California Criminal Attorney Blog

California Attorney General Edmund G. Brown Jr. announced a 74-count felony indictment against a former Santa Maria-Bonita School District official and three executives from TurnKey, a Temecula-based company, for misappropriating $3.6 million in public money for schools. 
 
Turnkey misappropriated money that was supposed to go to construction costs of sixteen Santa Barbara County schools. From 2000 and 2002, TurnKey entered $62 million in construction contracts with the Santa Maria-Bonita School District, promising to complete several school projects. Records show instead of using these funds to pay for the projects, executives purchased expensive automobiles, artwork and gave themselves cash bonuses.
 
In early 2003, TurnKey fell behind in payments to subcontractors who were hired to build the schools. To cover their debt, Turnkey submitted false invoices to the school district. Cynthia Lynn Clark, the Assistant Superintendent of Schools knew about the false invoices yet didn’t report it to the school board of file any criminal charges.  .   
 
A Santa Barbara grand jury returned the indictment on March 14, 2008 against former company executives Harold Leo Clark III, 46, Michael Patrick Bannan, 43, David Irwin, 39, and Cynthia Lynn Clark, 54, on 74 counts of Misappropriation of Public Monies, Embezzlement of Public Funds, Diversion of Construction Funds, and Grand Theft of over $3.6 million between June 2004 and September 2004.

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Gary Dourdan, CSI co-star was arrested Monday in Palm Springs California for possession of narcotics and dangerous drugs. The actor was found asleep in his car which caught the attention of the Palm Springs, California Police Department when they noticed it parked on the wrong side of the street with the interior light on.

Officers described Dourdan as disoriented and possibly under the influence of alcohol or drugs. Dourdan was arrested after officers found suspected cocaine, heroin, Ecstacy, miscellaneous prescription drugs and paraphernalia in his vehicle. Dourdan was released on $5,000 bail at 10:30 a.m.

Dourdan plays crime scene investigator Warrick Brown on CBS' "CSI." It is unknown why Mr. Dourdan was in town, perhaps to attend the Coachella Valley Music Festival being held in Indio, California.

Dourdan faces possible Driving Under the Influence or Vehicle Code 23152 (a) and (b), Under the Influence of a Controlled Substance or Health and Safety Code Section 11550, Possession of a Controlled Substance or Health and Safety Code Section 11377 and Possession of Drug Paraphernalia or Health and Safety Code Section 11364. The drug possession and under the influence charges are going to be felony charges which means his jail exposure could be 3 years in state prison on each felony conviction. On the other hand, Mr. Dourdan may be eligible drug programs as an alternative to jail. PC 1000 is a drug diversion program where upon successful completion of the program and 18 months probation the charges can be dismissed. Proposition 36 (Prop 36) is a similar drug program but the case does not get dismissed, it just allows individuals to stay out of jail for their convictions.

Unfortunately for Mr. Dourdan, he was arrested in Riverside County which is one of the toughest District Attorneys offices in Southern California, except maybe Orange County. In any event, Mr. Dourdan needs a very skilled and aggressive criminal defense attorney to handle this very media driven case.

Mr. Dourdan or anyone arrested for drug possession cases in Riverside County or Orange County should call our office for a free consultation. We are tough, skilled and highly respected among our legal peers and you will not find another criminal defense firm that works harder for their clients than we do.

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California Attorney General Edmund Brown Jr. announced the arrest of an Orange County travel agent for selling more than $160,000 in “bogus travel packages.” These travel packages were aimed at senior citizens who wanted to travel to Cuba for cultural and religious purposes.

Ralph Adam Rendon, of Santa Ana was arrested on 78 felony counts, including fraud, embezzlement, grand theft, misappropriation of consumer funds and trust account violations. Mr. Rendon is alleged to have stolen hundreds of thousands of dollars from unsuspecting travelers. Currently, Mr. Rendon is out of custody having posted $170,000 bail.

