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

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.

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

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.

“Shaggy Bandit” still on the loose

A robbery suspect, nicknamed “shaggy bandit,” displayed a firearm at a clerk at a Game Stop location in Woodland Hills and made out with over $1,000 in video games and cash.  He is also suspected of robbing a post office in the West Valley.

According to police, the bandit browsed store merchandise for a while and then approached the clerk with his gun drawn.  After the cash and merchandise is handed over, the bandit escapes in a silver Kia hatchback.

What the shaggy bandit may not realize is that he has some serious problems if he is caught.  Armed robbery is a very serious crime in California and something that prosecutors take very seriously.

Technically speaking, armed robbery is the taking of personal property from someone else’s person or immediate presence, against the victim’s will, through the use of force or fear.  Armed robbery is considered first-degree robbery in California and carries a punishment of anywhere between 3-6 years in state prison, formal probation and a fine of up to $10,000.  Keep in mind there is a special allegation for use of a firearm during a robbery that adds 10 years state prison to your potential sentence.  This is also a “strike” offense under California’s “three strikes law.”

Just because you are charged with robbery doesn’t make you guilty.  You are entitled to, and should have, an effective and vigorous criminal defense attorney fighting for your rights.  The police report and victim’s statement is only one side of the story.  If you have been charged with robbery or burglary and are have questions about your case and possible defenses, contact attorney Ross Erlich at (323) 222-4529 and get a free consultation.  You have rights, learn what they are!

Attorney Ross Erlich handles all misdemeanor and felony charges throughout California and in the CCB  (Clara Shortridge Foltz court), Van Nuys Courthouse, Pasadena Courthouse, Airport Courthouse, Compton Courthouse, and San Fernando Courthouse.

Dine And Dash Hit-And-Run Suspects Formally Charged

Formal charges were filed on Tuesday against four people accused of leaving a restaurant without paying their bill and subsequently running over the waitress who came out to confront them as they fled.  Charges include felony aggravated assault, felony hit-and-run with injury and misdemeanor defrauding an innkeeper.

The four suspects left the restaurant in Anaheim without paying their bill which prompted the young female server to follow them out to the parking lot to confront them.  As the suspects drove away, the waitress was struck by the car and knocked down, suffering only minor to moderate injuries.

Felony hit-and-run with injury is a serious crime in California and something that prosecutors take very seriously.  As you may know from the increased coverage of, and stricter laws regarding, hit-and-runs, they have become somewhat of an epidemic in Southern California.  Felony hit-and-run is punishable by either 16 months, 2 years or 3 years in state prison.  If someone dies or is seriously injured, that range jumps to between 2 to 4 years.

But wait, there’s more!  There may also be a license suspension from the DMV and/or 2 points added to your driving record as a result of this incident.  This is a completely separate proceeding from the criminal charges and should be something your attorney handles and takes into consideration when resolving your case.

If you have been involved in a hit-and-run in Los Angeles, read more about the nuts and bolts here.  Remember to always contact your attorney prior to speaking to law enforcement, even if you think you might have been justified in leaving, you might make incriminating statements that can be used against you later on.

Attorney Ross Erlich handles all aspects of both misdemeanor and felony hit-and-run charges in Los Angeles, Hollywood, West Hollywood, Beverly Hills, Santa Monica, Burbank and Pasadena.  If you were involved in a hit-and-run, contact our office immediately and let us be the ones to answer the cops’ questions, not you.

6 Arrested In LAX Luggage Theft

Six people have been arrested and several others detained after police officers served search warrants in a months-long investigation into baggage theft at LAX.

The property thefts were linked to a group of individuals, all of whom are current or former employees of companies contracted by airlines for baggage services.  Law enforcement says the investigation began after a string of reports regarding luggage thefts from terminals, runways and planes.  The investigation ultimately involved officers going undercover among the baggage handlers.

The investigation is still ongoing and more arrests are expected to be made.  Law enforcement says that the process now begins of linking the thefts and items to dates and personnel working on those dates.  Jewelry, electronics, clothing and other personal items were among the items stolen.  Many of the arrests were for receiving stolen property and other theft-related offenses and these suspects will be appearing at the Airport Court.

If you have been arrested or given a citation for receiving stolen property, theft, petty theft, burglary or commercial burglary in Los Angeles, it is important not to just “wait to see what happens” with your case.  Theft offenses can often times be resolved beneficially by taking initiative and compensating victims for their loss and any out-of-pocket expenses associated with the theft.  A civil compromise is a valuable resource for attorney Ross Erlich to use as a means to prevent any moral turpitude criminal conviction from appearing on your record.  A civil compromise will permanently suspend criminal proceedings if the compromise is agreed to by the victim and the judge.

