Criminal Defense - Areas of Practice

Theft is the unlawful taking and removing of another's personal property with the intent to permanently deprive him or her of it. Theft charges include larceny, burglary, embezzlement, identity theft and shoplifting. Theft crimes are also divided between “petty theft” and “grant theft” depending on the value of the property taken.  If you are convicted of a theft crime, you may be facing 6 months to 1 year in jail or prison, court fines and probation. A conviction can also be on your record forever, and may impede your ability to get or maintain employment or put your professional license at risk. Los Angeles Theft Crime Attorneys Spiga & Associates can help defend against your theft charges and will also work with your professional licensing board if any repercussions arise.

Theft (Larceny) is defined broadly in California Penal Code §484(a), which provides, in part:

• Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property, or who causes or procures others to report falsely of his or her wealth or mercantile character and by thus imposing upon any person, obtains credit and thereby fraudulently gets or obtains possession of money, or property or obtains the labor or service of another, is guilty of theft.

The statute goes on to say that the value of the property allegedly stolen will be determined by a “reasonable and fair market value.” For services, the contract price is used unless there is none, in which case courts will use the “reasonable and going wage for the service rendered.” In addition, once intent to defraud is established, “any false or fraudulent representation or pretense made shall be treated as continuing, so as to cover any money, property or service received as a result thereof, and the complaint, information or indictment may charge that the crime was committed on any date during the particular period in question.”

Shoplifting/Petty Theft

Petty theft is usually charged when the value of the goods or services is $400 or less.  The punishment for a petty theft conviction can include up to six months imprisonment and up to $1000 in fines.  Special provisions of the penal code allow defendants to substitute community service instead of jail time or fees, but only in limited circumstances. Navigating theft charges can be a challenge, but with the help of a criminal defense lawyer at Spiga & Associates, the repercussions may be significantly less harsh – charges may even be reduced to a mere infraction.

Robbery

Robbery is when the perpetrator uses violence or intimidation to take property from the person of another, or in their presence. (California Penal Code §487(c)). When a dangerous weapon is used or when the robber actually causes physical harm to the victim, the crime elevates to aggravated or armed robbery. If a firearm is used, punishment includes imprisonment in state prison for 16 months, 2, or 3 years. (California Penal Code §489(a).)

Burglary

Burglary is unlawful breaking and entering with the intent to commit a felony.  The law used to require that the crime occur at night and that it be a “dwelling place.”  Modernly, any structure may be burgled and it can be at night or during daylight hours.

Embezzlement

Embezzlement is the fraudulent taking of personal property with which one was entrusted.  In other words, if you let me borrow your necklace, at first I have the right to possess the necklace.  Then, instead of returning it to you, I tell you that it was stolen by a gang of bandits.  I keep the necklace and I am guilty of embezzlement. The difference between embezzlement and regular theft is that the embezzler didn’t decide to steal the property until after he already had it in his lawful possession; the thief had a plan to steal all along.

Grand Theft

Section 487(a) of the Penal Code defines “grand theft” as the taking of property worth more than $400. Section 487(b) also sets out specific acts that will constitute “grand theft,” including theft of domestic vegetables worth more than $250. The code also contains special provisions for special circumstances, such as when the person is accused of stealing from his or her employer or when the item is taken from the victim’s body. Theft of a firearm is categorically considered grand theft.

Grand Theft Auto

Penal Code Section 487(d) makes theft of an automobile “Grand Theft,” which also includes theft of a “horse, mare, gelding, any bovine animal, any caprine animal, mule, jack, jenny, sheep, lamb, hog, sow, boar, gilt, barrow or pig.”

Receiving Stolen Property

Anyone who buys or receives property that he or she knows to be stolen, may be charged with “receiving stolen property” pursuant to California Penal Code §496.  The punishment receipt of property worth $950 or less may be imprisonment in state prison or in county jail for up to one year.