The travel packages were designed to attract Greek Orthodox and Jewish Americans with members of their faith in Cuba. Mr. Rendon’s travel agency, “USA to Cuba” was advertised in religious magazines targeting religious travelers. When interested travels contacted Mr. Rendon’s travel agency he directed them to send $1,000 to “USA/AAE Scholarship Foundation.” After the travels deposited the $1,000 he asked them to deposit an additional $2,850 and then cancelled the trips saying the U.S. Treasury Department had blocked travel to Cuba, which was not true.

Orange County, California law enforcement investigators determined that Rendon sold fake trips to at least 30 elderly travelers from New York, San Francisco, Los Angeles and Utah. When travels attempted to get refunds, Mr. Rendon ignored all calls and demands.

Records show Mr. Rendon used the money to pay his rent, lease a new Mercedes, and hire an attorney. Brown charged Rendon with 78 felony counts, including grand theft, embezzlement, mishandling consumer funds and trust account violations. Mr. Rendon is being charged in Orange County Superior Court and is scheduled to be arraigned in May, 2008 in Santa Ana.

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Mater Dei offensive line coach Reed Diehl was arrested by FBI agents on suspicion of stealing $2.5 million dollars out of an investor. Diehl, of Coto de Caza, an exclusive Orange County neighborhood and father of three posted $75,000.00 bail and is now out of custody.

Authorities believe Diehl engaged in financial schemes taking millions of dollars from his victims. The former Tennessee Titan football player is accused of scamming a man identified in court documents as Ron V., a Chicago developer out of millions with the promise to build condo projects in Cabo San Lucas. Instead, authorities allege Diehl used the money to pay off other outstanding debts.

Diehl, owns ARA Capital, an investment banking firm in Irvine, California and is also accused by federal authorities of promising his clients investment opportunities where he indicated the return on investment would be 5% a month…..60% a year which is unheard of in today’s financial climate. It is unclear at this time how many potential Orange County fraud or theft may exist or how many victims may be involved.

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The Fullerton City Council rejected a ban on medical marijuana dispensaries making it one a few Orange County, California cities to do so. This ban means the city of Fullerton is currently looking into ways to manage medical marijuana dispensaries in a safe and lawful manner.

While most city council members do not agree with the idea of placing medical marijuana dispensaries around town, they do acknowledge the voters support of such dispensaries when they adopted Proposition 215 in 1997. At issue with most Orange County cities who have addressed this issue is the current state of Federal Law which prohibits the use of any medical marijuana dispensaries anywhere in the U.S. As of now, Fullerton is the only city in Orange County willing to consider housing medical marijuana machines in their city with Huntington Beach and Anaheim recently reversing earlier approvals.

The City of Los Angeles, currently has several of these medical marijuana dispensaries already in place and the likelihood is most other major cities in Southern California will follow suit. The number of medical marijuana prescriptions or licenses has increased significantly over the last ten years and with the public’s nonchalant attitude over the use of marijuana, these dispensaries will here to stay.

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Patients using marijuana to alleviate suffering from chronic pain and other ailments will soon be able to purchase their medical marijuana from vending machines 24 hours a day in Los Angeles County. Vincent Mehdizedeh, an inventor and owner of two of the three current vending machines says these machines will provide convenient access, lower prices, safety and anonymity.

The medical marijuana machine requires a fingerprint to identify patients along with a pre-paid card before a green envelope with pot falls down the slot of the machine. Currently, doses are only dispensed once a week per user with each purchase yielding 1/8th or 2/8th of an once with a cost of $40.00

Don’t get too excited, you still need a medical marijuana card to be able to purchase marijuana and the Federal Government is doing all they can to shut down these machines. The DEA along with other federal agencies have been actively shutting down marijuana dispensaries in Los Angels County, Orange County and any county within California that allows these machines in their community. They have been charging operators with felony charges for distribution any time they locate a dispensary.

