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Recent Blog Posts in September 2010

September 30, 2010
  Schwarzenegger Signs Bill Allowing Medical Parole
Posted By Admin

Governor Schwarzenegger signed a bill Tuesday allowing the state to parole comatose and physically incapacitated inmates. Under the measure, state prisons will be able to release comatose and physically incapacitated inmates on medical parole. According to the governor the bill requires a screening process to ensure public safety.  "The state currently wastes millions of dollars guarding physically incapacitated inmates in comas or in similar conditions that pose no threat to the safety of others," Schwarzenegger said.

According to a court-appointed federal healthcare receiver for the state prison system, thirty-two inmates are expected to be immediate candidates for medical parole.  Of those thirty-two, 21 are housed in nursing homes or hospitals. Sen. Mark Leno (D-San Francisco) said that eventually up to 1,000 inmates may be eligible for medical parole.  The measure was approved over the objection of some Republican lawmakers who argued that it might result in the release of too many inmates to cut costs. Schwarzenegger responded by stating that any release would have to be approved by the state Board of Parole Hearings, and offenders sentenced to death or life without parole would not qualify.

If you or someone you know needs legal representation,contact our office today. The Hedding Law Firm is comprised of experienced, reputable criminal defense attorneys who are dedicated to our clients and their individual cases.

Continue reading "Schwarzenegger Signs Bill Allowing Medical Parole " »

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September 29, 2010
  A 20 Year Old Man Arrested for Having Sex With a 15 Year Old Girl
Posted By Admin

On Friday a girl told the San Diego county sheriff’s department that she was abducted and sexually assaulted by three men. Over the weekend composite drawings of the alleged attackers were released. But on Monday, the girl admitted to police that she had fabricated the story because she was ashamed that she had sex with a man she met over the internet.

On Tuesday night, police arrested Jose Adrian Cano. Cano has been jailed on suspicion of contacting a minor over the internet with the intent of having unlawful sexual intercourse with a minor, and committing a sex crime. Detectives searched Cano’s home and believe that there may be more underage victims.

Under Penal Code 261.5, statutory rape takes place when an adult (18+ years of age) engages in sexual intercourse with a person under 18 years of age. Statutory rape is commonly referred to as unlawful sexual intercourse with a minor. Depending on the circumstances, this offense may be charged as a misdemeanor or a felony. Having a Los Angeles criminal attorney who specializes in defending against California sex crimes is critical to safeguarding your rights and protecting your freedom.

If you or someone you know is facing statutory rape charges,call our office today at (818) 986-2092. At the Hedding Law Firm we provide exceptional legal advice and representation to individuals facing a sex crime charge in California.

Continue reading "A 20 Year Old Man Arrested for Having Sex With a 15 Year Old Girl" »

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September 29, 2010
  DNA Testing Clears a Man Convicted of Rape
Posted By Admin
258 people have been exonerated by DNA testing, pressuring criminologists to find out what exactly went wrong in those cases.  A big focus is being put on faulty eyewitness testimony. Over 75% of these men were convicted in part because someone pointed to the wrong person. An even more interesting fact is that in all cases where the eyewitness was wrong, the real perpetrator wasn't in the initial line-up. This raises a huge question; can eyewitness testimony be trusted?

A CBS 60 Minutes report highlights a very sad and unfortunate case, where a man's freedom is taken away because of his resemblance to a perpetrator. On the night of July 28, 1984, 22-year-old Jennifer Thompson's home was invaded and she was raped. As the rapist was violating her, Thompson studied his face and tried to remember anything she could about him so that, if she lived, she could later identify him. Thompson somehow convinced the rapist to allow her to make him a drink, and that is when she escaped.