One of the most interesting and evolving areas of law right now is the legality (or lack thereof) of growing and possessing marijuana. The law is changing as we speak, so if you have been charged with cultivation or possession of marijuana, contact an attorney at Spiga & Associates right away to begin building your defense.

In 1996, a majority of Californians voted to enact the Compassionate Use Act (under California Proposition 215) which legalized the cultivation and possession of medical marijuana under particular circumstances. Senate Bill 420 became effective on January 1, 2004. SB 420 established the “Medical Marijuana Program,” and further clarified the Compassionate Use Act Proposition 215. SB 420 also set guidelines for patient registration, enacted criminal punishments for fraud in connection with patient identification cards, and imposed limits including the amount any one person can grow or possess. 

Los Angeles medical marijuana dispensaries took a serious hit on June 7, 2010, with the passage of a city ordinance that made dispensaries which opened after November 13, 2007 illegal, despite their compliance with state and local laws. According to city officials, 186 dispensaries were opened before the 2007 cut-off date and approximately 136 remain in business; the recent ordinance called for the closure of over 400 dispensaries. 

Despite this local setback, there has actually been a growing wave of support for the decriminalization of marijuana nationwide. For example, President Barack Obama and Attorney General Eric Holder both oppose federal raids on medical marijuana dispensaries as long as they are in compliance with state and local laws. Although the President does not support the full legalization of marijuana, political advocates for the cause include Massachusetts Representative Barney Frank and California Congresswoman Dana Rohrabacher; as of July 2009, supporters also include California Representatives Far, Filner, Honda, Miller, Stark, Thompson and Woolsey. On November 2, 2010, Californians will vote on whether marijuana should be legalized. The initiative is primarily aimed at generating revenue that will then be used to help fix the State’s current budget crisis.

Possession

"Simple possession" refers to possession of a small amount of any controlled substance (without a written prescription); possession of a larger quantity can lead to a charge of possession with intent to distribute or possession with intent to sell. Note – even if you didn’t actually intend to sell the controlled substance, you can still be charged with intent to sell if the amount found is large enough. Also, even if you don’t physically have the controlled substance on you, you may still be arrested and charged for drug possession. For example, when you are driving your car and get pulled over, even if the drugs are found in the passenger’s purse, you may still be held accountable since it is your car – even if you had no idea what your passenger was carrying!

Cultivation

Anyone who plants, cultivates, harvests, dries or processes any drug can be charged with unlawful cultivation. For those who own and operate marijuana dispensaries, BEWARE: you too can be facing criminal cultivation charges under Federal law, which strictly prohibits all activity related to marijuana.

Manufacturing

Similar to a cultivation charge related to growing marijuana, those who produce other controlled substances may be facing manufacturing charge for creating any drug other than marijuana.

Conspiracy

This is the charge for someone who knowingly helps facilitate or furthers the criminal sale, distribution or trafficking of a controlled substance or drug. Note – you do not have to actually sell the drugs to be charged with this offense since conspiracies are generally based only on a “meeting of the minds,” and not on actual steps taken by each participant. Conspiracy drug charges can carry hefty sentencing and mandatory jail time, and may be used as leverage against you when the government has its eye on a “bigger fish.” That is why it is so important to have an advocate on your side to make sure your rights are fairly represented and not taken advantage of by the prosecution.

Distribution/Trafficking

Distribution refers to delivery of a drug/controlled substance without the legal right to do so. For larger quantities, this can also be referred to as “trafficking,” which can also be charged as a federal offense. Substances included as chargeable under distribution and trafficking laws include marijuana, ecstasy, methamphetamine, cocaine, prescription drugs (without a lawful prescription) or other illegal substance.

For your first DUI conviction, you could be facing between 2 days and 6 months in jail, along with fines up to $1800. You may also be required to attend a drug and alcohol treatment program and will be placed on probation for 3 to 5 years. As if that’s not bad enough, the DMV will revoke your driver’s license for 6 months, making it illegal for you to drive for any purpose at all. With proper legal representation, however, you may be eligible for a “restricted license,” or even just a shorter term of suspension. 

