Newport Beach Criminal Lawyers

03/18/2016

If you are out and about this evening be careful as there is an enhanced police presence due to it being St. Patrick's Day. Be safe, responsible and get a cab or designated driver if you are drinking tonight.

12/25/2015

Happy Holidays from The Law Office of David Swanson!

07/18/2015

Sailor injured in Chattanooga shooting dies

Our thoughts and prayers go out to the victim's and the victim's families of the Chattanooga shooting yesterday.

http://www.latimes.com/nation/nationnow/la-na-nn-sailor-injured-in-chattanooga-shooting-dies-20150718-story.html

U.S. Navy says sailor injured in Chattanooga shooting has died

03/21/2015

Below is a list of DUI checkpoints in Southern California this weekend.

Be safe!

LA County

7pm-3am - Malibu - Pacific Coast Hwy & Webb Way
9pm-3am - Inglewood - undisclosed location
7pm-3am - Santa Monica - Main St & Hill St
Windsor Hills - Slauson Ave & Overhill Dr
Hawthorne - Hawthorne Blvd & El Segundo Blvd

Inland Empire DUI Checkpoints
San Bernardino - Waterman Ave & Central Ave

Orange County DUI Checkpoints
Placentia - Yorba Linda Blvd & Bradford Ave
9pm-3am - Orange - Chapman Ave and The City Dr

San Diego DUI Checkpoints
6pm-1am - National City - undisclosed location
Escondido - Centre City Pkwy & Decatur Way

03/14/2015

FYI below is a list of the DUI roadblocks in Southern California this weekend. St. Patty's Day always brings with it an enhanced police presence.

If you are going to drink this weekend be safe and call a cab or get a designated driver.

03/07/2015

Below are the DUI checkpoints for this weekend throughout Southern California.

Feel free to like and share! Be safe!

8pm-1am - Marina Del Rey - Lincoln Blvd and Maxella Ave
Pomona - Town Ave and Arrow hwy
Inland Empire DUI Checkpoints
9pm-3am - Moreno Valley - undisclosed location
6:30pm-12:30am - Lake Elsinore - Riverside Dr
Ontario - 4th St & Cleveland Ave
Orange County DUI Checkpoints
6pm-3am - Seal Beach - Pacific Coast Highway & 1st St
San Diego DUI Checkpoints
Kern/Bakersfield DUI Checkpoints
Other California DUI Checkpoints
6pm-2am - Walnut Creek - Lawrence Way & Parkside Drive
6pm-3am - Santa Maria - undisclosed location

02/24/2015

Having a staff member arrested for anything can impact a daycare owners professional licensing. If your professional credentials are stripped you stand to lose a lot.

Contact Irvine Criminal Attorney David E. Swanson if you own a daycare facility and are facing any type of criminal or DUI charge in the Orange County area.

Dial (949) 477-3030 for a free consultation.

http://www.delawareonline.com/story/news/local/2015/02/23/ex-daycare-owner-charged-s*xual-abuse-girls/23884469/

02/02/2015

Drug Laws and Drug Crimes | Nolo.com

The article below discusses various aspects of controlled substance, drug and narcotic laws. If you are facing any type of criminal charges in Orange County, CA please contact The Law Office of David E. Swanson by dialing (949) 477-3030.

http://www.nolo.com/legal-encyclopedia/drug-laws-drug-crimes-32252.html

From drug possession to drug trafficking, a look at laws regulating controlled substances.

02/01/2015

Holiday Safe Ride Program | AAA NewsRoom

AAA is once again offering their Tipsy Tow Program for Super Bowl Sunday. The link below is to the AAA website and has all contact info for the program.

If you are out for the Super Bowl game do not drink and drive.

There will also be an enhanced police presence today in OC. If you are drinking please call a cab, AAA or have a designated driver.

http://newsroom.aaa.com/safety/holiday-safe-ride-program/?sf20973351=1

While not a nationwide program, a number of AAA clubs offer safe ride services on select dates for members and nonmembers. This service is not available everywhere. AAA strongly encourages motorists to pick a designated driver before they head out for any celebrations.