Jennifer Thompson assisted Detective Gauldin in developing the sketch of the supposed perpetrator. The sketch went out into the public, and people began to submit tips. Amidst all the tips that came in, one of those was about Ronald Cotton. Detective Gauldin later called Thompson in to do a photo lineup, where after studying each photo carefully, Thompson picked up Ronald Cotton's photo and claimed that he was the man that raped her. Thompson later picked cotton out again in a physical line-up. During this time Cotton had given his alibi to the detective, and his alibi turned out to be faulty. During a week long trial, the court heard about Cotton's false alibi, and other evidence was presented as well. Cotton seemed to own the same clothes the perpetrator wore and a piece of foam found in Thompson's home seemed to come from Cotton's shoe. All the signs seemed to be pointing to Ronald Cotton, and to the detriment of his defense, when Jennifer Thompson was asked in court if she recognized her rapist, she pointed to Cotton and said his name. 22-year-old Ronald Cotton was handcuffed and sent to prison.

One day a new inmate came in who looked very familiar. This man was Bobby Poole and he was in for rape. Cotton questioned him, asked him who he was, where he was from, and when Cotton realized the man was from the same town as he was from, Cotton asked him if he was the man that raped Jennifer Thompson. Poole denied being Thompson's rapist, but Cotton later heard from another inmate that Poole had admitted to being her rapist. Cotton was able to win a new trial and his criminal defense attorney brought Poole to the stand. But Thompson held her claim that Cotton was her rapist, and Cotton was then convicted of two life sentences. Seven years later, Cotton hears about the OJ Simpson trial and learns about DNA. Cotton wrote to his criminal defense attorney and told him he wanted another trial and wanted to be tested for DNA. The DNA testing was done and after 11 years, Cotton found himself back in court but this time he left the court a free man. The DNA tests showed that Cotton was not Thompson's rapist, but that in fact Bobby Poole was.

If you are being wrongfully accused of committing a sex crime, we understand that you are probably very worried, confused, and scared, but we are here for you. At The Hedding Law Firm, Our skilled Los Angeles sex crime criminial defense attorneys will investigate the facts surrounding your case, contest evidence presented against you, and place every effort into your defense. Don't hesitate to call us today at (818) 986-2092.

Continue reading "DNA Testing Clears a Man Convicted of Rape" »

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September 27, 2010
  Underage DUI: The Zero Tolerance Law
Posted By Admin

Data found on the total DUI arrests for 2008 show a total of 214,828 DUI arrests in California, and out of those 1,468 were not of the legal drinking age.  Under the "Zero Tolerance Law", anyone under the age of 21 with a Blood Alcohol Content (BAC) of 0.01% or more, will be charged with a DUI. Underage drivers with a BAC of 0.05% of greater could be charged with an underage DUI and a regular DUI and is subject to arrest for a DUI.  On average, to reach a BAC of 0.01% would mean you would have to drink either one 12 ounce beer, one 4 ounce glass of wine, or one 1.25 ounce of liquor. Most likely any one of these could put you over the 0.01% and closer to 0.05% BAC.

If convicted, drivers under 18 years old will loose their license for one year or until they turn 18 years old. A judge may also choose to confiscate the underage driver's vehicle. In all cases the driver will have to pay fines of several thousand dollars, and attend driver's safety and alcohol abuse related classes. Subsequent convictions will lead to harsher penalties.

Anunderage DUI is a very serious offense. Here at The Hedding Law Firm we are prepared and experienced in handling many DUI cases and we understand that your freedom is important.  If you need assistance with your DUI case, call us today at (818) 986-2092.

Continue reading "Underage DUI: The Zero Tolerance Law" »

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September 27, 2010
  23 Year Old Man Found Guilty on Three Counts of Murder
Posted By Admin
 

After deliberating since Thursday, the jury returned the verdict for Andrew Gallo today. He was found guilty in the deaths of Los Angeles Angels pitcher, Nick Adenhart, and two others. He was also found guilty on other charges, including hit-and-run and driving under the influence of alcohol and causing great bodily injury.

Gallo was driving with a suspended license at the time of the crash, and his blood-alcohol level was almost three times the legal limit. In May of 2006, he had pleaded guilty to drunk driving. As part of his plea deal, Gallo had agreed that he could be charged with murder if he continued to drive drunk and killed somebody.

In California, you could be charged with a felony DUI, if someone was injured or died while you 1.) drove under the influence, 2.) either committed an additional vehicle code violation or drove in an otherwise negligent manner. Prosecutors can charge you with a felony DUI in one of three ways.