A second DUI conviction can have very serious consequences, including 96 hours of mandatory jail time. With a Spiga & Associates attorney on your side, however, we can fight to get the term converted to community work service or we can advise you on the possibility of private jails instead of county lock-up. In addition to time in jail, a second DUI may also carry fines of up to $2800, and up to 18 months of substance abuse treatment. The DMV will revoke your driver’s license for 2 years, and you will be on probation for 3 to 5 years.

Time is of the essence since you only have 10 days from your arrest to request a DMV hearing, so contact Spiga & Associates right away and let us fight to protect your legal rights and your driver’s license.

• Aggravated Sexual Assault
• Rape, Including Date Rape and Statutory Rape
• Sexual Misconduct
• Indecent Exposure
• Child Molestation
• Sex for a Fee, Prostitution
• Massage Without a Permit

People are falsely accused of committing sex crimes on a regular basis.Back in the 1980’s, Kern County was hit by the “day care sexual abuse hysteria,” centered on a group of individuals believed to participate in satanic rituals.At least 36 people were convicted for allegedly participating in the pedophile sex ring; 34 convictions were overruled on appeal and 2 died in prison without ever having the chance to clear their names.The district attorney on the case, Ed Jagels, was also sued by at least one victim of the false accusations. Nonetheless, he remained in office for almost another decade, until 2009.

It was later revealed that stories were fabricated and witnesses were coached. In one instance, the two young children of Alvin and Debbie McCuan were coached by their step-grandmother who had custody of them at the time. The children accused their parents of abuse and participation in a “sex ring” with another set of parents (the Kniffens) whose children also made claims of abuse. No physical evidence in support of the allegations was ever found, and the two sets of parents were convicted in 1984; they were exonerated some 12 years later, in 1996.

But this wasn’t the only instance of false accusations – to the contrary. Throughout the county, six similar cases were later discovered, all based on similarly fabricated stories. John Stoll, for example, was sentenced to 40 years imprisonment for 17 counts of “lewd and lascivious conduct,” based on complaints by five young boys .One of the accusers, Ed Sampley, later told a reporter at the New York Times: “it never happened.” Sampley and three other former accusers finally did the right thing nearly 20 years later when they went to court and explained that Stoll had never touched them or caused them any harm. Stoll’s convictions were reversed and he was released in 2004.

When a sex crime allegation is made, emotions are triggered – everyone knows what sexual contact is (or should be) like, and everyone can imagine what a criminal sexual act might feel like. These emotions, however, have a blinding effect on prosecutors, jurors, and judges alike, and can cause them to make decisions based on that emotion rather than cold hard facts and truth. Then at trial, eye-witness testimony by an alleged victim only fuels the fire and without someone there to tell YOUR side of the story, chances are everyone else will be against you. The attorneys at Spiga & Associates are experienced in handling sex crime charges, and have an excellent track record in such cases.

Not Guilty on False Molestation Charges (Case # BA322456):

In this case, the defendant was charged with the molestation of his three daughters. At trial, his daughters each testified to the terrible things their father allegedly did to them. Through intensive cross-examination and expert investigation, it was revealed that their mother, bitter over their pending divorce, had put the daughters up to accusing their father of molestation. The jury came back with Not Guilty verdicts on all counts. The defendant, who was looking at 20 years in prison, was released with time served.

Innocent Teen Found Not Guilty of Alleged Rape (Case # Confidential – Juvenile Defendant):

The client here was a juvenile charged with taking part in a gang rape in a high school bathroom. Carlo Spiga won the case at trial when a videotape uncovered by our investigator revealed the victim had lied about her activities immediately before and after the alleged rape. When confronted with the evidence, she admitted to the court that she had made the story up so she wouldn’t get in trouble with her mother. The client was released from juvenile hall that day.