01/31/2015

California DUI: What are the Penalties? | DrivingLaws.org

FYI below are the penalties you may face if you are arrested for driving under the influence. Contact The Law Office of David E. Swanson immediately to discuss your case.

http://dui.drivinglaws.org/resources/dui-laws-state/penalties-dui-california.htm

What’s the minimum and maximum penalties for a first DUI conviction in California? Assuming there is no bodily injury or death resulting from the DUI, the minimum terms for a misdemeanor first conviction are as follows:

01/19/2015

Yesterday and last night were big drinking days as the NFL playoffs always are a time for people to gather, watch the games and enjoy a few drinks. If you were pulled over and charged with DUI last night or over the weekend you need the help of an experienced criminal defense lawyer.

Contact The Law Office of David E. Swanson by dialing (949) 477-3030 for a free consultation. Do not face any DUI or criminal charge alone as you have a lot to lose if convicted.

01/16/2015

Is your career and professional license in jeopardy?

Professional License Defense Lawyer
Law Office of David E. Swanson
(949) 477-3030

Does your livelihood require you to acquire and maintain professional licensing credentials? Are those credentials, and your ability to earn a living, being jeopardized due to a criminal charge, DUI arrest or accusations of misconduct?

If so, you need the help of a skilled attorney who handles professional license defense cases. The video below outlines your rights, how to protect them and how Mr. Swanson can help you.

Contact Irvine License Defense Attorney David E. Swanson by dialing (949) 477-3030 for a free consultation.

https://www.youtube.com/watch?v=0MhaU2DO8xg

CLICK HERE FOR MORE INFO http://professionallicensedefenseattorneysca.com/

01/15/2015

DUI laws are equally as serious in California. If you have been arrested for DUI, or any other crime, do not hesitate to contact Irvine Criminal Defense Lawyer David E. Swanson for a free consultation.

Dial (949) 477-3030 immediately.

01/09/2015

Children’s Pajamas Recalled by Star Ride Kids Due to Violation of Federal Flammability Standard

FYI parents!

http://www.cpsc.gov/en/Recalls/2015/Childrens-Pajamas-Recalled-by-Star-Ride-Kids/

The girls' pajama sets pose a risk of burn injuries to children.

01/08/2015

Is your career and professional license in jeopardy?

Here is a link to our professional license defense video. If your career requires you to maintain professional credentials, and you are at risk of losing them due to DUI or other criminal charges, you need the help of a skilled license defense attorney.

Call Professional License Defense Lawyer David E. Swanson at (949) 477-3030 for a free consultation.

https://www.youtube.com/watch?v=0MhaU2DO8xg

CLICK HERE FOR MORE INFO http://professionallicensedefenseattorneysca.com/

06/21/2013

Irvine California Criminal Lawyer | Orange County Criminal Attorneys

Orange County DUI Checkpoints This Weekend
Law Office of David E. Swanson
(949) 477-3030
www.dswanlaw.net

There are 2 DUI checkpoints in Orange County, CA tonight. One will be at the intersection of:

W. 5th Street & N. Sullivan Street in Santa Ana, CA

Being stopped at a DUI checkpoint does not automatically mean that you are guilty and will be convicted of a DUI. At DUI checkpoints there are laws, procedures and protocols that must be adhered to by law enforcement. Failure to do so could result in your charges getting dropped or dismissed.

As with any criminal charge, when arrested you have rights that need to be protected. It never makes sense to face these charges alone.

Certified Specialist | Criminal Law | Irvine, California

05/25/2013

Memorial Day DUI Checkpoints Orange County
Law Office of David E. Swanson
(949) 477-3030
www.dswanlaw.net

Last night, Friday May 24th, there was a DUI checkpoint on Santa Margarita Parkway in Rancho Santa Margarita.

If you were pulled over at this checkpoint, and are ultimately arrested for DUI, you have rights that need to be protected. California law mandates that certain laws, procedures and protocols be adhered to at DUI checkpoints.

An experienced DUI Checkpoint Attorney can help you. Contact The Law Office of David E. Swanson today by dialing (949) 477-3030.

Visit www.dswanlaw.net to arrange a free consultation.

05/25/2013

DUI Checkpoint Costa Mesa, CA Friday May 24th

Last night there was a DUI checkpoint at 19th St and Newport Boulevard. If you were pulled over for DUI at this checkpoint contact Costa Mesa DUI Defense Attorney David E. Swanson at (949) 477-3030.