  1. Under California Vehicle Code 23513 VC - Driving under the influence causing injury,
  2. With DUI vehicular manslaughter, or
  3. With DUI second-degree murder

Which felony DUI you will be charged with depends on your criminal history and the unique facts of your case.

If you are facing felony DUI charges, call The Hedding Law Firm today at 818-986-2092! Our Los Angeles DUI attorneys will gather all necessary information related to your case and place every effort into your defense.
Continue reading "23 Year Old Man Found Guilty on Three Counts of Murder " »

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September 09, 2010
  9-Year-Old Son Recounts Parents' Murder, Culprit Finally Found
Posted By Admin
On the night of May 20, 2009, parents of Joshua Packer, Brock and Davina Husted, were stabbed to death in their home in the Faria Beach Colony, but Husteds' two children were not harmed during the attack. Brock Husted, 42, was in charge of a Santa Barbara wrought-iron business. His wife, Davina Husted, 42,  was active in a women's philanthropic organization -- the National Charity League.

On the night of the murder, a gunman dressed in black -- wearing a motorcycle helmet to conceal his face -- forced the family to the ground, demanding jewelry and money. Davina Husted told her son to hand over her and Brock's wallets to the intruder. Shortly after, the boy saw his parents walk down to the back room with the intruder behind. He later heard his mother shriek and saw the killer escape. When the boy went to check on his parents he saw that they had bled profusely as well as the kitchen butcher knife that had been used to murder his parents. The boy then went to find his sister, and the two decided to escape through their parents' bathroom window to call for help.

Unsolved for almost a year, detectives were finally able to tie a culprit to the murder -- 20-year-old Jonathan Packer. Detectives were able to link him to the crime because of the DNA evidence left on a motorcycle helmet visor they found. Packer was arrested earlier this year for armed robbery of a gas station. In April he was charged robbery and burglary, as well as three counts of murder. His trial is set to take place in March.

An accusation of murder is one of the most serious charges a person can face. In California, for intentional homicide you will be facing either a first or second degree murder charge. First degree murder is when an intentional death results due to malice aforethought, premeditation, on the part of the killer. Second degree murder is a homicide that is intentional, without malice or premeditation, and takes place in the heat of passion, such as in a domestic violence situation. Both 1st and 2nd degree murders are felony offenses in the state of California and will be punished severely.

Your constitutional rights are very important to us! We will fight to obtain the best outcome for your particular case. Contact a lawyer at the Hedding Law Firm today for a free consultation regarding your murder case.
Continue reading "9-Year-Old Son Recounts Parents' Murder, Culprit Finally Found " »

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September 08, 2010
  Former Police Officer Faces Trial On Charges Of Rape, Sodomy, Vandalism
Posted By
On February 26, James Roberts III, a former Huntington Beach police officer, plead not guilty to vandalism, criminal threats, rape, domestic battery, false imprisonment by violence or deceit, aggravated assault, dissuading a witness, and forcible sodomy. Roberts was charged with alleged acts against his wife, an alleged mistress and another man while serving as an officer with the police department. Superior Court Judge Richard J. Beacom decided to move forward with the case once he had heard testimony from Roberts' ex-wife and Orange County investigators, upholding 19 of the 20 felony charges filed by prosecutors. If Roberts is convicted on all of these charges, he could face up to 23 years in prison.

Being accused of or investigated for any type of sex crime or assault & battery can be devastating. Many people often find themselves wrongly accused and do not know where to turn in order to protect their reputation and their future. At the Hedding Law Firm we provide exceptional legal advice and representation to individuals facing these crimes in California. We are board certified criminal defense attorneys and can aggressively defend your rights in both state and federal court. At the Hedding Law Firm, we thoroughly understand the serious nature of these crimes and the severe penalties they may carry and have only your best interests in mind.

At the Hedding Law Firm we represent all types of complex crimes cases. We understand that being accused of committing a crime is an extremely serious legal issue and that your case will need the care and attention of a knowledgeable criminal defense attorney. At the Hedding Law Firm our Los Angeles lawyers will properly defend your rights and your freedom.
Continue reading "Former Police Officer Faces Trial On Charges Of Rape, Sodomy, Vandalism" »

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