Not Guilty of Assault Charges by Unstable Girlfriend (Case # PA032964):

The defendant in this case was charged with aggravated assault on his girlfriend. Because he was a "second striker,” if convicted, he was looking at around 15 years in state prison. Carlo Spiga beat the case through exacting cross-examination of the girlfriend and testimony from neighbors about the girlfriend’s erratic and unpredictable behavior. The jury came back with a verdict of Not Guilty on all counts and the defendant was set free.

3rd Striker Acted in Self-Defense (Case # VA074689-01):

Here the defendant was a three-striker who was looking at life imprisonment over the stabbing of two brothers who attended a party at his house. Carlo Spiga obtained a Not Guilty verdict by proving that the defendant was in fact acting in self-defense and was not deserving of a criminal conviction. Representation by Spiga & Associates saved this young man from spending the rest of his life in prison.

Corrupt Cops Cause Case to Crumble, 3rd Striker Not Guilty (Case # LA055298):

This defendant was a three-striker, again looking at life in prison after police found several guns in the bedroom closet of his home. Carlo Spiga won this case by showing the jury the corrupt and over-reaching behavior of the LAPD and convincing the jury that their testimony could not be trusted. Once again, the verdict was Not Guilty on all counts.

3rd Striker Not Guilty Thanks to Cross-Examination King (Case # BA340970):

Here, the defendant was a three-striker who was looking at life in prison because a repo agent had accused him of ramming her car with his high-powered truck. Carlo Spiga won this case through his cross-examination of the complaining witness and the prosecution’s accident reconstruction specialist. The jury returned a verdict in less than an hour finding the defendant Not Guilty on all counts.

1. After being arrested, the officer will bring him or her to the police station to evaluate the situation. The police will either:

• Immediately release the juvenile;
• Release the juvenile to parents with a citation to appear in court; or,
• Transfer the juvenile to Juvenile Hall. There are some offenses that have mandatory detention, but by law, juveniles cannot be housed with adults.

2. Once at Juvenile Hall, the youth is under the supervision of the probation department, who will then prepare a report about the juvenile and alleged crime, and can either:

• Place the juvenile on informal probation;
• Send the minor home on home supervision; or,
• Submit a petition to the District Attorney to have the juvenile officially charged with the offense.

3. The probation department can also continue the juvenile’s detention under the following conditions:

• Lack of parental care
• Homelessness
• Unfit home
• For protection of the minor and for protection of the public
• Flight risk
• By court order

4. Once a Petition has been submitted to the District Attorney’s Office, they can reject the case, hold for further investigation, place the youth offender on probation, or file charges.

• If charges are filed, there must be a detention hearing within 48 hours of arrest and 24 hours after filing.
• Extremely violent offenses such as murder often require mandatory filing in adult court. The District Attorney has the discretion to file charges in adult court if the minor is charged with a crime that is punishable by life in prison or death, gun crimes, or the youth has a prior sustained petition for a gang-related crime, a hate crime, or a crime against a particularly vulnerable victim.

5. If charges are filed, the next step is a Detention Hearing, where the juvenile court will decide if there is enough evidence the alleged crime.

6. If the juvenile is charged with a serious or violent crime, the court will next hold what’s called a Fitness Hearing to determine if the youth should remain in juvenile court or be transferred to adult court. The judge will consider.

• The degree of sophistication of the minor
• Whether the minor can be rehabilitated before expiration of court’s jurisdiction
• Any prior delinquent history
• Success of prior attempts at rehabilitation, and
• The particular circumstances of the offense.

Under Federal law, you could be facing a fine of $1000 for possession of a small amount of marijuana and up to life in federal prison for a second possession of methamphetamine conviction. Clearly federal drug charges are serious and can often have a more devastating impact than state law violations; they can also be charged in addition to state charges, creating a total sentencing nightmare.

