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Home blog Criminal Defense | Orange County Criminal Defense Blog - Part 7

Criminal Defense | Orange County Criminal Defense Blog - Part 7

Santa Ana DUI Arrest Follows Announcement that OCSD Has Received Grant to Fight DUI and Other Traffic Violations

By Michael Guisti on October 27, 2014

Santa Ana, CA — Last Wednesday, it was announced that the Orange County Sheriff’s Department had received $330,620 in grant money from the California Office of Traffic Safety or OTS in order to decrease the number of traffic accidents on Orange County roadways. Among the dangerous behaviors that the department intends to target with new special enforcement tools is DUI, particularly when it comes to keeping track of multiple offenders.

Following shortly after this news was Saturday’s arrest of Herbert Calderon Granados, 23, on suspicion of DUI after a three-vehicle collision that killed an 18-year-old boy in Santa Ana. According to a police statement, Granados, who was driving a Lexus with four passengers, ran a red light and struck a Honda, which was knocked into a Chevrolet pickup.

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Downey Teacher and Soccer Coach Pleads Not Guilty to 15 Counts of Sex with a Minor

By Michael Guisti on October 24, 2014

Downey, CA — Laws that place restrictions on children and teenagers are meant to protect them. For example, we make them wait until the age of 16 before they can obtain a driver’s license not just so that they can physically operate a motor vehicle, but also so that they can gain some small measure of personal experience and judgment before they do something so dangerous. The same logic is at work in consent laws. The age of consent varies by state, but its purpose is to protect teenagers from being victimized by predatory adults.

On Friday a teacher and girls soccer coach at Downey High School was arrested on suspicion of having sex with a minor. Brandon James Lee Hitchcock, 30, has pleaded not guilty to 15 criminal counts, 10 counts of unlawful sexual intercourse with a minor and 5 counts of oral copulation with a minor. Hitchcock allegedly carried out a sexual relationship with one of his students between March and October of this year while she was a junior and a senior.

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No Contest Plea Entered in Hollywood Stabbing Trial

By Michael Guisti on October 7, 2014

Los Angeles, CA — In most cases, a defendant will enter a plea of guilty or not guilty, but there are other options. The one most familiar to the general public is no contest or nolo contendere which means that although the defendant will not fight the charges against them, they do not make any admission of guilt. Although this often results in the same punishment that would be handed down for a guilty plea, it can be advantageous if civil litigation is also pending.

Dustin James Kinnear, 27, the man accused of stabbing a woman in an altercation in Hollywood in 2013 pleaded no contest to involuntary manslaughter on Tuesday, according to a statement by prosecutors. The victim, Christine Calderon, 23, died in the hospital after she and her friend, Robert Harden, were involved in fight with Kinnear, Brian Joseph Widdows, 35, and Jason Joel Winstone, 34.

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Soldier on Trial in Santa Ana for 2011 Cypress Murder

By Michael Guisti on July 21, 2014

Santa Ana, CA – Opening statements signal the official beginning of a trial, but there is actually quite a bit of work that goes on before either prosecutors or defense attorneys make any statements in open court. Pretrial hearings, jury selection, and, of course, criminal investigation all precede the beginning of a trial, but opening statements are the first part of a criminal case that is available to the general public and the first time each side outlines its case to the jury.

The trial of Steven Matthew LeClaire, Jr., 26, began on Wednesday with both sides making their opening statements in court. LeClaire has been charged with one count of murder and two counts of attempted murder along with sentencing enhancements for personal discharge of a firearm causing death and great bodily injury. According to prosecutors, LeClaire, an Army Specialist who was away without official leave from his post in El Paso, Texas, shot Marques Murray, Raymond Eligan, and his father Steven Francis LeClaire, Sr. in at the Cypress Lodge on Lincoln Ave in February of 2011. Murray was killed and Eligan and LeClaire's father both were injured.

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Posted in: Criminal Defense

California Supreme Court Issues Important Ruling on State’s Three Strikes Law

By Michael Guisti on July 11, 2014

San Francisco, CA – Just like the United States Supreme Court is the final arbiter on issues of federal and constitutional law throughout the country, each state has its own supreme court that passes judgment on state statutes. The California Supreme Court is located in San Francisco and on Thursday issued a ruling that will have a major impact on sentencing in felony cases statewide.

Ever since voters passed the so-called “three-strikes” law in 1994, criminal defendants with multiple felony convictions have faced harsher penalties, up to and including life in prison for their third conviction on felony charges. On paper it seems simple enough, but in practice it often means that defendants with a criminal record can receive a life sentence for a comparatively minor offense like robbery.

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Woman Arrested on Suspicion of Murder, Prostitution after Man O.D.s on Yacht near Santa Cruz

By Michael Guisti on July 9, 2014

Santa Cruz, CA – Murder is usually not so sensational a crime as fiction makes it out to be. In mystery novels and television dramas, murders are sometimes a baroque affair, planned out in advance and carried out to exacting standards. The truth is often less titillating. Homicides happen all the time, and for all kinds of reasons, and sometimes for no reason at all. But sometimes the details of a suspected murder are so sensational it can’t help but make an impression in the news.

Authorities in Santa Cruz have arrested a woman on suspicion of murdering Forrest Timothy Hayes, 51, who had previously worked at Google, Sun Microsystems, and Apple. Hayes was found dead of an apparent heroin overdose in November of last year. Alix Katherine Tichleman, 26, was booked on suspicion of murder, prostitution, destruction of evidence, and providing narcotics, but so far charges have not been filed in court.

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Posted in: Criminal Defense

Parents Accused of Child Endangerment and False Imprisonment for Keeping 11-Year-Old Boy in Cage in Anaheim

By Michael Guisti on July 5, 2014

Anaheim, CA – Sometimes the first reaction to a news story about a shocking crime is anger. Even when a report doesn't involve anyone we know personally, we feel outrage that anyone could do something so awful. However, it is important to remember a few basic facts. First, our legal system considers everyone who has been charged with a crime to be innocent until they are proven guilty. We want to be so certain of the outcomes at trial that we give the accused an advantage out of the box. The other thing that is important to remember is that an initial report about a suspected crime is generally built up on official statements and matters of public record. The accused generally does not share their side of the story until they have hired an attorney or until the case goes to trial.

Loi Vu, 40, and Tracy Trang Le, 35, were arrested on Tuesday evening on suspicion of felony child endangerment and false imprisonment. Child Protective Services enlisted the help of the Anaheim Police Department after receiving reports that the couple had been keeping their autistic son in a large dog cage. Officers on the scene did find a cage with a mattress inside their home.

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Posted in: Criminal Defense

State Assembly Debates Bill Aimed at Alleged Illegal Gambling Operations

By Michael Guisti on July 3, 2014

Sacramento, CA – Sometimes in a criminal case the prosecution and defense do not dispute the facts of the case and instead are in disagreement as to whether the defendant's actions were actually a violation of the law. An example of this would be when the defendant claims self-defense in a homicide case. While they do not dispute that defendant did indeed take a life, the defense will argue that their client was acting to preserve his or her own life against an attacker. A similar situation is coming to pass as law enforcement agencies raid so called 'sweepstakes cafes," throughout the state, accusing their owners of operating illegal gambling houses.

Silk and Stars, an internet sweepstakes cafe in a strip mall in Sacramento County, allows people to play video games that simulate games of chance such as slot machines. However, local law enforcement agencies have twice attempted to close down Silk and Stars this year, saying that the cafe's machines run afoul of state gambling regulations and that businesses like it can attract an unpleasant element, leading to increased crime and drug use.

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Posted in: Criminal Defense

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