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Journalist Arrested During Occupy Wall Street Acquitted

Posted on: May 16th, 2012 by admin No Comments

The case against a local journalist that had been involved in one of the Occupy Wall Street (OCW) arrests had his case dismissed on Tuesday after Judge Sciarrino found him not guilty of disorderly conduct.

The evidence that seemed to convinced the Manhattan Criminal Court judge was that the arresting officer’s testimony that purported to support his arrest flew in the face of contradictory video footage from another videographer, Tim Pool, that was present at the protest as well.

Many of the protesters that were arrested were offered an Adjournment in Contemplation of Dismissal, (which is Orange County’s equuivalent of a “DA continuance”). Alexander Arbuckle, the man acquitted of the charges, chose to fight it. Congratulations to Mr. Arbuckle for standing his ground, as well as to the attorneys who had worked on his case to secure such a well-deserved victory.

You may find the full article by the Gothamist at the following link: http://gothamist.com/2012/05/15/journalist_arrested_during_ows_marc.php

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Social Media for Lawyers & Avoiding Ethical Pitfalls: Seminar Success

Posted on: May 11th, 2012 by admin No Comments

I would like to thank Chapman University School of Law for their hospitality and their gracious assistance in last week’s MCLE on Social Media advertising and ethics seminar.

The turnout composed primarily of solo practitioners (both young and veteran) as well as some aspiring students–which was impressive despite it being the weekend before finals!

A lot of great questions were posed to the panel on the topic of lawyers self-promoting themselves through media devices such as: Facebook, Twitter, LinkedIn, and Blogs.

Chances are we will be hosting another MCLE in the near future and have up-to-date information related to the subject so that we can all avoid getting ourselves mixed up in ethical challenges.

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Kelly Thomas Case Preliminary Hearing

Posted on: May 9th, 2012 by admin No Comments

The two officers who have been charged by the Orange County District Attorney’s office for the killing of Kelly Thomas, a mentally ill homeless man, have completed their preliminary hearing after three days of testimony.

Most people don’t see preliminary hearings when it comes to criminal proceedings because the trial is usually the biggest attraction. The preliminary hearing (or sometimes referred to as “Prelim”) is a critical stage in the process leading up to the trial. This is the case for multiple reasons. But the most important is the issue of which charges will stay and which will go. A judge has the power at this stage to determine that there is not enough evidence to bring a particular charge to trial, and they may therefore dismiss the count.

Additionally, if the testimony at the preliminary hearing points in the direction that the charged offense is not the right one (based on the evidence), then again the judge can choose to modify the charge to what is more appropriate.

In the Kelly Thomas case, which was heard in front of Judge Schwarm, the hearing lasted a total of three days–which is not a typical length of time. Most felony hearings last anywhere between forty-five minutes to a 3 hours.

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The Biggest Misconception of the Criminal World

Posted on: April 16th, 2012 by admin No Comments

Why is it so hard to believe?  If you find out that there was a mysterious growth inside your body and that it was necessary to surgically remove it, you would never ask the surgeon, “So give me an exact amount, what’s this going to cost me?”


As if the doctor, right there with the x-ray in their hand, knows exactly how long the procedure will last, exactly how many complications will come up, and exactly how successful the operation will ultimately be.  Why is that?


Nobody has a hard time with the idea that there is no doctor that will know what they’re getting into until they open you up and see what’s really going on.  When the procedure is all done, you find out how many surgical tools were used, what kinds of materials, how many hours of assistant surgeons were present, and what kind of specialized machinery had to be utilized to make you better.  And you find all this out because it’s all in the medical bill!


Then why do some people think a simple DUI can be assessed the same way?  They think that when there’s drinking, driving, and an arrest—that it’s an open and shut case.  So how can a lawyer sometimes use his attorney tools to create a “not guilty,” or a “case dismissed” or a “good offer?”


In the world of litigation, the “operation” is conducted with evidence, investigation, Constitutional analysis, motion and law practice, legal strategy, and negotiation skills.  Like the surgical tools of a doctor, a lawyer must go deep into the evidence of a case to make sure you get the right diagnosis and then the right treatment.  If it’s better for you to go to trial, then you go to trial.  But if it’s better to negotiate a good offer, then that’s what you do instead.


Too many people think that a criminal case is only about figuring out what kind of punishment it should be and that’s it.  Too many people never ask themselves what their options are.


After getting news that you should go “under the knife” for surgery, we all ask whether it’s even necessary.  Or better yet, these days we wonder whether there are any new procedures that can cut down on our risk to complications.


If criminal defense is so cut-and-dry, then what would be the point of having forensic analysts, or experienced investigators, or expert witnesses?  The answer is simple, yet hard to grasp for many.


In medicine, there are doctors, and there are surgeons.  In criminal defense, you need a “legal” surgeon.


Being arrested or charged with a crime is difficult enough.  It complicates your life, your finances, and your own well-being.  Make sure you chose the right attorney to diagnose your case so that you don’t just get treatment—but the best possible treatment.

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New District Attorney for Riverside County

Posted on: April 16th, 2012 by admin No Comments

Congratulations to Judge Zellerbach for winning the 2010 election for the District Attorney’s office. This change comes at a time when the county of Riverside faces many costly challenges—many of which will be on the new DA’s shoulders to bear.

One of the judge’s criticisms of the current prosecutor’s office was its representation that it maintained a 93% conviction rate. Not so, said Zellerbach. The figure was misleading in that the ordinary reference to a “conviction rate” is in the context of jury trials (instead of including guilty plea negotiations). After factoring in only jury verdicts, the office held a disappointing conviction rate less than 45%!

This goes to show that there are always going to be cases that fall into largely three categories: cases that should never go to trial, those that should go to trial, and those that absolutely must go to trial.

The philosophy of the Kasperowicz Law Firm is that the value of a “case” should always be assessed as to what it will look like at trial. Attorneys for multi-national corporations routinely evaluate their client’s cases based on how much money a jury will award for one side over the other. Billions of dollars are calculated this way.

Why not apply this realistic model to that of someone’s freedom? Anyone facing even one day in jail would be willing to pay a fortune to not have to do so. So why wouldn’t it make sense to prepare a solid defense that will give the client the best option of presenting their story to the jury? As stated above, there are some cases that are not meant to be decided by twelve jurors from our community because there simply are no issues. On the other hand, when there are disputes as to what really happened, who is to blame, who’s fault it really was, why did it all happen, was it as bad as they say it was, etc., and any other worthy and reasonable inquiry that would let reasonable people decide on what’s just—there is a chance.

And when it comes to taking a chance, there is risk—and then there is risky. Risk will be everywhere you go, just like when you drive your car. We all take calculated risks without ever thinking about it. On the other hand, “risky” is simply not assessing what you are up against. In the case of looking at a 93% chance of losing versus a 45% chance of losing, a great deal of people would bet differently knowing what the truth is.

Our advice with criminal charges: have your case evaluated by a professional that can calculate your true risk. When it comes to your freedom, there simply is no other way.