At Spiga & Associates, we appreciate the severity of federal drug charges and we are here to help ease the stress that accompanies these legal attacks. We are also skilled defenders of California drug charges, including possession, sale, and distribution of marijuana. Call us now and we will do everything in our power to keep you out of prison and protect your Constitutional rights.

White collar crimes are generally defined as business motivated non-violent offenses, often involving cheating or dishonesty with respect to money and business transactions.  The term "white collar crime" was first coined by Edwin Sutherland, a criminology expert and sociologist, based on his belief that people who are surrounded by criminal activity are more likely to commit crimes themselves.

White collar crimes include a broad range of crimes that can be generally described as nonviolent, deceptive acts perpetrated by a business, person or public official. Some of the more common examples of white collar crimes are blackmail, bribery, fraud, embezzlement, racketeering and insider trading.

Depending on the seriousness of the crime and which laws were broken, the case could be tried in federal court. The typical penalties for white collar crimes are jail time, excessive fines and restitution to the victims. One major issue with white collar crime cases is the number of charges against the accused.  For example, Bernie Madoff was eventually convicted of 11 counts of various types of fraud, and was sentenced to 150 years in prison. California courts, as well as the federal government, are dedicated to fighting this type of crime because, although it is non-violent, it can have such terrible consequences for the victims.  Because white collar crimes often require a significant amount of time and tedious detail, hiring an experienced, responsible legal representative is crucial to effectively defending your freedom.

As the internet becomes a part of our everyday lives, there are consequently more crimes committed on the internet. Clearly, the term internet crime covers a wide range of offenses that vary in seriousness. Some of the crimes included under this umbrella term are virus distributing, fraud, identity theft, stalking, phishing and child pornography. Sometimes these types of internet crimes are found to be linked to the more serious offenses such as kidnapping and sexual abuse of a minor.

California lawmakers are desperately trying to keep the internet safe by being tough on individuals being charged with an internet crime. Internet crimes can be charged as either a misdemeanor or a felony in California depending on the circumstances, and there is a possibility of facing jail time in some instances. Early intervention by Spiga & Associates is essential to effectively defending your freedom when you’ve been charged with an internet crime.

Everyday Judges in Los Angeles County place hundreds of people on probation. Probation carries with it certain terms and conditions that a defendant must comply with or else face the Judge’s wrath, including jail time, fines, or imprisonment.

When you are on probation, your rights are weakened. You do not have a right to the presumption of innocence, jury trial and proof beyond a reasonable doubt when you are on probation. Your life is in the hands of the Judge. Because of this, it pays to have a good attorney who is respected by judges to go to bat for you.

Top Probation Lawyer in Los Angeles can help you!

Throughout 2010, pop icon Lindsay Lohan got a her fair share of probationary justice when she repeatedly violated the terms of her probation. In July 2010, Lindsay Lohan’s probation was revoked when she failed to attend the mandatory alcohol/drug counseling ordered by the court. As a result, she was sentenced to 90 days in jail. Of course, she didn’t spend nearly that long behind bars, but she was also sent to a rehabilitation facility to deal with her substance abuse issues, and probation was reinstated. Then just a few months later, in September 2010, Lindsay Lohan’s probation was yet again revoked and a bench warrant was issued for her arrest The warrant was held over (meaning it never made it to the hands of potential arresting police) and Lohan eventually threw herself upon the mercy of the court later that week. Lohan had tested positive in a mandatory drug screening, a clear violation of the terms of her probation. This time the judge went easy on Lindsay and ordered her to stay in rehab at the Betty Ford Clinic (rather than sending her back to jail.)Lindsay Lohan’s probation stems from a drunk driving conviction back in 2007, and due to her repeated violations, her probation will likely be extended even longer.

More on Sentencing in California

If you are in a situation where you have in some way failed to comply with probation for whatever reason, Los Angeles Probation Attorney Spiga & Associates can help you. There are certain things you can do to make your offense seem less severe, but it takes a credible attorney to effectively state your case and present your excuse or explanation to the court. Because of the potential serious consequences, it is almost never in your best interests to handle a probation violation on your own without a Los Angeles Probation lawyer. Contact Spiga & Associates today and let our experience make the legal system a little softer for you.

