 months) is increased to 48 months.  There will be a criminal court protective order against the person conviction to protect the victim against any further violence or threats.  The person convicted will have to take, and complete, a 52-week child abuser treatment counseling program and, if any substances or alcohol was used in connection with the incident, the court can order the person convicted to abstain from drugs and/or alcohol and be subject to random testing by the probation department.  These additional penalties are all within the court’s discretion in such that an effective Los Angeles criminal defense attorney can argue and present facts which can prevent these obligations in furtherance of justice.

You might also be thinking, “wait, I never meant for this to happen, why am I being charged with this”?  Well, maybe you shouldn’t be.  Defenses to this conduct include non-intentional “endangerment” conduct, the person was legally disciplining their child, the whole act was a false accusation, someone other than the person being charged was responsible for the child at the time.

This brings us back to our zoogoer.  I would say that most of the general public, and for sure the district attorney’s office who is responsible for enforcing laws and public safety, would argue that taking your child into the elephant enclosure constitutes a situation that could willfully expose that child to unjustifiable pain, suffering or danger, whether or not the child actually suffers.

If you find yourself on the wrong end of an arrest or call from a police officer or detective, it is important to be aware of what you say to them and, hopefully, you don’t say anything until you’ve spoken to your attorney.  Contact Los Angeles criminal defense attorney Ross Erlich today to discuss your case, for free, and see what options you have so you don’t end up in the cage.

Public Intoxication Charges Dropped Against Former LAPD Commander

Posted on by admin

You might recall hearing about an LAPD Commander and an LAPD sergeant who were involved in a traffic incident in Glendale in which the Commander was charged with public intoxication and the sergeant, the driver of the vehicle, being arrested and charged with DUI.  In short, Glendale police came across a vehicle that was stopped for some reason, with the driver, the LAPD sergeant, asleep in the driver’s seat, and the commander taken into custody for public intoxication.

The commander was recorded on cell phone being led out of an unmarked LAPD vehicle by several Glendale Police Department officers.

Court records showed that the Los Angeles District Attorney’s office dismissed the public intoxication charges against the commander this week and have not confirm the reason for the dismissal.  The sergeant has pleaded not guilty to DUI charges stemming from the incident.

There has been much discussion already about getting a DUI in Los Angeles in previous blog posts.  If you or someone you know has been arrested for DUI in Los Angeles, contact Los Angeles criminal defense lawyer Ross Erlich today for a free case consultation.

But what about public intoxication?  Many people seem to believe that if you get arrested for public intoxication, the police simply bring you to the local jail to “sleep it off” and you get released the next day.  Well, that is not quite accurate and you could find yourself being released the next day with a misdemeanor citation to appear at a future court date.

Public intoxication is a violation of California Penal Code section 647(f), which states that any person who is found in any public place under the influence of alcohol or drugs, or any combination, in a condition that he or she is unable to exercise care for his or her own safety or the safety of others, or if being under the influence interferes with or obstructs or prevents the free use of any street, sidewalk or other public way, is guilty of disorderly conduct.

Thus, it is not illegal to be drunk or under the influence in a public place.  It is only illegal if you cannot exercise care for your safety or the safety of others, or, if you interfere or obstruct a street or sidewalk.

Because it is a misdemeanor, the charge is punishable by up to 6 months in jail and/or a $1,000 fine.  Also, the conviction will be recorded on your criminal record and this can create issues for employment and obtaining a professional license with the state of California.

Just because you are charged with public intoxication doesn’t mean that you will be convicted of it.  Depending on your prior criminal record, if any, and what other charges are filed along with the public intoxication, if any, you may be eligible to enter into a diversionary sentence.  This can take the form of a number of different arrangements, including completing a drug treatment program, classes, attending NA or AA classes or some other community service type work in exchange for the charges to be dismissed.

If you or someone you know has been charged with DUI or public intoxication in Los Angeles, Orange county, San Bernardino county or Riverside county, contact Los Angeles criminal defense lawyer Ross Erlich today.

Mental Health In County Jails And California’s Mental Health Diversion Program

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One thing that any criminal defense lawyer in Los Angeles or any other southern California community knows is that the area’s county jails have become the largest mental health provider in each respective county.  You can trace this back some 50 years to the closing of many mental health hospitals, but the fact is, county jail is the de facto treatment center.

In the local southern California counties, the mentally ill inmate population has been on a steady incline over the years.  The percentage of inmate with some identifiable mental health issue is up to 25% in San Bernardino County, 30% in Orange and Los Angeles Counties and up to 45% in Riverside County.

While county jail is not the preferred place to treat the mentally ill, counties are at a loss when it comes to resources and the ability to divert mentally ill persons who may commit crimes, many of those crimes a result of their mental illness.  There have been numerous lawsuits against county jails that arise out of unhealthy conditions, cramped and crowded environments, being kept in isolation, and lack of supervision, therapy and appropriate medication.

As a result of these lawsuits and their settlements, Los Angeles County has given their jail deputies better training for handling and identifying mental health issues and suicidal risks, removed certain suicide hazards from housing areas and have improved the wait time for new at-risk inmates to be screened.

Los Angeles County will also be replacing the old and outdated Men’s Central Jail with a new facility that will be focused on mental health and run by the county health department.

One other option if you or a loved one suffers from a mental illness and has been charged with a crime in Los Angeles County is the county’s (relatively) new mental health diversion program in the courts.  This program has been codified in California Penal code section 1001.36.

This diversion allows judges the discretion to help criminal defendants who suffer from a mental illness to obtain treatment in lieu of the more traditional penalties such as jail or state prison and convictions on their criminal record.

Some key points of this diversion program are that it applies to both misdemeanors and felonies and it can be implemented at any point during the criminal proceedings, until trial.  Additionally, the treatment must meet the accused’s needs, it may be obtained through private or government funds, it must provide the court regular progress reports and it can last no longer than 2 years.  If a person is successful with mental health diversion, their criminal cases will be dismissed and the arrest record will be sealed for most purposes.  It will almost be as if the arrest never took place.

In order to qualify for mental health diversion, all of the following must be met:

  • The defendant must show that they suffer from a mental health disorder
  • The disorder must have played a significant role in the commission of the crime
  • A qualified mental health expert must give the opinion that the defendant would respond to mental health treatment
  • The defendant must consent to the mental health treatment
  • The defendant must agree to comply with treatment as a condition of diversion
  • The court must believe the defendant will not pose an unreasonable risk of danger to public safety

If you or someone you know suffers from a mental illness and has been charged with a crime in Los Angeles County, Orange County, San Bernardino County or Riverside County, contact Los Angeles criminal defense lawyer Ross Erlich today for a free consultation.