Being pulled over at a checkpoint, and being charged with DUI, does not automatically mean you are guilty. If certain procedures were not adhered to it is possible that your charges can get dismissed. A skilled DUI attorney can help with this.

Call Mr. Swanson immediately to discuss your rights and how to protect them.

05/14/2013

U.S. safety board proposes tougher drunk-driving threshold

Orange County DUI Defense Attorney
Law Office of David E. Swanson
www.dswanlaw.net
(949) 477-3030

The NTSA wants to lower the legal blood alcohol content (BAC) limit to .05. As it stands now it is .08%.

What are your thoughts regarding this?

Why?

http://www.cnn.com/2013/05/14/us/ntsb-blood-alcohol/index.html?hpt=hp_t2

A decade-old benchmark for determining when a driver is legally intoxicated should be lowered to 0.05, federal safety officials said Tuesday.

05/13/2013

Irvine California Criminal Lawyer | Orange County Criminal Attorneys

Orange County California DUI Defense Attorney
Law Office of David E. Swanson
(949) 477-3030
www.dswanlaw.net

If you are the owner of a Commercial Drivers License (CDL) in California you stand to lose more than the average person should you be convicted of DUI or other traffic violations. For those possessing a CDL your driving privileges are directly related to your ability to earn a living, support your family and pay your bills. Your CDL license can be suspended even if you were pulled over while driving your personal vehicle.

CDL Disqualifying Violations

There are 4 classes of violations regarding a CDL. They are:

Major Violations

Serious Traffic Violations

Violating Out Of Service Orders

Railroad-Highway Grade Crossing Violations

There are numerous ways to commit violations in each of these classes. Each class carries with it its own set of penalties for first and subsequent offenses. A knowledgeable Newport Beach, California Drunk Driving Defense Lawyer can explain the penalties associated with your individual case.

Certified Specialist | Criminal Law | Irvine, California

04/23/2013

Forced Blood Draw Law in DUI Ruled Unconstitutional

In a decision rendered by the United States Supreme Court on April 17, 2013, it was ruled that absent exigent circumstances, blood drawn over the objection of a defendant in a DUI case was inadmissible without a police officer first getting a search warrant. In Missouri v. McNeally, the Court held that a defendant who had been pulled over for a routine DUI charge and who was later taken to a local emergency room for blood draw, had the right to refuse and could not be forced, over his objection, into permitting the hospital personnel to draw his blood. In this case, the Court ruled that the warrantless blood test involved a routine DUI investigation and because there were no exigent circumstances other than the “natural dissipation of blood alcohol”, the 4th Amendment required that the nonconsensual warrantless blood test be excluded from the evidence in the trial.

This is a significant departure from an area of law that been subjected to much debate of the years.. Usually, if there are “exigent circumstances” a warrantless search might be upheld on review by the Courts. The Supreme Court in this instance made it abundantly clear that a forced blood test would not be permitted without the officer first getting a warrant from a magistrate or other judicial officer. This has been the law in California, but often times the court has found additional factors to justify the 4th amendment violation, (which occurs when blood is forcibly drawn from the accused.) Generally speaking, this should occur in a hospital setting, not a jail.

04/22/2013

Irvine California Criminal Lawyer | Orange County Criminal Attorneys

DUI Checkpoint Laws California

There are various laws and procedures that must be adhered to when a DUI checkpoint is setup in California. If these laws are not adhered to an experienced DUI lawyer may be able to help you with your case. Regardless of what happened, or how much you had to drink, you have rights that need to be protected.

Last night, there was a DUI checkpoint in Garden Grove, CA at
Magnolia St And Westminster Ave. If you were charged with DUI there, or anywhere in OC, contact The Law Office of David E. Swanson today. Dial (949) 477-3030.

You can also arrange a free consultation at www.dswanlaw.net

Certified Specialist | Criminal Law | Irvine, California

04/20/2013

Irvine California Criminal Lawyer | Orange County Criminal Attorneys

Orange California DUI Checkpoint

Friday April 19th there was a DUI checkpoint in Orange, California at the intersection of East Chapman Avenue and South Prospect Street. If you were charged with DUI at this checkpoint you are not automatically guilty. It is important to remember that you have rights that need to be protected.

Contact The Law Office of David E. Swanson at (949) 477-3030 to discuss your case.