A warrant may be issued for a variety of reasons, including failure to appear in court or failure to comply with other court orders. Once issued, a warrant gives the police the right to arrest you and take you into custody upon contact with any law enforcement.

The subject of bench warrants made headlines in March 2010 when a warrant was issued for notorious rapper Lil Wayne. The reason: Lil Wayne was unable to attend a court date in Arizona because he was IN PRISON back in New York on unrelated gun charges. In April 2010, a warrant was issued for another hip hop figure head known as “Coolio” when he failed to show to court for a mandatory progress report. The same thing happened to actor Randy Quaid and his wife Evi Quaid when they too failed to appear in court. In other words, missing a court date not only angers the judge who holds your fate, but will also lead to an arrest warrant being issued on your behalf.

If you think you or a loved one may have a warrant out, it is crucial that you contact a skilled attorney right away since you may be subject to arrest at any moment. Spiga & Associates attorneys are experienced in handling these matters, for both current clients and new ones. Contact us now and have a true advocate on your side when handling your arrest warrant.

An expungement is a process by which a conviction or plea (of Guilty or No Contest) in a criminal case is set aside and the charge against you is dismissed. An expungement can relieve you of certain penalties and restrictions you may have suffered from having a criminal record. For example, an expungement may alleviate potential discipline from the State Board for your Professional License. 

A petition for expungement can be filed after you have fulfilled all terms of your probation or have been discharged from the original term of probation, or have not been placed on probation and have completed all the terms of your sentence. Spiga & Associates have been successful in cleaning up the records of over 100 clients, and we would be happy to do the same for you.

The time to appeal your conviction is limited, so we strongly suggest you contact Spiga & Associates right away to file a notice of appeal on your behalf and begin the process of seeking the justice you were deprived of at trial.

If you or a love one has already been convicted of a crime, all hope is not yet lost. You have the right to appeal an unfair conviction, and Los Angeles Expungement attorneys Spiga & Associates are just the attorneys you need to put the criminal justice system in check and get your judgment overturned. Spiga & Associates are experienced appellate lawyers who will take your case all the way to the Supreme Court if that’s what it takes. We understand what’s at stake when a loved one has been locked up and the government seems to have thrown away the key.

A successful appeal can result in a new trial or sentence reduction due to the illegality or unfairness of the prior proceeding which led to the conviction. Appeals can be based on anything from jury misconduct to improperly presented evidence or evidence illegally withheld from the defense by the prosecutor. An appeal can also be based on misapplication of the law, inappropriate arguments by the lawyers, and unlawful sentencing. The process of appealing a judgment involves a great amount of time for things like research and transcript analysis, and many criminal law firms do not offer appellate work for that reason. At Spiga & Associates, we are committed to getting justice for not only the accused, but also the convicted because we believe that everyone deserves a fair shot and a zealous defense.

Another way of attacking unfair imprisonment is to file a writ, such as the Writ of Habeas Corpus, which literally means “(we command) that you have the body.” Habeas Corpus is a legal action seeking release of someone who is unlawfully imprisoned, and like appeals, can be based on a number of injustices suffered by the defendant.

Other than Habeas Corpus, there are other “extraordinary writs” which may offer post-conviction relief in circumstances when other appeals have been exhausted or denied. A Writ of Mandate, for example, is used to is used to require the court to decide on an issue when it has failed or refused to do so, or to compel the court to reverse a ruling that was made in abuse or excess of the court’s discretion. Conversely, a Writ of Prohibition is used to prevent a court from taking some action that is beyond or in abuse of the court’s jurisdiction. Other extraordinary writs include: Writ of Coram Nobis, Writ of Certiorari, and Writ of Supersedes.