San Jose Criminal Defense Law Blog

Floyd Landis, the former professional cyclist, is currently under investigation by federal authorities in California for possible fraud. The federal authorities have been apparently looking into Landis' now-defunct Floyd Fairness Fund, which was established by Landis in 2006 in order to help raise money for his defense against doping charges, to see whether all was legal or whether any crimes were committed.

Landis tested positive for synthetic testosterone after he won the Tour de France in 2006 and was stripped of his title. Landis proclaimed in the media until 2010 that he was innocent of the charges. He wrote a book called, "Positively False," about how he was innocent. He also set up the fund and raised $1 million from donors around the country to help with his defense.

In California, police officers are required to have legal basis to pull you over before any traffic stop. This could include swerving, running a red light or speeding. Actor Matthew Fox was allegedly swerving last Friday before being stopped and charged with driving under the influence. The 45-year-old husband and father of two is best known for his role on ABC's "Lost."

Apparently, law enforcement officials stopped Fox and an unidentified passenger who were reportedly on their way to pick up fast food at about 2:30 a.m. According to the police report, Fox allegedly swerved out of his lane and failed to use appropriate turn signals, which led to the traffic stop.

In California and around the country, hundreds of police-manned drones could soon be flying through the air collecting data on those the police suspect of committing crimes. According to the Los Angeles Times, the FAA must come up with rules by May 14 on how these drones can operate safely in the nation's airspace.

Drones are unmanned planes that can carry sensing devices and cameras, and the FAA will be making rules regarding drones that are about the size of a model plane. These drones are smaller than 4.4 pounds and are flown below 300 feet in daylight.  Drones operated by police could collect information on drug trafficking, traffic violations and other information.

The importance of a strong criminal defense was highlighted recently in a case involving a professional athlete. Former California NFL football player Jeffrey Walker was recently sentenced in federal court for his conviction in connection with the white collar crimes of wire fraud and tax evasion. The charges against the 48-year-old former professional athlete were that he defrauded investors concerning a real estate development in China.

Walker had told investors that he planned to build a residential resort in China. He convinced as many as 30 investors to invest money for a land development project which was to include estate homes, townhomes and patio homes. He organized two companies, Charter Resources International and Sterling Group Holdings Inc., which were intended to develop the properties.

When drivers have been involved in an accident, sometimes their first reaction is to leave the scene. This may be for many reasons, but chief among them is when the driver has consumed alcohol prior to the accident and is concerned about being asked to submit to a field sobriety test and a breath test.

However, leaving the scene of an accident carries with it its own consequences, such as the additional weight of having to defend against charges of hit-and-run. As a result, leaving the scene of a car accident is generally not in a driver's best interest.

John Edwards' defense team will be spending the next few days cross-examining the prosecution's key witness, former aide Andrew Young. The defense today has been working to portray the former employee of Edwards as opportunistic and lacking in credibility. Young worked for Edwards during his presidential campaign and covered for Edwards to try to keep the news from the public that Edwards was having an extra-marital affair with a campaign videographer and fathered a child with his mistress.

Edwards is facing six federal criminal charges related to campaign finance violations. It is unusual to be charging Edwards with crimes versus enforcing civil penalties for the violations. Edwards has pleaded not guilty to all the charges. Young was given immunity from prosecution in exchange for his testimony against Edwards, another opportunity the defense is likely to point out.

Bobby Brown will not have to serve time in jail for his recent DUI. Brown was pulled over by law enforcement officers on March 26 in California for talking on his cellphone. After he was pulled over, the police officer suspected he was driving under the influence and administered field sobriety tests, which Brown failed.

The singer was charged with misdemeanor driving under the influence. He pleaded no contest on Wednesday and was sentenced to three years' probation. He was also sentenced to a day in jail, but he had already served that time in jail and was given credit for time served. He could have faced up to a year in county jail.

John Edwards' federal criminal trial for alleged campaign finance violations in his 2008 presidential campaign has begun. The former presidential candidate is accused of improperly accepting and using unreported campaign contributions in order to avoid a scandal involving an extramarital affair and a child born to his mistress. Edwards allegedly used significant money from two wealthy donors to pay for the living expenses of his pregnant mistress.

Edwards has pleaded not guilty to six white collar crime charges. He could face up to 30 years in prison and $1.5 million in fines if convicted. Edwards and his defense attorneys maintain that the money given to Edwards was not campaign contributions but was meant to be gifts.