Author: Lawrence Wolf

Attorney Lawrence Wolf provides strong legal representation for Criminal Defense and DUI Defense Cases.

Lawyers Must Retain Their Right to Advertise

Lawyers who take advantage of the media’s many advertising methods have recently come under fire. It’s been argued that advertising on radio, and especially television, places the profession in an unsavory light.

But used properly, media advertising can be valuable to criminal defense attorneys trying to make themselves available to a wide audience and to potential clients.

I spoke with Jeffrey Berns of Berns & Ghiglia in Canoga Park about their extensive advertising campaigns, their advertising philosophy and their results. For every fifty inquiries Berns & Ghiglia receive from a radio ad, one is secured as a client; yet, during the free consultation, the other 49 callers often receive valuable guidance as they are apprised of their rights.

Berns & Ghiglia and my firm have found radio advertising to be more cost effective than television since it has fewer production requirements. Radio also has proven to reach our target audience in their homes, offices and – perfect for Southern California – their cars.

Signs of a Staged Accident or Police Sting

Police who operate insurance fraud stings search for specific signs when attempting to ensnare criminal defense attorneys and other professionals. Additionally, staged accidents do not appear criminal in any way. Attorneys who miss the less obvious signs may imperil their profession and practice.

The following signs are considered as red flags by police investigators and will trigger further investigation by them. If you encounter these signs, consider the case carefully. You may want to report your suspicions to an insurance fraud hotline after consulting with legal counsel. (See “Insurance Fraud Hotlines,” on the other side)

  • The driver of a vehicle admits to no injury, yet asks to be referred to a doctor.
  • A second vehicle involved in the accident does not exist.
  • The second vehicle was driven by the client’s friend or relative.
  • Repeat clients who appear to be “accident prone.”
  • Clients medical claim request is disproportionate to the property damage sustained.
  • The client requests an advance on a potential settlement before agreeing to retain your services. Such clients may approach three or more California criminal defense attorneys with the same request. It is, of course, illegal to pay a third party for a case.

Don’t become a victim of a staged accident or the target of a police sting!

2 Marines Accused of Murdering a Third Marine over Drug Money

A recent story in the LA Times details a story about two Marines stationed at Camp Pendleton who will be arraigned on Friday, July 25th on charges of murder. Authorities believe that the two men shot a fellow Marine over stolen drug money.

Lance Cpl. Christian Carney, 21 of Manorville and Pvt. Alvin Lovely, 20 of Dallas are accused of killing Pvt. Stephen Serrano, 20 of El Dorado, Calif., on May 13 because they believed he had stolen money they had made while selling cocaine and ecstasy during their time at Camp Pendleton.

A third, unnamed marine, was taken to a secluded area of San Clemente, CA by Carney and Lovely and forced to divulge the identity of the thief who had stolen the money. Fearing for his life, the unidentified Marine named Serrano. Serrano was then taken out to the same secluded location and shot 4 times, his body was found 2 days later by a biker.

As always, it is of the utmost importance to remember that all of those accused of crimes in this country are presumed innocent until proven guilty. If the facts of this case, however, turn out to be accurate, this is a truly tragic story. What makes it even more shocking and regrettable is the fact that Marines are involved.

California Insurance Fraud Places Attorneys Under Siege

Attorneys have become the targets of police stings as the result of law enforcement’s crack down on insurance fraud.

Law enforcement is reacting to an outcry of employers and citizens who have been hit in the pocketbook by insurance fraud.

California law now broadly defines fraudulent activity, expanding an attorney’s vulnerability to prosecution. Since the law’s enactment, extensive funds to combat fraud have now become available. The result is that Los Angeles criminal defense attorneys are under siege.

“We’ve stepped up siege and fraud investigation considerably,” reports Denis Zine, Traffic Enforcement Supervisor with the Los Angeles Police Department. “Our investigations are starting to target teams of lawyers, doctors and front men who operate fraud mills. Unfortunately, there is no way for lawyers to spot signs of a sting operation.”

License Suspended in California?

Did you know that there are news ways to get a drivers license reinstated?

Not everybody who is convicted of drunk driving in California is a hopeless case. Sometimes there are special circumstances as well as successful rehabilitation.