To arrange a free consultation visit www.dswanlaw.net

Certified Specialist | Criminal Law | Irvine, California

03/27/2013

Recent Orange California DUI Checkpoints

DUI Checkpoints Orange County CA

If you were pulled over for DUI at any of the various DUI checkpoints in Orange County this past weekend you should contact an experienced attorney.

Regardless of how intoxicated you may or may not have been you have rights that need to be protected. There are laws and protocols that must be adhered to. If these are not adhered to a skilled DUI attorney may be able to help you.

Call The Law Office of David E. Swanson at (949) 477-3030.

You can also arrange a free consultation by visiting www.dswanlaw.net

http://www.duiblock.com/dui_checkpoint_locations/california/orange/

Recent Orange California DUI Checkpoints for March 2013- Page 1. Find Recent Orange CA DWI Checkpoint Locations. Local Text and Email Sobriety Checkpoint Alerts.

02/18/2013

Santa Ana police plan checkpoint Feb. 16

Santa Ana DUI Defense Attorneys

If you received a DUI at last night's DUI checkpoint in Santa Ana it is important that you contact an experienced DUI Defense Attorney. Please remember that you have rights and they need to be protected. There are also legal and procedural protocols that need to be adhered to by police.

Call The Law Office of David E. Swanson at 949-477-3030 today to discuss your pending drunk driving charges.

You can also visit www.dswanlaw.net to arrange a free consultation.

http://www.ocregister.com/news/police-496069-safety-feb.html

It will take place from 7:30 p.m. to 1:30 a.m. in the area of 1200 N. Harbor Boulevard. All vehicles may be checked and drivers who are under the influence of alcohol and/or drugs will be arrested, police said.

02/11/2013

Orange County DUI Defense Attorneys

At the law office of DUI defense attorney David E. Swanson in Irvine, California, we handle all aspects of your DUI defense. We will aggressively defend you in court and at the DMV. We will also defend you at trial. David E. Swanson has secured numerous not guilty verdicts in DUI trials including clients charged with prior convictions for DUI.

While worrying about increased insurance rates or the possible loss of your job because you cannot drive, you need to attend to the administrative component of your DUI charge. Too many times, this is overlooked and people needlessly lose their license even before trial or any conviction.

At the Law Office of David E. Swanson, we handle both the administrative and criminal processes of your DUI defense case. After your DUI arrest, you are given a temporary license. From there, you have 10 days to contact the Department of Motor Vehicles to request a hearing. If you miss that deadline, you will lose the right to a hearing and your license will be suspended. As a certified Specialist in Criminal Law by The State Bar of California Board of Legal Specialization, David Swanson recognizes the gravity and importance of that hearing and will contact the DMV on your behalf.

Call Newport Beach DUI Defense Attorney David E. Swanson at 949-477-3030 to discuss your case.

You can also visit www.dswanlaw.net to arrange a free consultation.

02/11/2013

Woman hits 2 men near Fullerton bar

Fullerton DUI Defense Attorney

A DUI will change your life forever. In California a drunk driving charge can be either a felony or a misdemeanor. If someone was injured during your DUI it is a felony offense.

Do not face your pending drunk driving charges alone. Call The Law Office of David E. Swanson at 949-477-3030 today.

You can also visit www.dswanlaw.net to arrange a free consultation.

http://www.ocregister.com/news/police-495332-woman-chlebowski.html

Rosenne Garnica, 24, was driving eastbound on Santa Fe Avenue near Heroes Bar & Grill around 2 a.m., when she hit two men standing outside a car talking to the people inside it, police Lt. Mike Chlebowski said.

02/07/2013

February 7, 2013

Case # 12HF2917

BOOKKEEPER SENTENCED TO 13 YEARS AND FOUR MONTHS IN PRISON FOR EMBEZZLING $1.7 MILLION FROM WORKPLACE BY FORGING SIGNATURES ON CHECKS

NEWPORT BEACH - A controller/bookkeeper was convicted and sentenced today to 13 years and four months in state prison for embezzling $1.7 million from her workplace by forging the company owner's signatures on checks. Rebecca Rhea Moore, 39, Dyersburg, TN, pleaded guilty to two felony counts of grand theft by embezzlement, eight felony counts each of computer access fraud and falsifying records, and 29 felony counts of forgery with sentencing enhancement allegations for loss over $1.3 million and aggravated white collar crime over $500,000. Moore was also ordered to pay $1,722,558 in restitution to the victim and $117,578 in restitution to the California Franchise Tax Board.