Even if a civil compromise is not attainable, being able to pay the restitution back to the victim can vastly improve your negotiating position for a lesser offense or a dismissal altogether.  Contact attorney Ross Erlich today if you have been arrested for theft or receiving stolen property in Los Angeles, Santa Monica, Beverly Hills, Hollywood, Culver City, Pasadena, Burbank or anywhere throughout Los Angeles County.  Remember, simply “waiting to see what happens” is never the right course of action in a theft-related offense.

Shoplifting Incident Turns Violent

4 teenage boys and girls were arrested in a shoplifting incident at a Ralphs market in Costa Mesa that turned violent on Tuesday.  Police describe the teenagers as being “uncooperative and hostile.”

When the first police officer arrived to the location, he observed a teenage boy and girl fighting with the Ralphs security employee near a cash register.  The police officer separated the girl and put her in handcuffs away from the group.  As he was doing so, the other teenage girl crept up behind the officer and attempted to take his gun out of his holster.

Just by chance, an off-duty sheriff’s deputy happened to be shopping in the store and assisted the police officer by restraining this second teenage girl.  Another male suspect punched the police officer in the face and then the whole thing turned into a wrestling match.  Eventually the police officer’s won and everyone was arrested.

All of the melee was caused when the teenagers allegedly tried to steal liquor from the market.

What started off as simple petty theft charges now leave these teens facing assault and battery on a police officer and resisting arrest charges, in addition to the petty theft.

Do not make the same mistake these teens did and try to either resist arrest or make any statements to security personnel or law enforcement.  Many times people believe they can “talk their way out of it” and we are still waiting to see an instance when that has worked.  In addition, any statements that you make when trying to talk your way out of an arrest can, and will, be used against you during your court case.

Petty theft charges are charges that can manageable.  Oftentimes, depending on whether or not there are prior convictions, attorney Ross Erlich can get the charges reduced, dropped or dismissed after a civil compromise.  There also might be the option of a deferred sentence whereby a plea is taken, the defendant takes and completes some theft classes, and comes back to get the charges dismissed.

Remember, petty theft is a misdemeanor here in Los Angeles and is punishable by a maximum of up to 6 months in jail, a $1,000 fine or both.

If you or someone you know has been arrested for petty theft in Los Angeles, Santa Monica, Beverly Hills, Hollywood, or anywhere within Los Angeles County, contact attorney Ross Erlich 24/7 for a free case consultation.

LAPD Arrests 7 In Glendale Identity Theft Ring

LAPD arrested 7 people after hitting 9 locations as part of an identity theft ring that operated out of houses and apartments in Los Angeles and Glendale.

Glendale Police pulled over one of the suspects on a traffic violation and learned that the LAPD, LA County Sheriff’s, the Secret Service and the Attorney General’s Office were looking into these people.  Law enforcement seized devices used to scam credit card information from gas pumps, computers used to download this information, credit card machines, blank plastic credit cards and even a 100 gallon tank hidden in a truck used to steal gas.

Police say these suspects have guns and likely have gang ties, but made no specific confirmation on that.

Identity theft in Los Angeles is a serious crime and something that the District Attorney’s Office prosecute’s aggressively.  Identity theft is typically charged as a felony in Los Angeles and, as seen from this article, can draw the attention of the Federal government.  It is also a crime of moral turpitude which, if convicted of, may have a severe negative impact on your criminal record and finding a job.

Identity theft is something that, depending on someone’s prior criminal history, can be resolved by an experienced attorney without any jail time whatsoever.  Civil compromises, probation and restitution of any out of pocket losses by the victim’s are priorities of the prosecutors and judges and something that can often be reached through a plea bargain.

If you have been arrested for theft, identity theft, grand theft, burglary or petty theft, contact Ross Erlich now for a free consultation and to discuss what your options are.  Ross Erlich has experience in getting no jail time for people charged with theft of thousands of dollars and charged with multiple felonies.

L.A. County Probation Officer Accused Of Shoplifting With Teen Children

A veteran Los Angeles County Probation Department officer, assigned specifically to aid the rehab of juvenile offenders, was arrested on May 25 on suspicion of shoplifting and contributing to the delinquency of her own children.  She has also been placed on unpaid leave from the Probation Department.

Ruth Marzan, who has over 20 years working for the Probation Department, was arrested at a Kmart when security personnel allegedly witnessed her shoplift items and coach her two teenage children to shoplift as well.  Marzan allegedly stole two MP3 players, clothes and underwear.

