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Saturday, April 28, 2012

Man Convicted of Sexually Assaulting Disabled Child

Pictured Above: Daniel Vlas Flores. Source: Orange County District Attorney's Office.

This week, Daniel Vlas Flores was convicted of kidnapping a child for the purpose of sexual assault and three counts of child molestation. These convictions stem from an incident in 2009 after Flores walked up to a group of children playing in an apartment courtyard. Flores asked the children to assist him in moving some furniture and then took the hand of a 7-year-old mentally disabled girl and led her into his apartment. After the young girl did not return, one of the other children went to Flores' apartments and interrupted the assault. Flores was arrested, charged and then convicted of kidnapping and child molestation. He now faces life in prison resulting from the incident.

Kidnapping is the crime of moving a person, without their consent, by force or fear. Defenses to kidnapping include consent to being moved, insufficient movement, or having the right to move the child. In this case, Flores kidnapped the child by force for the purposes of sexually assaulting her. Being convicted of committing a sexual assault on a minor requires you to register as a sex offender and subjects you to fines, classes, and prison time. Therefore, if you are charged with sexual assault, child molestation, or kidnapping, call an experienced criminal defense attorney right away to assist you in fighting your charges or reducing your sentence.

sex crimes Orange County criminal attorney Ronald Brower

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Tuesday, April 17, 2012

Man Pleads Guilty to Theft of UPS Parcels off Porches

Pictured Above: Tien Kim Vu. Source: Irvine Police Department.

Tien Kim Vu was arrested in March after police found six UPS parcels in his car. A man in Ladera Ranch had called police after he saw a man take a package off of his porch. Vu was charged with six misdemeanor counts of petty theft and one felony county of receiving stolen property. He also got a sentencing enhancement for committing these crimes while released on custody on another case. In October of 2011, Vu was arrested on suspicion of stealing approximately 150 parcels. Late last month, Vu pleaded guilty to 16 counts of petty theft and two counts of receiving stolen property. He will be sentenced on April 24, 2012.
Petty theft is the stealing of property valued up to $950. This offense is usually a misdemeanor. Receiving stolen property is a crime that occurs when one receives or purchases an item that they know is stolen. This offense can be a misdemeanor or felony, depending on the circumstances and the defendant's criminal history. If you are convicted of theft or receiving stolen property, you face jail/prison time, fines, and you could be required to pay restitution to the victims of the crime. Therefore, if you are charged with theft, contact an experienced criminal defense attorney right away to assist you.

theft Orange County criminal attorney Ronald Brower


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Saturday, April 14, 2012

Drunk Driver Crashes Into Caltrans Construction Zone

Pictured Above: Crash Scene. Source: KTLA-TV.

Last week, a car full of minors slammed through a freeway closure in which a Caltrans crew was resurfacing lanes. The car was going 70 mph when it slammed into a tractor and then rolled over. Some of the passengers were ejected and all six people in the car were injured. None of the occupants were wearing seat belts and all of them were under the influence of alcohol at the time of the crash. The driver of the car was giving a field sobriety test and arrested at the scene.

Under California's Zero Tolerance Law, anyone under 21 years of age with a Blood Alcohol Content of 0.01% or greater will be charged with Driving Under the Influence (DUI). If you are under 21 years old and suspected of driving under the influence, you have automatically consented to field sobriety tests. Punishments for a minor convicted of driving under the influence include a suspended license, jail time, alcohol abuse classes and fines. There are steeper penalties for minors under the influence who cause injuries to other passengers. Therefore, if you are charged with driving under the influence, contact an experienced criminal defense attorney right away to assist you.
driving under the influence  Orange County criminal attorney Ronald Brower


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Monday, April 2, 2012

Man Kills Salesman and Dumps Body Claiming Self-Defense

Pictured Above: Ricardo Diaz. Source: Orange County Register.

Ricardo Dagoberto Diaz is charged with the robbery and murder of a jewelry salesman in 2005. Diaz testified that he came home to see Mario Hernandez, a jewelry salesman, pulling his mom's hair. Diaz then grabbed golf clubs and hit Hernandez with them. At that point, Hernandez pulled out a pocketknife and threatened to kill Diaz and his mother, so Diaz stabbed Hernandez with his own knife. Diaz then got electrical tape and tied it around Hernandez's neck, strangling him to death. He claims that his mother, Rebeca Nivarez-Diaz, then told him to dispose of the body. Diaz and his mother tossed Hernandez's body in a dumpster near some apartments.

Throughout the years, Diaz has always claimed that he was acting in self defense. However, recently police recorded Diaz talking to his sister and stating that his mother had set the whole murder up and Diaz had not acted in self defense. Diaz's mother has already been convicted of first degree murder and robbery and is serving a 25-year-to-life term in prison.

California has a felony-murder rule that creates murder liability for individuals who kill another human being during the commission of a dangerous felony. The death must be logically connected to the felony to be charged with felony-murder. First-degree felony-murder is the murder of someone during the commission of an enumerated felony. Enumerated felonies under the first-degree felony murder rule include: arson, burglary, robbery, carjacking, mayhem, certain sex crimes, kidnapping, and torture.

If you are charged with felony-murder, please contact an experienced criminal defense attorney to assist you in fighting your charges or reducing your sentence.

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