Between July 2003 and October 2011, Moore worked as a controller/bookkeeper for Dan Miller Inc., dba Miller Contracting Company. Between December 2003 and October 2011, Moore forged the company owner's signature on company checks that she wrote to herself. She attempted to conceal her theft by falsifying the company's financial records to indicate that the checks were paid to legitimate company vendors.

Moore used the embezzled funds to pay off her personal credit card and mortgage accounts and furnish a new residence in San Clemente and timeshare properties in Las Vegas and Maui.

In October 2011, the victim reported the theft to Irvine Police Department (IPD), who reviewed the company financial accounts and discovered his forged signature on several checks recently paid to the defendant. IPD investigated the case and arrested Moore in October 2012.

At the sentencing today, Jennifer Miller, a co-owner of Dan Milller, Inc., dba Miller Contracting Company, spoke before the court describing the devastating impact the crimes have had on her family-owned business and the employees whose livelihood were directly affected by Moore's actions.

Deputy District Attorney Chuck Lawhorn of the White Collar Crime Team prosecuted this case.

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If you are facing criminal charges in Orange County call The Law Office of David E. Swanson at 949-477-3030.

You can also visit www.dswanlaw.net to arrange a free consultation.

02/05/2013

Criminal Attorney Orange County CA

February 5, 2013

Case # 11CF1031

MAN FACES TRIAL FOR IMPREGNATING 11-YEAR-OLD FEMALE RELATIVE AND SEXUALLY ASSAULTING HER FOR NINE YEARS

SANTA ANA - A man faces trial tomorrow for s*xually abusing a female relative for nine years and impregnating her at the age of 11. Mariano Antonio Castro, 58, Santa Ana, is charged with three felony counts of lewd acts on a child under 14, three felony counts of aggravated s*xual assault of a child under 14, one felony count of continuous s*xual abuse of a child under 14, and sentencing enhancement allegations for substantial s*xual conduct with a child and inflicting great bodily injury. If convicted, he faces a maximum sentence of 80 years to life in state prison. Opening statements are expected to begin tomorrow, Wednesday, Feb. 6, 2013, at 1:30 p.m. in Department C-28, Central Jail, Santa Ana.

Between October 2000 and October 2008, Castro is accused of s*xually assaulting a female relative on a regular basis when the victim was 8 to 17 years old. He is accused of engaging in oral copulation and s*xual in*******se with the victim.

When Jane Doe was 11 years old, Castro is accused of impregnating her. Jane Doe gave birth to a baby girl at the age of 12. Jane Doe kept the baby. Despite the pregnancy, the ongoing s*xual abuse of Jane Doe was never reported to law enforcement.

In 2011, Jane Doe began going to a new church and confided in her pastor that Castro had impregnated her as a child. The pastor encouraged Jane Doe to report the s*xual assault to the police, and Jane Doe came forward to the Santa Ana Police Department on April 19, 2011.

Deputy District Attorney Whitney Bokosky of the Sexual Assault Unit is prosecuting this case.

###

If you are facing any type of criminal charges in Orange County please dial 949-477-3030.

You can also visit www.dswanlaw.net to arrange a free consultation.

02/05/2013

Irvine California Criminal Defense Lawyer Anaheim CA Drug Crimes DUI DWI Attorney

April 2, 2012

Case # 09CF3141

MAN CONVICTED OF CHRISTMAS EVE SEXUAL ASSAULT OF 8-YEAR-OLD FEMALE RELATIVE INCLUDING ORAL COPULATION AND R**E AND/OR SO**MY

SANTA ANA - A man was convicted today of s*xually assaulting an 8-year-old female relative, including oral copulation and r**e and/or so**my, on Christmas Eve while family members slept in other rooms. Jorge Miguel Gallegos, 38, Santa Ana, was found guilty by a jury of one felony count of s*xual in*******se or so**my with a child, two felony counts of oral copulation or s*xual pe*******on with a child, and one felony count each of digital pe*******on of a child under 10, lewd acts on a child under 14, and dissuading a witness from reporting a crime. Gallegos faces a sentence ranging from a minimum of 55 years to life to a maximum of 66 years to life in state prison at his sentencing May 11, 2012, at 9:00 a.m. in Department C-36, Central Justice Center, Santa Ana.

