San Diego Criminal Defense Lawyer Blog

San Diego Ex-Padre pleaded no contest to his misdemeanor assault charge Thursday.

Kevin Mitchell, 49, was charged with a misdemeanor for attacking a Leonard Lerma last summer on a South Bay golf course. The defendant was a third baseman for the Padres back in 1987 and in 1989 was named the National League’s Most Valuable Player while he played for the San Francisco Giants. July 21, 2010 Mitchell was charged with assault with force likely to cause great bodily injury for attacking Lerma on the 13th hole of the Bonita Golf club. The former Padre Player pleaded no contest to the charge. He is scheduled to be sentenced on April 4 at the South Bay Courthouse where he is looking at a $1,000 fine and a maximum of one year in jail.

According to the Deputy District Attorney Sherry Thompson, Mitchell first slapped the victim then hit him another three times. Thompson also says that it is unclear as to what motivated the attack. Last year at a preliminary hearing, Lerma testified that the defendant, who was playing in a separate group, drove up in a golf cart and confronted him. According to Lerma’s doctors, he had suffered a concussion. Mitchell’s no contest plea means that he neither admits nor denies the charges and can have the same direct effects as a guilty plea.

This is not the defendants first run in with the law. In 1989 Mitchell’s former girlfriend sued him for beating her and threatening her with a gun. Mitchell completed a domestic violence diversion program in which got the criminal charges dropped.

Ex-Padre Pleads No Contest To Assault Charge, 10news.com, March 3, 2011

Continue reading "San Diego’s Former Padre Player Pleads No Contest Assault Charge" »

On Wednesday in Los Angeles, a Superior Court Judge, Keith Schwartz, gave Lindsay two options and either decision could result in jail time.

Lohan could either fight or accept a plea deal for stealing a $2500 necklace from an expensive jewelry store. Ultimately, the twenty four year old actress decided to plead not guilty. In Los Angeles, around Venice, a store reported that a $2500 necklace was missing when the necklace all of a sudden showed up to detectives by an undisclosed associate of the young, troubled actress.

Since May, there was always the slight possibility that Lohan could have returned to jail since she failed to appear at her DUI court hearing which resulted in the judge withdrawing her probation. Last year alone, the Parent Trap star was sentenced to rehab twice as well as jail twice. Her punishment was cut short due to overcrowding in the jail. Judge Schwartz revealed that Lohan needs to “get her life back on track” and that she should be given a new sobriety sponsor as well as psychological counseling.

Last year the actress failed her drug test which landed her three months of treatment. Lohan’s father believes that his daughter’s actions were the result of his divorce from her mother. Her behavior has really taken a toll on her professional career when she lost the part of Linda Lovelace for an upcoming film and has not had any work for almost four years ever since she was charged for driving under the influence of alcohol and possessing cocaine.

Judge Tells Lohan Day Of Reckoning Coming Soon, San Diego 10 News, February 25, 2011

Continue reading "Troubled Lohan Recieves Possibility of Jail Time" »

An ex-NASCAR driver who was jailed after leading San Diego police on a high speed chase was arrested again on suspected rape charges just hours after being released.

Two weeks ago James Neal, 56 was arrested after leading police on a chase at speeds up to 140 mph while driving recklessly in his Corvette down a San Diego freeway. After his release from an Orange County jail on Monday, Neal went to the apartment of a woman whom he had met once before.

After a report was made to police that a man and a woman were fighting, police were launced to the 55 year-old woman’s apartment. According to Sheriff’s spokesman Jim Amormino, “The woman said James Neal had attempted to rape her and would not leave.” “He is being charged with attempted rape and false imprisonment, and this was 4-1/2 hours after being released from jail,” said Amormino.

The former NASCAR racer spent two weeks in jail after pleading guilty to a misdemeanor count evading police while driving recklessly.

Ex-NASCAR Driver Faces Rape Charges Hours After Jail Release, SanDiegoNews.com, May 31, 2010

Continue reading "San Diego High Speed Chase Arrest of Former NASCAR Driver Arrested Again" »

A man who allegedly stalked The Hills reality TV show’s star in the past has been arrested again on suspicion of stalking Audrina Patridge at her Hollywood home on Friday, according to Los Angeles police Sergeant Kyle Kirkman.

Patridge who attended Comic-Con in San Diego last July, and her brother Mark have a 3 year restraining order against 24 year-old Zachary Loring of Petaluma that was granted by Judge David S. Cunningham in Los Angeles Superior Court last September. On Friday, Loring was arrested after knocking on her door at her home in the Hollywood Hills.

