Recent Blog Posts

Red Light Traffic Tickets

Legal Assistant — Wed, 16 May 2012 15:35:00 GMT

If you live in the North County Area then you are familiar with red light cameras that are in Del Mar, Encinitas, Escondido, Poway, and Vista. They're meant to reduce collisions and make the public safe by stopping the dangerous practice of vehicles that run through red lights. These cameras are very controversial because many believe that it gives a private company to much power over law enforcement since the operator was paid based on the amount of tickets given. If you receive a ticket for running a red light, you can expect it to be a minimum of $480.

Attorney James N. Dicks specializes in Criminal Defense, but also handles traffic tickets of all kinds including red light camera tickets. During traffic trials, prosecutors usually present a photo of the person running the red light and bring in a police officer that has experience with the system. The problem with this however, is that the actual equipment and maintenance is outsourced from a private company. The Orange County Appellate Division ruled in People v. Kahled (2010) that the officer could not lay the required foundation for the accuracy of the red camera photographs, and without that foundation, the pictures were inadmissible.

However, the Los Angeles Appellate Division, which is not of equal jurisdiction, disagreed with Kahled and ruled in People v. Goldsmith that foundation was indeed established by the officer. Fortunately the Court of Appeals, which trumps all Appellate Division decisions, ruled in People v. Borzakian that without proper testimony, the maintenance logs (and therefore the photographs with text typed across the top) were not properly admitted. This however does not mean anything.

Unfortunately, the courts are split on the same issue, from two different divisions of the same Court of Appeal. The Supreme Court can grant a review on both, deny one, or retract both. Does this mean the documents are admissible? As of now, the answer is yes and no.

If you or a loved received a traffic ticket, call our offices today for a free consultation. Criminal Defense Attorney James N. Dicks has over 25 years of legal experience and he can help you.

Case Results: Dismissal on Robbery and Assault Allegations

Legal Assistant — Tue, 15 May 2012 15:56:00 GMT

Our office recently represented a client who was accused of robbery and assault to do great bodily injury. The defendant had been at a house party with his roommate, when the young man attacked our client and demanded $500 dollars. Our client was forced to fight him in order to escape. His roommate then proceeded to call the cops and accused our client of robbing him and attacking him. Our client got in to contact with our offices as soon as he realized he was being charged with these serious allegations. Criminal Defense Attorney James N. Dicks was able to speak to the prosecutor before the case was filed and got it dismissed.

Great Bodily Injury refers to physical injuries, not emotional or financial. Every case is different, but what the prosecutors, judges, and jury factor in is:

The severity of the injury,
The pain that was caused, and
Any required medical attention.

If you or a loved one has been charged with similar allegations, contact our offices today for a free consultation. Criminal Defense Attorney James N. Dicks has over 25 years of legal experience and he can help you. As a former police officer with the Los Angeles Police Department, he is able to provide a different perspective in to these types of cases.

Husband Planted a Pipe Bomb in Wife's Car

Legal Assistant — Mon, 07 May 2012 23:16:00 GMT

Lawrence "Larry" Hoagland, 50, was found guilty of premeditated attempted murder and other charges. He is accused of injuring his wife by planting a pipe bomb in her truck. On September 23, 2010 Connie Hoagland, 52, suffered serious injuries to her feet when the bomb went off causing the explosion to blow out the windows of the victim's 2003 Ford truck. Police found that although the victim had no enemies, she and her husband were $80,000 in debt and had filed for bankruptcy. It was reported that Mr. Hoagland was having an affair with a Pennsylvania women and that he was looking for a job in that state.

Public Defender Tom Palmer denied the allegations and said that his client did not build a bomb, did not design a bomb, and never meant to harm his wife. When evidence that Mr. Hoagland had searched the web for information on how to build a bomb, Mr. Palmer claimed that his client had only looked it up after he watched a movie regarding that topic. Investigators found numbers for prepaid cell phones linked to a bomb that had been found in the middle of the street on a road that the victim usually took.