At approximately 11:00 p.m. on Dec. 24, 2009, Gallegos took his 8-year-old female relative, Jane Doe, into the kitchen of his Santa Ana home after other family members had gone to sleep. He s*xually assaulted the child including sodomizing and/or ra**ng and orally copulating her. The defendant's wife walked into the kitchen and witnessed the molestation.

Gallegos ripped the telephone from the wall and threatened his wife not to tell anyone about the s*xual assault. The defendant then fled the scene and went to a friend's house. Gallegos' wife called 911 and the Santa Ana Police Department (SAPD) responded to the scene. Gallegos was arrested shortly thereafter, in the early morning hours of Dec. 25, 2009.

A subsequent investigation by SAPD revealed a second unreported s*xual assault from a prior time. On one other occasion between September and December 2009, Gallegos s*xually assaulted Jane Doe in his home including the same conduct as on Christmas Eve.

Deputy District Attorney Mark Birney of the Sexual Assault Unit is prosecuting this case.

###

If you are facing s*x crime charges in Orange County, CA call The Law Office of David E. Swanson at 949-477-3030.

Or, visit www.dswanlaw.net to arrange a free consultation.

Contact an attorney and certified specialist in criminal defense at the law office of David E. Swanson in Orange County, California at (949) 477-3030 for a free consultation. Clients who are charged with drug offenses, violent crimes, or drunk driving need aggressive representation of them and their...

02/05/2013

Irvine California Criminal Defense Lawyer Anaheim CA Drug Crimes DUI DWI Attorney

April 2, 2012

Case # 09CF3141

MAN CONVICTED OF CHRISTMAS EVE SEXUAL ASSAULT OF 8-YEAR-OLD FEMALE RELATIVE INCLUDING ORAL COPULATION AND R**E AND/OR SO**MY

SANTA ANA - A man was convicted today of s*xually assaulting an 8-year-old female relative, including oral copulation and r**e and/or so**my, on Christmas Eve while family members slept in other rooms. Jorge Miguel Gallegos, 38, Santa Ana, was found guilty by a jury of one felony count of s*xual in*******se or so**my with a child, two felony counts of oral copulation or s*xual pe*******on with a child, and one felony count each of digital pe*******on of a child under 10, lewd acts on a child under 14, and dissuading a witness from reporting a crime. Gallegos faces a sentence ranging from a minimum of 55 years to life to a maximum of 66 years to life in state prison at his sentencing May 11, 2012, at 9:00 a.m. in Department C-36, Central Justice Center, Santa Ana.

At approximately 11:00 p.m. on Dec. 24, 2009, Gallegos took his 8-year-old female relative, Jane Doe, into the kitchen of his Santa Ana home after other family members had gone to sleep. He s*xually assaulted the child including sodomizing and/or ra**ng and orally copulating her. The defendant's wife walked into the kitchen and witnessed the molestation.

Gallegos ripped the telephone from the wall and threatened his wife not to tell anyone about the s*xual assault. The defendant then fled the scene and went to a friend's house. Gallegos' wife called 911 and the Santa Ana Police Department (SAPD) responded to the scene. Gallegos was arrested shortly thereafter, in the early morning hours of Dec. 25, 2009.

A subsequent investigation by SAPD revealed a second unreported s*xual assault from a prior time. On one other occasion between September and December 2009, Gallegos s*xually assaulted Jane Doe in his home including the same conduct as on Christmas Eve.

Deputy District Attorney Mark Birney of the Sexual Assault Unit is prosecuting this case.

###

If you are facing s*x crime charges in Orange County, CA call The Law Office of David E. Swanson at 949-477-3030.

Or, visit www.dswanlaw.net to arrange a free consultation.

Contact an attorney and certified specialist in criminal defense at the law office of David E. Swanson in Orange County, California at (949) 477-3030 for a free consultation. Clients who are charged with drug offenses, violent crimes, or drunk driving need aggressive representation of them and their...