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Starting this year several new laws will go into effect including increasing a drivers license suspension for first-time DUI offenders with a BAC over .20, increased penalties for street racing or speed contests and requiring the DMV to report DUI convictions for 10 years, instead of the current seven years.

AB 1850 –Makes it an infraction to allow a person to ride in the trunk of a car. Drivers will be subject to a fine and have a negligent operator point attached to his/her license.
AB 2190 --Increases the penalties for reckless driving or engaging in a speed contest. Injuries to others will result in hefty fines and custody time ranging from 30 days to six months.
SB 1613-- As of July 1, 2008, prohibits drivers from operating vehicles while using a hand-held cell phones or text messaging devices. First time offense carries a $20 fine and a $50 fine for each subsequent offense.
SB 1756 --Increases the mandatory suspension of driver licenses from 6 months to 10 months for first DUI offenses for drivers with a BAC of .20 or above.
SB 1586 --Allows public access, including insurance companies, to DUI convictions that occurred in the past 10 years; currently only law-enforcement and courts were able to access this information.
AB 2169 --Extends for 5 years the “Safe at Home Law.” This program creates an alternative driver license address for victims of domestic violence and stalking. The law also allows DMV to continue “suppressing” victims’ license and vehicle registration records.

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Starting July 1, 2008 it will be illegal for motorists to use cell phones while driving.
California Vehicle Code Sections 23123 and 23124 prohibits operating a motor vehicle while using a wireless telephone and in cases of drivers under the age of 18, from operating a wireless telephone, including pagers and text messaging devices.

Don’t panic just yet, there are a few exceptions. A driver may use a wireless device if attempting to contact law enforcement, health care providers, fire department etc. Keep in mind these are for emergency related needs to emergency professionals. It does not apply to commercial truck or tractor drivers, bus drivers, tow truck drivers, farm vehicles etc. as long as a two-way radio is being used and such radio does not require the radio to be close to the drivers ear. And finally, it does not apply to motorists who are on private property.

Clearly we have all witnessed drivers who slow down traffic, run red lights or swerve within lanes while chatting away on a cell phone for what likely is a meaningless conversation. Now we have people who talk and text on cell phones as well. There is no doubt using cell phones while driving is dangerous and these recent changes while perhaps inconvenient, is life saving.

If you happen to be cited for driving while using a cell phone you could face a penalty of $20.00 (plus administrative fees) for a first time offense or $50.00 (plus administrative fees) for a second and subsequent offense.

Keep in mind these very important points about this new legislation.

1.If you are using a cell phone while driving, an officer can make a traffic stop and this may provide probable cause to arrest you, if you are under the influence. In other words, the officer does not need to see bad driving in order to stop a vehicle if the driver is using a cell phone. Once contact is made with the driver, if the officer smells alcohol he CAN conduct a DUI investigation and CAN charge you with driving under the influence or driving while intoxicated.
2.You may not use a speaker phone feature and hold the cell phone in your hand while driving and you cannot use a push-to-talk feature like those found on Nextel phones.
3.You can always pull over to the side of the road to make your phone call but do so in a well light and safe place.

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Former “Boy Meets World” star Danielle Fishel was arrested on a warrant for driving under the influence in Newport Beach. Ms. Fischel has been charged with DUI in Los Angeles County and while she was visiting the Orange County beach city, the car she was riding in was stopped. Upon further investigation, Newport Beach police officers located a warrant for her arrest on the drunk driving charges. She was released from custody soon after her arrest

This arrest comes on the heels of newly signed legislation by Governor Schwarzenegger to crack down on DUI offenders. There were five bills signed to strengthen DWI laws and prevent drunk driving in Orange County and all other California counties. Starting January 1, 2009, AB 1165, one of the new bills signed will make it unlawful for any person on probation for a DUI conviction to drive or operate a motor vehicle with a BAC of .01% or greater. These new bills were designed to prevent minors from obtaining any alcohol and provide tools for law enforcement agencies and prosecutors to hammer those convicted of driving while intoxicated.

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