If you or a loved one has been charged with premeditated murder, call our offices today for a free consultation. This is a very serious offense and you need to hire an experienced attorney. Criminal Defense Attorney James N. Dicks has over 25 years of legal experience and he can help you.

Woman Accused of Harboring a Fugitive

Legal Assistant — Tue, 01 May 2012 15:35:00 GMT

Omar Hernandez, 30, and 23-year-old Natalie Mejia were arrested after a 2-½ hour standoff with Escondido police. A Special Weapons and Tactics team arrested them after Hernandez fled from police. He was wanted on state and federal warrants for drug possessions, violating a gang injunction and alien smuggling. Police learned he was in a hotel room with two other women. One of the women surrendered but the other refused to come out. As a result, SWAT fired tear gas in to the room causing the suspects to come out. one of the suspects, Natalie Mejia is expected to face charges of harboring a felon and resisting or obstructing a police officer.

Harboring a fugitive refers to the crime of knowingly hiding a wanted criminal from authorities. The federal statute requires proof of four elements:

Proof that a federal warrant had been issued for the fugitive's arrest;
That the accused had knowledge that a warrant had been issued;
That the accused actually harbored or concealed the fugitive;
That the accused intended to prevent the fugitive's discovery and arrest.

If you or a loved one has been accused of harboring a fugitive, contact our offices today for a free consultation. Criminal Defense Attorney James N. Dicks has over 25 years of legal experience and he can help you.

Illegal Smuggling Across the Border

Legal Assistant — Mon, 30 Apr 2012 23:12:00 GMT

Alien smuggling is a dangerous and illegal act. People seeking a better way of life are willing to be smuggled despite knowing that it is against the law. Individuals who cross illegal immigrants are often referred to as "coyotes." Coyotes cross them through the deserts and mountains when smuggling them across the U.S.-Mexico border. Most coyotes are ethical in their practice, but many are not. There have been cases where the coyote has stranded the people they were smuggling and thousands of illegal immigrants have died due to dehydration and starvation. Even more extreme is the fact that coyotes have been know to kill the illegal immigrants because they could not pay for the services provided.

If you are suspected of illegal smuggling, contact our offices today for a free consultation. Criminal Defense Attorney James N. Dicks can help you face damaging criminal charges such as:

Illegal entry
Illegal entry with a prior deportation
Human trafficking
Smuggling illegal aliens in the united States
Helping illegal aliens reenter after deportation

If smuggler is found guilty, each felony could result in up to 10 years in federal prison. Evoke your right to remain silent when questioned by authorities. It is imperative to call our law firm today and schedule a consultation to speak to a skilled attorney James Dicks if you have been accused of these criminal allegations.

Man Charged with Vehicular Manslaughter

Legal Assistant — Wed, 25 Apr 2012 21:01:00 GMT

Accidents occur all the time. If your driving causes a death, you may be charged with vehicular manslaughter. Vehicular manslaughter is causing the death of another due to illegal driving, including gross negligence, drunk driving, reckless driving or speeding. This is a serious charge that should not be treated lightly. If you have been accused of this crime, you should speak to an attorney immediately.

In Lake Elsinore, Luis Garcia plead guilty to vehicular manslaughter for being involved in a street-racing crash that killed his cousin. The 26-year-old was sentenced to three years in state prison. On March 4^th, Garcia was driving his 2005 Honda when he saw his cousin Sergio Estrada driving his BMW. They proceeded to race each other, when Estrada's BMW crashed near Lincoln Street causing him to be ejected from the car and killing him instantly. Garcia left the scene and was subsequently arrested about 15 hours later.

If you or a loved one has been charged with vehicular manslaughter, call our offices today for a free consultation. Speak to Criminal Defense Attorney James N. Dicks who has over 25 years of legal experience. As a former police officer, he will be able to guide you through your case and provide a vigorous defense.