01/25/2013

Irvine California Criminal Defense Lawyer Anaheim CA Drug Crimes DUI DWI Attorney

January 25, 2013

Case # 12CM04792

POLICE OFFICER SENTENCED FOR CONSPIRACY VIA TEXT AND PHONE CALLS TO ILLEGALLY DISMISS LEGITIMATE TRAFFIC CITATION

WESTMINSTER - A police officer was sentenced today for conspiring in text messages and phone calls with an officer from a different agency to illegally dismiss a legitimate traffic citation. Erik Michael Krause, 44, and Michael John Zannitto, 47, were both found guilty by a jury Dec. 6, 2012, of one misdemeanor count of conspiracy to obstruct justice. Zannitto was sentenced today to one year of probation and 30 days in jail stayed pending completion of 100 hours of community service. Krause faces a sentence ranging from probation up to one year in jail at his sentencing Feb. 15, 2013, at 9:00 a.m. in Department W-12, West Justice Center, Westminster.

At the time of the crime, Krause was a 22-year veteran of the Huntington Beach Police Department (HBPD) and Zannitto was an 11-year veteran of the Garden Grove Police Department (GGPD). The defendants did not know each other prior to the crime.

On Nov. 9, 2011, Krause issued a traffic citation for speeding in the immediate vicinity of a stopped school bus to 32-year-old Jane Doe. He wrote detailed notes regarding the violation on the ticket. Later that same month, Zannitto met Jane Doe at Knott's Berry Farm. The defendant was off-duty and not in uniform. During this initial meeting, Zannitto told Jane Doe that he could have her traffic citation dismissed.

On Dec. 6, 2011, Zannitto sent Jane Doe a text message requesting a copy of her citation. On Dec. 13, 2011, Zannitto received a text message from Jane Doe, who works in the alcohol industry, in which she included pictures of alcohol and an offer of free alcohol in exchange for getting the traffic citation dismissed.

On Jan. 20, 2012, Zannitto received a text message from Jane Doe with a picture of the citation issued to her by Krause. Sometime between November 2011 and Jan. 20, 2012, Zannitto instructed Jane Doe to contest her traffic citation by written declaration.

Sometime between Jan. 20, 2012, and Jan. 25, 2012, Zannitto contacted a sergeant at HBPD and identified himself as a GGPD officer. He falsely stated that his sister had been issued a ticket by Krause and asked to be put in contact with Krause under the pretense of having a question.

On Jan. 25, 2012, Krause contacted Zannitto and the defendants discussed the citation. That same day, Jane Doe requested a Trial by Written Declaration with the court as instructed by Zannitto, submitted a statement of facts, and paid the $234 fee. Zannitto then received a text message from Jane Doe informing him that the declaration had been submitted to the court.

Sometime between Jan. 25, 2012, and Feb. 3, 2012, Krause informed Zannitto that he would take care of dismissing Jane Doe's traffic citation. On Feb. 3, 2012, Zannitto sent Jane Doe a text message to inform her that he had spoken with Krause, who was going to take care of the ticket. He received a text from Jane Doe stating that the two should meet so that she could give him "a bunch of alcohol." Zannitto responded, "Sounds good to me."

Sometime between Jan. 25, 2012, and Feb. 14, 2012, Krause submitted a false declaration to HBPD to be submitted to the court in response to Jane Doe's declaration. Krause fraudulently requested the citation be dismissed and wrote, "Please dismiss in the interest of justice. No notes" on his declaration, despite the detailed notes he had written on Jane Doe's ticket.

Krause notified Zannitto that the declaration requesting dismissal of Jane Doe's citation had been submitted. Zannitto then notified Jane Doe by text message that he had spoken with Krause regarding the submission of the paperwork and that Jane Doe should soon receive a refund for the citation payment.

An HBPD Lieutenant became suspicious upon reviewing Krause's declaration regarding dismissal of the ticket and initiated an investigation. Krause's declaration was never filed with the court. As no response to Jane Doe's written declaration was ever filed, her citation was ultimately dismissed.

HBPD investigated this case with cooperation from GGPD and the case was submitted to the Orange County District Attorney's Office for review and the filing of criminal charges.

Senior Deputy District Attorney Chris Duff of the Special Prosecutions Unit prosecuted this case.

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To arrange a consultation with an Orange County criminal lawyer please visit www.dswanlaw.net or dial 949-477-3030.

Contact an attorney and certified specialist in criminal defense at the law office of David E. Swanson in Orange County, California at (949) 477-3030 for a free consultation. Clients who are charged with drug offenses, violent crimes, or drunk driving need aggressive representation of them and their...