The suspected stalker who was ordered to stay at least 100 yards away from the “Sorority Row” star had been arrested last September for disturbing the peace and on two outstanding warrants for vandalism in Sonoma County, according to the Sonoma County Sheriff’s Department.

Loring, who according to jail records did not specify if he had a criminal defense attorney, was arrested on Friday on violating a court order and on suspicion of stalking. His bail is set at $150,000.

Audrina Patridge's Accused Stalker Arrested Again, Fox 5 San Diego, February 19, 2010

Audrina Patridge's accused stalker arrested in LA, Sign on San Diego, February 19, 2010

Continue reading "“Hills” Star Audrina Patridge Alleged Stalker in Custody" »

San Diego Former Padre was taken into custody then later released on bail after police arrested him for allegedly assaulting his wife.

Marcus Giles was arrested for spousal battery after police were called out by a California Highway Patrol officer around 3:15 a.m. in El Cajon at the intersection of Greenfield Drive and Interstate 8 where the alleged El Cajon spousal battery occurred, according to ECPD Lt. Fenton Sue

Giles wife, Tracy, 30, told the CHP officer that her husband had abused and assaulted her in the car and wanted to place him under citizen’s arrest. The second baseman’s wife was not taken to a hospital for injuries, said Lt. Sue.

The former San Diego Padre, who also played for six seasons with the Atlanta Braves graduated from Granite Hills High School in El Cajon. Giles, who is now a resident of Alpine, was booked on suspicion of domestic violence in San Diego’s downtown jail. Giles was later released on bail.

Former Padres Player Marcus Giles Arrested, San Diego 6 The CW, October 7, 2009

Continue reading "San Diego Former Padre Arrested For Suspected Spousal Abuse" »

San Diego Chargers Shawne Merriman was arrested at his home in Poway on suspicion of felony battery and false imprisonment for allegedly choking MTV reality star Tila Tequila on Sunday.

According to San Diego County Sheriff’s deputies, 27 year-old Tila made a 911 call at 3:45 a.m. stating that the Chargers outside linebacker choked her, threw her on the floor and physically restrained her from departing his home in Poway.

Tequila was taken to Pomerado Hospital where she was reported to be in good condition. “Deputies did not observe any injuries to her, but she wanted to go and that is her right,” said Jan Caldwell, spokeswomen for the Sheriff’s Department.

“During the evening, Ms. Tequila was extremely intoxicated, inebriated and Mr. Merriman did everything he could to assist her in arranging for transportation to leave his home,” said Todd Macaluso, criminal defense attorney for Merriman, to reporters. “At no time did Mr. Merriman assault her; at no time did Mr. Merriman keep her against her will. His intentions were nothing but good.”

Merriman, 25, was taken into custody and later released. Police are still investigating the domestic incident. Formal charges have not been made pending the District Attorney’s office investigation.

In a statement said by San Diego Chargers General Manager A.J. Smith, “It’s disappointing to hear about the issue regarding Shawne Merriman.” “We’ll continue to monitor the situation and let the legal process run its course.”

CHARGERS: Merriman arrested in domestic incident, North County Times, September 6,2009

Continue reading "San Diego Chargers Outside Linebacker Shawne Merriman Arrested" »

A grand jury has indicted a former quarterback for the San Diego Chargers on drug and burglary charges.

Ryan Leaf, 33, was charged Wednesday with one count of burglary to a dwelling, seven counts of obtaining a controlled substance by fraud and delivery of a simulated controlled substance.

According to police Lt. Dale Davis, Leaf is suspected of stealing Hyrdrocodone, on October 30 from a Canyon, Texas apartment. The painkiller was prescribed to a football player who had been injured. “There were signs of a forced entry, a window in the back of the home was damaged,” said Lt. Davis.

Leaf has recently been in a drug treatment center in British Columbia. He has not yet returned to the United States, according to James Farren, Randall County criminal district attorney.

“We have not found any evidence implicating anyone other than Mr. Leaf in this case… but believe there’s additional evidence implicating him in other events,” said Farrin.

Former Chargers QB Indicted on Drug and Burglary Charges, San Diego 6 The CW, May 21, 2009

Leaf in rehab in British Columbia, ESPN, May 21,2009

Continue reading "Grand Jury Indicts Former San Diego Chargers Quarterback on Drug and Burglary Charges" »

A guilty verdict for legendary rock music producer Phil Spector, who was convicted today with second - degree murder in the fatal shooting death of actress Lana Clarkson at his mansion six years ago.