GPS Monitoring for Restraining Order Violators

Law Secretary — Wed, 18 Apr 2012 23:16:00 GMT

Domestic violence is a very serious matter. When a Carlsbad woman was found slain in a shallow grave in Fallbrook, her family had no doubt that a former boyfriend had killed her. Kathleen Scharbarth had obtained a restraining order against Michael Robles on November 17^th and she was reported missing on Thanksgiving morning. Prosecutors charged Robles with murder saying he stalked her and waited outside her home until she went inside, there he ambushed her and strangled her. Because restraining orders against stalkers are often violated, many lawmakers are calling for a change to ensure that these orders are strictly enforced.

Assemblyman Ben Hueso is proposing a new bill that would "offer victims real, tangible protection." If Assembly Bill 2467 passes, it would give judges the power to order GPS tracking of people targeted by restraining orders or on probation for domestic violence-related charges. A state-mandated local program would be imposed to reimburse local agencies for costs of monitoring persons placed on active GPS monitoring.

It is imperative to speak to an attorney if you or a loved one has been charged with domestic violence. Call our offices today for a free consultation with Criminal Defense Attorney James N. Dicks. A former police officer with over 25 years of legal experience he can help you.

Former Sheriff Accused of Torture, Sexual Assault, and Kidnapping

Law Assistant — Mon, 16 Apr 2012 22:03:00 GMT

A former Los Angeles County sheriff's deputy is being charged with torturing and sexually assaulting his wife and her alleged boyfriend. District Attorney John Christl is alleging that that Robert McClain, 38, brutally beat his wife and her lover. McClain is said to have kept them captive for more than two hours because he was in shock over the affair. He ordered his wife to castrate her lover, which she pretended to do so.

McClain pleaded not guilty to torture and kidnapping charges. Jurors will determine whether he was legally sane at the time if they find him guilty during the trial. Penal Section 206, California's Torture law states that: every person who, with the intent to cause cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose, inflicts great bodily injury as defined in Section 12022.7 upon the person of another, is guilty of torture."

There are various ways of providing a legal defense to a torture charge such as: lacking the required intent, you didn't commit the crime for a stated purpose, it was for self-defense, the defense of others, or you were falsely accused. It is vital to immediately contact an attorney who will be able to guide you through your legal problems.

If you or a loved one has been charged with committing torture, call our offices today for a free consultation. Criminal Defense Attorney James N. Dicks has over 25 years of legal experience and he can help you. As a former police officer, he is able to provide a different perspective that can be useful in a criminal case.

ICE Warns People of Ads Placed by Drug Traffickers

Legal Assistant — Sat, 14 Apr 2012 15:30:00 GMT

What sounds like a good job opportunity for many hard working people, can cost them their freedom. For quite some time, there have been ads placed in a Tijuana daily newspaper seeking male employees willing to work. However, the work involved smuggling narcotics and the employer is a drug trafficking organization. U.S. Immigration and Customs Enforcement in San Ysidro have seen an increase in people getting caught smuggling drugs without their knowledge. Drivers claim they had answered the ads and were simply complying with their employer's request to drive a vehicle across the border.

Since 2011, ICE has detected 39 cases at the San Diego Border, which have lead to the arrest of the drivers and more than 3,300 pounds of marijuana, 75 pounds of cocaine, and nearly 100 pounds of crystal methamphetamine. Most drivers are men and women who are in the 20s to 40s. Many who were caught stated that on previous trips once they had delivered the car, they were told there was no work.

In one instance, a man in his mid-40's who had been caught knew something was not right about the job. His wife warned him to search the vehicles for drugs. Unfortunately for him, he did not search the car thoroughly enough because law enforcement found 30 pounds of cocaine packed into the gas tank. To combat this problem, ICE has placed an ad in the Tijuana daily newspaper reading, "Warning! Drug Traffickers are announcing employment for drivers to cross to the United States. Don't be a victim of the smuggler's trap."

If you or a loved one has been charged with smuggling drugs across the border, call our offices today for a free consultation. Criminal Defense Attorney James N. Dicks is a former narcotics police officer and he understands the mistake law enforcement makes. He is able to provide a multi-faceted point of view and valuable information about all sides of a criminal case. With over 25 years of legal experience, he can help you.

