Monthly Archives

January 2017

Oscar De La Hoya Hit With DUI In Pasadena


While reading the Sports section of today’s LA Times, I discovered the CHP arrested Oscar De La Hoya for DUI. The article says The Golden Boy, “was stopped about 1:57 a.m. for speeding in Pasadena in his Land Rover, an officer detected an odor of an alcoholic beverage, and took him into custody after failing field sobriety tests.”

“As for his [blood-alcohol concentration], he was over the legal limit,” according to CHP spokesperson Officer Xavier Bejar.

Former House Speaker Wants Money Back


Former Speaker of the United States House of Representatives Dennis Hastert wants the man who accused him of sexual abuse to return $1.7 million in so-called hush money. Hastert was sentenced to 15 months in federal prison for illegally structuring bank withdrawals to avoid reporting requirements.

Federal prosecutors believe Hastert sexually abused several male students when Hastert was a wrestling coach. However, the statute of limitations to file sexual abuse charges had run. Federal prosecutors went with an alternative option for holding Hastert accountable, which was indicting him for banking violations.

OC DA Prosecutes Wrong Woman, Press Fails To Hold DA Accountable


The LA Times reported the Orange County District Attorney extradited a woman from Arizona to Orange County to face 10 felony charges, including false imprisonment, kidnapping, perjury, forgery, and 22 misdemeanor counts.

Buried in the story, however, is the real story the reporter should have highlighted: The DA’s office had (twice) arrested the victim in the case and filed 10 felony charges against her, causing the victim to spend 88 days in jail and the possibility spending the rest of her life in prison.

When someone who’s innocent … gets arrested and charged with a crime, that’s not just a bad day — it’s a nightmare.” Orange County District Attorney Tony Rackauckas.

No apology. No admission of doing anything wrong. No acceptance of responsibility. The DA merely confirmed what the victim told reporters about the experience being “such a nightmare for me.” However, why would the DA say anything differently if the press refuses to hold him accountable?

Los Angeles City Attorney’s Office Prosecutes Talent Agents


The LA Times reports the Los Angeles City Attorney’s Office has filed a seven-count criminal complaint against two men who operate a Beverly Hills-based talent agency, alleging they have violated the Krekorian Talent Scam Prevention Act.
The defendants were also charged with petty theft, attempted grand theft and criminal conspiracy. If convicted, each could face up to four years in the LA County jail and $33,500 in fines. The arraignment has been set to take place in Los Angeles Superior Court.

VW Exec Charged With Federal Crimes


VW’s general manager has been charged with fraud and conspiracy to defraud the United States for not disclosing a cheating device used to rig U.S. diesel emissions tests.
He was arrested in Florida according to the New York Times.
The complaint supported by an FBI investigation accuses VW of deliberately misleading regulators, but does not charge the company with a crime.

New Laws For California in 2017


Here are a few of the over 800 new laws Californians will wake up to in January 2017:

Marijuana Adult Recreational Use Law (Prop. 64).It is now legal under state and local law for persons age 21 or older to:

  1. Possess, process, transport, purchase, obtain, or give
    away to persons over 21 up to 28.5 grams of marijuana not in the form of concentrated cannabis,
  2.  Possess, process, transport, purchase, obtain, or give
    away to persons  21 not more than eight grams of concentrated cannabis products,
  3. Possess, plant, cultivate, harvest or process up to six
    living marijuana plants and possess marijuana products;
  4. Smoke or ingest marijuana or marijuana products,
  5. Possess, transport obtain, use, manufacture, or give
    away accessories to people over 21.

Driving under the influence – Ignition Interlock Device: Starting in 2019, a driving under the influence offender will be required to install an ignition interlock device (IID) on his/her vehicle for a specified time to get a restricted license or to reinstate his/her license. The law also removes the required suspension time before a person can get a restricted license, provided the offender installs an IID. The law extends the current four-county (Sacramento, Los Angeles, Alameda, Tulare) DUI IID pilot program until Jan.1, 2019, at which time all DUI offenders statewide will be required to install an IID to have their license reinstated.

Assault weapons: The new gun-control regulations broaden the definition of illegal assault weapons, require background checks for the first time for ammunition purchases and limit the lending of guns to family members. California bars purchasing, semi-automatic, centerfire rifles or semi-automatic pistols that lack a fixed magazine and have one of a number of features that include a protruding pistol grip or a folding or telescoping stock. If you already own one of these weapons, you must to register it.

Sex crimes: The definition of rape now includes “all forms of nonconsensual sexual assault.” And, sexually assaulting an unconscious person is now a crime with a mandatory prison sentence. Rape, sexual assault and other sex offenses committed in 2017 will no longer be subject to a statute of limitations.

Prostitution Divided into Three Categories:  (1) People who were getting compensation, (2) People who were giving compensation, and (3) People who agreed to give compensation to a minor for a lewd act, regardless of which party made the first solicitation.

Cybercrime: California Penal Code 523 now says putting ransomware on someone’s computer to extort money or other consideration is punishable as though that money or consideration were actually obtained. Punishment is a county jail felony for 2, 3, or 4 years.\

District Attorneys Falsifying Evidence: California Penal Code 141 now makes it a felony punishable as a county jail felony for 16 months or 2 or 3 years for a prosecuting attorney to intentionally and in bad faith alter, modify, or withhold any physical matter, digital image, video recording, or relevant exculpatory material or information, knowing that it is relevant and material to the outcome
of the case.

Juvenile Delinquency Law: Direct filing in adult court replaced by a “Judicial Transfer Process.” (Prop. 57). This replaces both direct filing by the prosecuting attorney, and the older, but similar, “unfit” process.

This is a brief summary by Attorney Richard Wagner of just some of the new laws for 2017. For best results, call Richard Wagner at (714) 403-6317 to discuss your case.