Normally a person who receives a second conviction for drunk driving will lose their drivers license for one year. However, there is a procedure, unknown and unused, that can result in reinstating their driver’s license after only six months.
(Please feel free to call us for specifics.)

California Criminal Defense Attorney Checklist

Keep This On Hand for the Midnight Phone Call

If your client ends up in jail, you may get a frantic midnight phone call. If that person is a celebrity, the situation could be even more delicate.

Here is a helpful list to keep at your home and office to make sure that everything is covered:

– Urge your client to stay calm. Assure them that you or an experienced criminal defense attorney will help them.

– Advise them to maintain a polite, well-mannered demeanor with the police. It won’t help to antagonize anyone.

– Advise them to resist asking for special treatment.

– Get your clients location and booking number.

– Get the name and phone number of a family member.

– Advise your client not to make any statements before consulting further with you or with an attorney who is experienced in dealing with the matter at hand.

– Assure your client that if you are not the appropriate criminal defense attorney, you will contact someone who is.

– Advise your client of the name and number of a good bail bonds-man. (Feel free to call us for a reliable referral.)

California Criminal Defendant Tips

Tip Your Client: A Little Knowledge May Diffuse a Dangerous Situation

Advise Your Clients:

It is critical to contact an experienced criminal defense attorney immediately upon being contacted by any individual involved in law enforcement. Never wait to see what develops or hope that it just goes away.

Carrying a firearm within the interior of a vehicle is legal only if the firearm is unloaded and not concealed.

If stopped for “driving under the influence” in Los Angeles, you are not required to take any field sobriety test (touch the nose or walking a straight line). However, you are required to submit to a chemical test.

Not to make any statements to the authorities at the scene of an accident or arrest. You may not realize how your statements can be used against you. Situations such as these call for a lawyer who will deal with the police most cautiously.

Any involvement in a hit and run is an involvement in a crime. You should call an attorney for criminal advice immediately.

Criminal Fraud in Hollywood – Beware of Rackets, Cheats and Scams!

The entertainment industry is a fertile field for fraud. Between the psychological attraction of fame and fortune and the undeniable opportunities for talented people to make large sums of money, which they may have difficulty keeping track of, Hollywood abounds withcrimes of fraud. Unfortunately, much of it goes unreported.

Since avoiding these situations is often preferable to reporting them, here are some of the rackets, cheats and scams to warn your clients about and hopefully some ways to prevent them:

Embezzlement. Unfortunately, “creative types” tend to disengage themselves from the details of their financial affairs, placing equal amounts of trust and temptation at the feet of one person. That person is often called a “Business Manager.”

Robert Youngdahl, Los Angeles Deputy District Attorney for the Major Fraud in the Entertainment and Motion Picture Division, reports that fraud is more often brought to light during recessionary times.

California Family Court Has No Duty to Warn Against Perjury

The situation often arises where an attorney has a client in a spousal or child support hearing who is called to testify as a witness regarding their ability to pay their wages in substantiation of support payments. Recent cases have shown that it is prudent to advise one’s client of his rights against compelled self-incrimination, as established by the Fifth Amendment and the ramifications of perjury because the family court has no legal obligation to issue such warnings during the proceedings.

Authority was established in People v. Berry, C.A. 4th No. D0114717 (91 Daily Journal D.A.R. 6604), where it was held that a family court does not need to inform a parent in family court of his Miranda rights before testifying.

In that case, the father, Michael Berry, was in a child support modification proceeding where his payment was reduced and set to be taken from his wages. At a later hearing, he testified under oath that the money was being taken from his pay although the County had no record of receiving it.

When testimony showed that those statements were false, he was subsequently tried and convicted for perjury. He appealed claiming that his appearance on an “Order to Show Cause” created a duty on the part of the court to advise him of his Fifth Amendment rights before he testified. He contended that since any testimony that showed noncompliance with the original order might subject him to contempt proceedings, the family court review hearing should be considered the equivalent of a criminal matter.

However, since there were no circumstances present that would have indicated to a judge that Berry was giving anything but truthful testimony, it was held that the court was under no duty to advise Berry of his Fifth Amendment rights.