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ANIMAL CRUELTY CASE RESULTS IN 2 DAYS IN JAIL FOR UC BERKELEY LAW GRAD (CA Penal Code §597)

When 26-year-old Hazhir Kargaran went on a trip to Las Vegas with a few of his UC Berkeley law school pals, he may never have imagined it landing him in jail.  We’ve all seen movies like “The Hangover,” in which several friends get into strange situations while on vacation in the city that advertises itself as a place where “what happens” there “stays there.”  However, this was not the case for Kargaran, who has been convicted of participating in beheading an exotic bird that lived in the Flamingo Hotel’s wildlife habitat.  He and two of his buddies had evidently been...

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7 YEAR WIRE FRAUD CONVICTION OF LOS GATOS ATTORNEY UPHELD (CA Penal Code §186.9)

Bay area lawyer David Prince still maintains his innocence in a stock fraud scandal that cost his clients over $1.1 million.  The original 2011 conviction was five counts of wire fraud, though, on appeal in the U.S. Circuit Court of Appeals, Prince argued that he never had any intention of purposefully defrauding the 30 investors he assisted.  Instead, he admits that he simply made some very bad decisions.  Prince’s situation was made worse by the fact that the court considers him a member of a profession that people believe they can trust.Wire fraud is considered a federal crime (CA Penal...

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CALIFORNIA LOWER COURTS VIOLATE 4th AMENDMENT RIGHTS IN LA

The United States Constitution protects citizens from unlawful search and seizure.  Part of what is known as the Bill of Rights, this amendment is meant to prevent law enforcement or government officials from fabricating evidence, planting evidence, or illegally obtaining evidence for later use against suspects in various crimes.  The 4th Amendment is also part and parcel of a balancing of governmental power with individual rights.In 2006, the U.S. Supreme Court upheld these 4th Amendment rights, maintaining that, in non-emergent situations, police cannot enter an individual’s home without a warrant without permission.  Lower courts in California have, however, ruled that...

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Concord Resident Arrested For Arson in Contra Costa County (CA Penal Code §451)

Concord resident, Julie Tenpenny (48) was arrested this month on suspicion of starting a grass fire in Martinez. It seems that Tenpenny used a lighter to set small fires near Alhambra Hills Drive.  Law enforcement officials say that they received phoned-in tips about the woman starting as early as 5pm on Sunday evening.  When they went to investigate, they found Tenpenny – uncooperative and seemingly under the influence of drugs.  Why she started the small fires, which did require the Contra Costa County Fire Department to drop some water from their helicopters in order to extinguish the minor blaze, is...

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Former Juvenile Housed by CYA Kidnaps 7-Year-Old Girl in Sacramento (CA Penal Code §288)

Now 25 years old, Cedric Holland has a history of upsetting the Sacramento legal system.  7 years ago, Holland was convicted on an offense that eventually led to his being on the California sex offender registry – (CA Penal Code §288).  He was handed over to the California Youth Authority (CYA), which is now known as the California Division of Juvenile Justice (DJJ).  In May of this year, he kidnapped a 7-year-old girl who was walking with her mother near 54th and 47th in the early afternoon hours.  The girl was somehow taken from her mother, stuffed in the trunk...

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San Rafael Man Arrested Twice on DUI Charges on Same Day (CA Vehicle Code §23152(a))

71-year-old Gary Arnone may be the unluckiest man in Marin County – he was arrested for suspicion of DUI twice in one day.  First, at around 2am, law enforcement officers got a call that a man was driving erratically. Police then found Arnone parked in a Marinwood Avenue parking lot where, upon seeing the officers, he tried to drive away – hitting a curb as he went.  Arnone was taken to a Marin County jail, where he was booked on suspicion of a DUI (CA Vehicle Code §23152(a)).  This should have been the end of the story. Arnone would have...

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Santa Rosa Dog Owner Loses Appeal in Pet Attack Case (CA Penal Code §399)

Armando Flores of Santa Rosa found himself in a bit of a pickle after a state appeals court upheld his conviction pursuant to CA Penal Code §399 (failure to control a “mischievous” pet by using “ordinary care”).  The original incident occurred in December of 2011, when Flores’s pit bull “Blue” somehow got loose from the chain he was attached to in the owner’s front yard.  A nearly 90-year-old man, Flores’s neighbor, was evidently in his own yard that day with his black lab, which Blue promptly went after.  The elderly man proceeded to hit Blue with his cane, causing the...

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Valley Springs: 12-year-old Arrest in Leila Fowler Murder (CA Penal Code §187(a))

When Leila Fowler (8) was found stabbed to death in the kitchen of her family’s ranch style home, it was her brother (12) who seemed most upset.  Now, the young boy has been arrested in connection with the case pursuant to CA Penal Code §187(a), even though there seems to be little evidence to support this.  By all accounts, including the testimony of the children’s mother, the Calaveras County Sherriff’s Department is grasping at straws.  The boy’s original testimony was that a strange man with silver hair had broken into the home, killed Fowler, and run – that his sister...

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Defense Attorneys Now Better Positioned to Assist Clients

The state of California has learned a bit of a lesson from history.  Recently, a Second District Court of Appeals decision has strengthened the defense attorney-client relationship by making it almost as airtight as a therapist’s relationship with their patient.  It could be argued that this debate has been ongoing – at least since the 1974 and 1976 Tarasoff v. Regents of the University of California I & II.  In what came to be known as the “Tarasoff Case,” a fellow student from India – Prosenjit Poddar, murdered a young woman by the name of Tatiana Tarasoff.  Although Tarasoff had...

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Vacaville High School Teacher Accused of Lewd Acts with a Minor (CA Penal Code §288)

After several interviews and checking the text messages on the phone of a young girl, a warrant was put out for the arrest of Rodney Orosco, 47, an English teacher at Vacaville High. Orosco turned himself in to authorities upon learning of the warrant, but it remains to be seen whether he acted in a manner inappropriate enough to justify the charges against him. In the state of California, Penal Code §288 covers “lewd acts with a minor” and, in cases like that of Orosco, the mind of the public goes to the worst possible places – that the child’s sexual...

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