La Jolla Attorney Pled Guilty to Grand Theft

Legal Secretary — Fri, 13 Apr 2012 16:12:00 GMT

For his role in an apartment rental scheme, Steven Liss a former La Jolla attorney will spend the next three years on probation. Liss plead guilty to grand theft for taking thousands of dollars from Drew Melgar, who was paying him rent money to an apartment Liss didn't own. In court, Liss would not talk about his crime. He was ordered to serve 120 days in jail and is required to pay restitution in the amount of $16,700. This is not the first time Liss has been under police scrutiny.

Nine years ago he was running an adoption law practice in La Jolla and was exposed for taking money form clients but never filing paperwork to make an adoption legal. He had been cited for "multiple acts of wrongdoing"… of " intentionally, recklessly, or repeatedly failing to perform legal services with competence." In one case, a mother lost her adopted daughter after only having her for six weeks. He is now said to be running a website that solicits donors and those who want babies.

Grand theft is the crime of taking someone else's property against their will with the intent of permanently depriving them of the property. The term "property" in the grand theft definition can include money, labor, real, or personal property that lawfully belongs to another individual or group of individuals.

If you or a loved one has been charged with grand theft, call our offices today for a free consultation. Criminal Defense Attorney James N. Dicks has over 25 years of legal experience and he can help you.

Man Pled Guilty to Felony Statutory Rape

Law Assistant — Wed, 11 Apr 2012 21:37:00 GMT

For his illegal relationship with a 13-year old, Jose Manuel Ayala was sentence to a year in jail and four years of probation after pleading guilty to a felony count of statutory rape. He was ordered to stay at least 100 yards away and to not contact her. Due to his immigration status, U.S. Immigration and Customs Enforcement has placed a hold on him meaning that when he has completed his sentence, he will face deportation.

The crime became an adult felony because although the relationship started when the girl was 12 and Jose was 17, her parents did not know about it until October when he was already 18. Initially he was arrested on suspicion of three counts of rape, one count of sexual battery, nine counts of child molestation, six counts of unlawful sex with a minor and five counts of residential burglary.

During Ayala's preliminary hearing, the girl testified that the sex acts were consensual. Legally in California, she cannot consent to sex until she becomes an adult. The state needed to prove only penetration in order to prove the statutory rape and force is not required. Like all sex charges, investigators will try to elicit a statement form the defendant. Many defendants commit the mistake of speaking to investigators. It is in your best interest to exercise your right to remain silent and contact an attorney.

As an experienced Criminal Defense Attorney James N. Dicks can review your case and decide upon the best course action. If you are facing charges of statutory rape, call our offices today for a free consultation.

Teen Assaulted by a Pastor

Legal Assistant — Thu, 05 Apr 2012 16:00:00 GMT

A mother who took her 13-year-old son to a group home for guidance found out that her son was tortured and molested. The home is run by the Heart of Worship Community Church under the direction of Pastor Lonnie Remmers, who is accused of physically assaulting the boy and torturing him with pliers. Under Remmers orders to scare the boy, two others are said to have driven the boy to Barstow and allegedly made him dig a grave and threatened to kill him. They eventually drove him to a supposed bible study in Remmers home, where he proceeded to molest the teen.

The two others involved where 22-year-old Nick Craig and 28-year-old Darryl Jeter, both residents of the group home. They were booked on suspicion of kidnapping, abuse of a child and conspiracy. Remmers is being held on suspicion of torture, child abuse and conspiracy. All were held in lieu of $1 million bail.

Being convicted of child abuse can have serious implications on someone's personal life. It can involve a lifetime requirement to register as a child sexual offender as well as, mandatory parenting classes, and termination of parental rights. In this type of situation, it is essential to get legal help immediately because many individuals sabotage their own defense in their attempt to prove their innocence.

If you or a loved one has been falsely accused of child abuse, call our offices today for a free consultation. It is in your best interest to work with Criminal Defense Attorney James N. Dicks to help you reduce or lessen the severity of the penalties and sentencing in a case involving child abuse.