After 30 hours of deliberation, the Superior Court jury concluded that Spector, 69, murdered 40 year-old Clarkson just hours after meeting her at a Sunset Strip nightclub where she was a hostess.

As the verdict was read, Spector who has worked with recording artists such as the Beatles and Tina Turner, remained stoic while his young wife Rachelle wept.

Spector’s criminal defense attorney requested that he remain free on bail until sentencing. Judge Larry Paul Fidler rejected the request and ordered him into custody immediately. “Public safety and public protection are paramount,” Fidler said.

According to prosecutors, Spector had a history of threatening women with guns when they tried to leave his presence, especially if he was drunk.

“Every single fact says this is a self-inflicted gunshot wound,” defense attorney Doron Weinberg argued. “How do you ignore it? How do you say this could have been a homicide?”

Prosecutor Alan Jackson said the one word that could sum up Spector’s motive for killing Clarkson is: “Rage”.

Spector could be facing 15 years to life for the murder of Clarkson.

Spector guilty of 2nd degree murder, Sign on San Diego,April 13, 2009

Phil Spector convicted of second-degree murder, Los Angeles Times, April 13, 2009

Continue reading "Second Degree Murder Conviction for Phil Spector" »

Word on the street is that Amy Winehouse, famous for her “Rehab” song, will appeal the October 2007 drug charges against her and her husband. Winehouse and her hubby, Blake Fielder-Civil, were arrested in Bergen, Norway after they were found in possession of marijuana. They both paid a fine of $429 for the seven grams of marijuana but later alleged that the police made some mistakes.

Winehouse’s defense attorney has said that paying the $429 could be interpreted as a guilty plea and may create issues for Winehouse if she tries to enter the United States.

According to The Times of London, a police prosecutor has stated publicly that Winehouse must appear in court on January 12 to appeal the drug charges or her appeal will most likely fail.

Winehouse may appeal drug charges, UPI.com, January 1, 2009

Continue reading "Amy Winehouse Rumored to Appeal Drug Charges" »

TMZ.com reported that Michael Vick, the Falcons quarterback who was convicted on felony dogfighting charges, managed to spend $201,840 the same day he reported to jail. Perhaps it’s no coincidence that Vick, who was once the NFL’s highest paid player, is also filing for bankruptcy.

His expenses on the day he reported to jail included buying a new Mercedes ($99,000) and spending $10.940 on what TMZ called “miscellaneous last minute impulse buys.” Though Vick’s assets are worth around $16 million, his liabilities total $20.4 million.

Vick is currently serving a 23.month federal term, but because he pleaded guilty in Virginia to a state charge of dogfighting, he may be eligible for an early release from prison to a halfway house six months into his sentence, since federal law prevents prisoners from being released to a halfway house while they have charges pending.

Vick will complete his sentence on July 20, 2009, and he is expected to apply for reinstatement to the NFL. League officials would not comment on the case.

Vick's Incarceration Day Shopping Spree, TMZ.com, December 7, 2008

Michael Vick pleads guilty to state dogfighting charge, Seattle Times, November 26, 2008

Bankruptcy records detail Vick’s spending, BradentonHerald.com, November 22, 2008

Continue reading "Vick Blows $200K and Reports to Jail on the Same Day" »

Today actor Keanu Reeves, famous for starring in “The Matrix” movies, went to court. A paparazzi photographer is attempting to sue Reeves, claiming that the actor knocked him down when he pulled his Porsche out of a parking spot in March of 2007.

Plaintiff Alison Silva filed a lawsuit against Reeves last November, alleging that the injuries he sustained during the incident diminished his job prospects and his ability to earn a living. During today’s proceedings, Silva’s attorney told the jury that his client’s current medical expenses are about $40,000, but that future surgery and health care could add another additional $50,000.

Reeve’s defense attorney countered that Silva’s story is inconsistent and that he has told at least five different versions of the incident. In one version, he told someone he did not know what happened. Both Silva and Reeves will testify in court tomorrow.

Opening Statements Given in Civil Suit against Keanu Reeves, MyFoxLA.com, October 27, 2008

Civil trial of Keanu Reeves begins in LA, Associated Press, October 27, 2008

Continue reading "Keanu Reeves Stands Trial in California" »