Reasonable suspicion is a legal standard that a person has been, is, or is about to be engaged in criminal activity based on specific and articulable facts and inferences. It is the basis for an investigatory stop by the police and requires less evidence than probable cause, the legal requirement for arrests and warrants.

 

Probable cause refers to a state of facts that would lead a person of ordinary caution and prudence to believe and conscientiously entertain an honest and strong suspicion that the person arrested is guilty of a crime.

 

Probable cause is also required for a search to take place. Beware--a lack of probable cause does not become an issue if an Officer asks for your permission to search, and you say yes. It is essential that you understand you have the right to say no! Unlike with Miranda warnings, law enforcement does not have to inform you that you have the right to say no to a search. Giving police officers permission to search your person, home, or vehicle will not translate into their "taking it easy on you" if they do indeed find something. If probable cause for a search does not exist, and one is conducted, a criminal defense attorney may bring a successful motion to the judge to suppress any evidence found. By giving your permission to search, you lose this opportunity!

 

Another defendant was added to the case in which multiple celebrity houses were allegedly burglarized.  Los Angeles Criminal Defense Attorney David D. Diamond represents Roy Lopez who is accused if burglarizing Paris Hilton's home.  Los Angeles Criminal Defense Attorney David D. Diamond has denied those charges. 

Rachel Lee has been charged with felony burglary and receiving stolen property.

She  was charged on Wednesday, January, 13, 2010. She joins five other young men and women charged with burglaries at the homes of celebrities including Orlando Bloom, Rachel Bilson, Ashley Tisdale, Megan Fox and Audrina Patridge.

Ms. Lee turned herself in and was released after posting a $150,000 bail,  according to jail records.

She is charged with the burglaries of the homes of  Hilton, Lohan and Patridge.   Lee and Nicholas Prugo, who faces seven counts of first-degree burglary, have been accused by authorities of planning the crimes. 

 

Our Los Angeles Criminal Defense Attorney had to appear in court in the West District to resolve a case where the defendant was facing State Prison time for allegedly stealing a purse with thousands of dollars inside.  He has a prior conviction from about three months ago.  With a goal to humanize each case and help the prosecution understand the history of the defendant, our Los Angeles Criminal Defense Attorney received an offer of 180 days in County Jail. 

 

That same afternoon, our Los Angeles Criminal Defense Attorney traveled to the Ventura County Superior Court to resolve a case where the defendant was charged with 7 counts of fraud (false checks).  Mr. Diamond was able to speak to the victim who did not wish any criminal prosecution.  As the case moves forward, Mr. Diamond will try to get a dismissal of all criminal charges. 

 

In the city of Burbank, California, a 19-year-old man was arrested in connection with the death of his father, who was the assistant football coach at Burbank High School.

Noah Lock is facing one felony count of involuntary manslaughter and posted a $25,000 bond. He will return to the Pasadena Superior Court on July 16, 2009.


Burbank Criminal Defense attorney, David D. Diamond, finds this to be a tragedy after the two men appeared to have been in a fight.  You can find out more about the criminal process at www.BurbankCriminalDefense.com

Steve McNair's death has been offically ruled a homicide.  He played in the NFL for 13 seasons and was only 36 years of age.  However, the local police stated they have not classified the death of woman who was involved in a romantic relationship with him.

McNair, 36, and Kazemi, 20, were found in a condominium in downtown Nashville, Tennessee, Saturday afternoon after receiving a phone call.  McNair was shot twice in the head and twice in the chest, while Kazemi was shot once in the head.  This appears to be a possible murder-suicide but thet police has yet to make such a finding.  Los Angeles based criminal defense attorney David D. Diamond who has handled multiple felony matters states that, "the evidence will be sorted out to determine if their relationship  had anything to do with their untimely demise." 

Everyone makes mistakes, but a question I often get is how does someone clean and clear  a criminal conviction.

 

Our website http://www.expungecriminalrecord.com/ explains what an expungement is and how to obtain one. 

An expungement is a process by which a conviction or plea of either Guilty or No Contest in a criminal case is set aside and the case is dismissed. It relieves the defendant of certain penalties and disabilities that result from a criminal action. You may file an expungement petition after you have fulfilled all terms of probation, or have been discharged from the original term of probation, or have not been placed on probation and all your sentence terms have been completed.

Recently, the government has started to consider the potential value to placing a tax on marijuana, which is already lawful given a proper physician's recommendation.   Californians spend about $980 million each year to enforce state and local marijuana laws.  California is in a state of financial chaos and if there exists a possibility to eliminate such a large part of the problem, that proposal must be considered. 

Tom Ammiano, a San Francisco Democrat recently elected to the state legislature, announced that he was introducing a bill that would "tax and regulate marijuana in a manner similar to alcohol" in the state of California. According to Mr. Ammiano, Assembly Bill 390, which would impose a tax of $50 per ounce on marijuana sales, "would generate $1 billion in new revenue" for the state if it is enacted.  Other factors to consider are that the elimination of a profit margin for the sale of marijuana could help the troubled Mexican government deal with its out of control drug war. 

David D. Diamond is a Los Angeles based medical marijuana attorney.   

 

Three have been charged in a conspiracy case that alleges misuse of drug prescriptions.  Anna Nicole Smith's psychiatrist recently surrendered to authorities in Los Angeles on charges that she conspired to over-prescribe medications to Smith, with knowledge that she was an addict. The other two defendants are Dr. Sandeep Kapoor, who allegedly prescribed thousands of pills to Anna Nicole, and Howard K. Stern, Anna Nicole's boyfriend and lawyer.  Both have already surrendered to authorities.

 

David D. Diamond comments on restraining orders and victims' rights. 

 

http://www.blogtalkradio.com/justiceinterrupted/2009/02/25/Justice-Interrupted.mp3?localembed=download

David Diamond made a radio appearance to discuss the media involvement in criminal cases as well as sex crimes.

 

http://www.blogtalkradio.com/justiceinterrupted/2008/09/24/Justice-Interrupted-Crime-Radio-Network.mp3