Sexual Assault in the U.S.

Legal Assistant — Wed, 04 Apr 2012 20:58:00 GMT

Every 2 minutes someone in the U.S. is sexually assaulted. According to the U.S. Department of Justice's National Crime Victimization Survey that means there is an average of 207,754 victims of rape and sexual assault each year. Out of every 100 rapes, only 46 get reported to the police, 12 lead to an arrest, 9 get prosecuted, 5 lead to a felony conviction and only 3 rapists will spend even a single day in prison.

In Vista, defendant Jeremy Stutzman is on trial for the rape of two of his neighbors. He allegedly tied them up, gagged and sexually assaulted them before one of the victims escaped from his Vista apartment and contacted the police. One woman testified last week that Stutzman put a hunting knife to her neck, tied her to a chair and then sliced her clothing off. He is being charged with rape, other forced sex acts, and kidnapping.

Several witnesses testified in his defense, that they saw him as a rehabilated man on the correct path after his time spent in prison. One woman from the Escondido church Stutzman attended testified he had become "like a brother to me" and was "just doing really well in his life." If convicted of all counts he faces 300 years in prison.

If you or a loved one has been falsely charged with rape, call our offices today for a free consultation. Criminal Defense Attorney James N. Dicks has over 25 years of legal experience and he can help you.

7,328 Pounds of Marijuana Found in a Trailer Rig

Legal Assistant — Thu, 29 Mar 2012 21:46:00 GMT

A man was arrested on Monday March 26^th, after U.S. Border Patrol agents found 7,328 pounds of Marijuana in a trailer rig that was passing through the Interstate 15 checkpoint. The 41-year-old U.S. citizen appeared nervous and agents became suspicious so they had a drug-sniffing dog come out. The dog alerted the agents and they found 300 bundles of marijuana in the trailer. Authorities estimated the street value of the drugs at $3.6 million.

According to the U.S. Drug Enforcement Administration, federal trafficking penalties for a first offense and more than 1,000 kg of Marijuana is no less than 10 years, not more than life. The fine does not exceed more than $4 million if it's a single individual.

Being convicted of drug related charges can be life altering. It could affect relationships with family, friends, and coworkers. A conviction could stay on a persons record and affect future job prospects. It is imperative to speak to an experienced attorney that can help you fight the case.

Have you been accused of a drug-related crime? Call our offices today for a free consultation. Criminal Defense Attorney James N. Dicks has over 25 years of legal experience and he can help you.

Shocking Hate Crime in El Cajon

Legal Assistant — Wed, 28 Mar 2012 22:21:00 GMT

An El Cajon family is in shock after learning that a family member was killed in a possible hate crime. Alawadi Himidi, mother of five, was found unconscious by her 17 year-old daughter in the family's dining room. She had reportedly been beaten on the head with a tire iron with a note that said, "go back to your country, you terrorist." The crime occurred after the father took one of their younger kids to school. Alawadi was described as a very "modest muhajiba," meaning she wears the traditional headscarf.

This wasn't the first time the family had received a threatening note. Earlier that month, the family had found another note, but they did not report it thinking it was just a childish prank. The family had moved from Michigan to Southern California because Alawadi's husband had previously worked in San Diego as a cultural adviser to train soldiers who were going to be deployed to the Middle East. The family has been in the United States since the mid-1990's. If the person responsible for this crime is caught, he/she could be facing hate crime charges.

A hate crime is the violence of intolerance and bigotry, intended to hurt and intimidate someone because of their race, ethnicity, national origin, religious, sexual orientation, or disability. Being convicted of a hate crime is a serious offense, one that could drastically alter someone's life. The Supreme Court stated in Wisconsin v. Mitchell, that there is an extra punishment for hate crimes because they can "revoke retaliatory crimes, inflict distinct emotional harms on their victims, and incite community unrest."

If you or a loved one has been accused of a hate crime, call our offices today for a free consultation. Criminal Defense Attorney James N. Dicks has over 25 years of legal experience and he can help you.