The Los Angeles County Probation Department has been plagued with personnel problems for many years, despite the Department’s efforts to reduced this number.

Getting caught for shoplifting in Los Angeles, Hollywood, Beverly Hills or Santa Monica can be a serious crime.  The severity of the charges usually depend on the total value of the items taken, whether the items were recovered, whether the items were damaged at all and whether or not this was a first offense or if there are issues of probation.  Generally, if the value of item(s) taken was over $950, a felony grand theft charge would follow.  If the value of the items are lower then that, most of the time the charges are either petty theft or misdemeanor commercial burglary.

As mentioned in other blogs and on the website, there are many valuable resources available to resolve theft cases before they become a conviction on your record.  Depending on the facts of your case, a civil compromise or some other form of deferred sentence can keep a conviction off your record so long as you are able to make the victim whole and pay for any loss and out of pocket expenses.

If you have been arrested or cited for shoplifting or theft in Hollywood, North Hollywood, Beverly Hills, Century City, Santa Monica, or any other city in Los Angeles County, contact an attorney before your court date to find out of something can be done before charges are even filed against you!  It might be the smartest call you make.

Happiest Place On Earth?

A middle-aged man who held himself out to be “Stephen Disney”, but who instead was only Stephen Urquidez, was arrested on Wednesday for stealing Disneyland passes in a felony burglary and possession of fake identification case.  Mr. Urquidez allegedly had a fake driver’s license with the name “Stephen Disney” as well as false tax forms showing income from the Walt Disney Corporation.

This who scam was unraveled when Urquidez gave Disneyland passes to a friend to donate for a charity raffle.  The raffle winner then took the passes to Disneyland where they would not work and Los Angeles County Sheriff’s Deputies were contacted and started their investigation.  The investigation ultimately found that Urquidez had allegedly stolen the passes from a store and that he had no affiliation with the Disney family or corporation in any capacity.

Urquidez was subsequently arrested on felony burglary and felony possession of a forged driver’s license charges.

Attorney Ross Erlich handles felony burglary and identity theft charges all over Southern California.  Please see the Practice Areas page of the site for more information.  Because theft charges are considered crimes of moral turpitude, they are charges that should be taken very seriously.  Having a moral turpitude conviction on your criminal record is something that employers tend to frown upon and can make keeping or obtaining a job difficult.  If you have been charged with petty theft, burglary, robbery, identity theft or any other theft crime in Downtown Los Angeles, CCB, Van Nuys, Airport Court, Burbank Court, Hollywood, North Hollywood, Sherman Oaks or the Westside, contact attorney Ross Erlich before it’s too late.

Busted for shoplifting. Now what?

With the economy and unemployment the way it is, there has been an ever increasing amount of shoplifting and petty theft arrests being made in Los Angeles.  If you or someone you know has been arrested or cited for petty theft or shoplifting, it is important to contact criminal defense attorney Ross Erlich before trying to talk your way out of the situation and making things worse.

A theft crime occurs when someone takes something of value from another person without their permission.  Petty theft and shoplifting arrests are usually occur when someone has taken or concealed something of value, usually an item of merchandise from a store, and attempts to leave the premises without paying for that item.  Security guards or “loss prevention agents” usually detain the person attempting to take the merchandise in a back room of the store and, more often then not, attempt to get an incriminating statement out of the suspect.  In fact, some loss prevention agents are even given a bonus when they can either get the person to admit to stealing or having that person pay some kind of “fee” right on the spot.  Additionally, many places of business have security camera footage that may or may not have the incident on videotape.  It is necessary for attorney Ross Erlich to view this footage with you, the client, to see if there really is any evidence of a crime taking place.

A few advantages of having an aggressive criminal defense attorney representing you is that there are many different possible outcomes of a petty theft or shoplifting case.  For example, we might be able to negotiate a “civil compromise” where the client pays full restitution to the victim for their out of pocket expenses in exchange for a the termination of criminal proceedings and an effective dismissal.  Other options include classes or community service in exchange for a dismissal or a reduction in charge to an infraction so there is no misdemeanor on your record.

Keep in mind that petty theft and shoplifting crimes are “priorable”, meaning prosecutors will use prior convictions against you to increase the penalties for subsequent arrests.  Therefore, it is crucial that you make sure your theft case is handled with the experience and aggressiveness it deserves.

If you have been arrest for petty theft or shoplifting in Torrance, Beverly Hills, Los Angeles, the Westside, LAX, Airport court or the Criminal Courts Building, contact attorney Ross Erlich to protect your rights.