Individuals convicted of a crime in the State of California, whether by admission of guilt or through the determination of a jury, are subject to, among other penalties, fines, imprisonment, probation and community service. Defending your criminal case in the strongest possible way is critical to both your freedom and your future.

As a skilled Los Angeles Criminal Defense Attorney, I have extensive experience defending the rights of people arrested and accused of criminal offenses. I handle all types of criminal cases, including minor infractions and misdemeanors and the most serious felony indictments, such as drunk driving, drug possession, narcotics sales, theft and grand larceny, white collar fraud, embezzlement, sex offenses, arson, conspiracy, assault, domestic violence, robbery and murder.

I have more than 30 years of experience handling criminal cases in the courts of Encino, California and the surrounding cities and counties of California, providing trusted legal solutions in areas such as:

• Drunk Driving/ DUI
• Drugs and Narcotics Charges
• White Collar Crimes  
• Domestic Violence
• Felony Crimes
• Misdemeanors
• Gun Violations
• Homicide
• Internet Crimes
• Investigations
• Juvenile Matters
• Sex Crimes
• Traffic Offenses
• Expungement Motions

I handle all State, County, and City criminal defense matters. I cover Los Angeles County, Ventura County, Orange County, and travel to other counties in the State when retained to do so. I represent the accused in defense of every type of criminal offense, including murder, rape, robbery, child molesting, terrorist threats, assault, domestic violence, narcotics possession, sales and manufacturing, drug possession, and drunk driving. I also handle white collar crimes, including embezzlement, grand theft, personation, among others. This office also represents juveniles accused of crimes, including juvenile court proceedings.

In addition to defending client's accused of committing a crime, I also represent clients in collateral administrative law proceedings instituted by governmental agencies to take away a client's professional license based upon the same conduct alleged in the criminal law case. In drunk driving cases, this means hearings before the Department of Motor Vehicles to save client's driving privileges. Many times it involves representation of clients before the Medical Licensing Board, the Realty Licensing Board, the Insurance Licensing Board, the Teacher's Licensing Board, the Vehicle Dealership and Sales Licensing Board, and the State Bar which licenses attorneys.

This office makes use of excellent proven private investigation resources, crime scene schematic drafting, forensic alcohol experts, accident reconstruction experts, and any other forensic experts necessary in the representation of the client.

The outcome of any criminal case depends upon several factors: the facts surrounding the charges, the strength of the evidence, the legal validity of law enforcement and courtroom procedures, and the goals and strategy of the government and defense. As an experienced Los Angeles Criminal Defense Attorney, I will navigate you through this complicated legal process.

If you or someone you know needs the skilled legal representation of an experienced Los Angeles Criminal Defense Attorney, call Gerald Fogelman today at 866-740-1944 or complete the contact form provided on this site to schedule your initial consultation.

Practice Areas and Legal Definitions

Fraud:
In criminal law, fraud is the crime or offense of deliberately deceiving another in order to damage them — usually, to obtain property or services from him or her unjustly.  Fraud can be accomplished through the aid of forged objects. In the criminal law of common law jurisdictions it may be called "theft by deception," "larceny by trick," "larceny by fraud and deception" or something similar. Fraud can be committed through many methods including mail, wire, phone and the internet.

Domestic Violence:
Domestic violence is any physical, emotional, sexual or other violence that takes place between people who may be married or not married; heterosexual, gay, or lesbian; living together, separated or dating. Domestic violence can be criminal and include physical assault: hitting, pushing and shoving, etc., sexual abuse: unwanted or forced sexual activity, and stalking. Domestic violence charges can have a serious impact on your life.

Felony Crimes:
Felony Crimes involve drug and narcotics charges, arson, burglary, armed robbery, murder and/or attempted murder, rape and/or sexual assault, kidnapping and aggravated assault and battery. A felony conviction is a serious matter that can result in a substantial state prison sentence and the potential loss of certain privileges and Constitutional rights of U.S. citizenship, such as the right to possess a firearm or the right to vote.

Misdemeanors:
Misdemeanors are more serious than petty offenses, but much less serious than felonies. Misdemeanors typically result in imposition of such punishments as a fine or a jail sentence not exceeding a year. If a jail sentence is imposed, it is served at a local, city or county jail rather than a state or federal prison (penitentiary). In many jurisdictions and in certain types of cases defendants who can't afford an attorney are not entitled to a court-appointed attorney in a misdemeanor case. Unlike felonies, misdemeanors are usually handled by special courts with abbreviated procedures, such as a city court or municipal court.

Serious Violent Crimes and Murder:
By definition, a violent crime is a behavior by persons, against persons or property that intentionally threatens, attempts or actually inflicts physical harm. The seriousness of the injuries to the victim(s), whether or not guns or other weapons were used and/or whether or not the alleged perpetrator has a criminal record will determine the seriousness of the charge. Most violent crimes are considered felonies and are subject to be considered a "strike" in a state that has adopted three strikes laws. Violent criminal charges can include: aggravated assault, arson, assault and battery, domestic violence, hate crimes, homicide, larceny, rape, manslaughter, mayhem and murder.

One of the most serious areas of violent crime is homicide - killing a person, whether lawfully or unlawfully. Justifiable homicide and excusable homicide are lawful homicides, while criminal homicide, negligent homicide, reckless homicide and vehicular homicide are unlawful homicides. Unlawful homicide comprises the two crimes of murder and manslaughter.

DUI/Driving Under the Influence:
"DUI" stands for Driving under the Influence and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, a DUI conviction stays on a DMV record for several years, it typically results in higher insurance premiums, and an offender may become ineligible for credit.  Plus, a DUI could also jeopardize your employment opportunities.

However, if someone was injured as a result of the drunken driving accident, it is possible the defendant will be charged with a felony (and if the victim dies, the driver may be charged with vehicular manslaughter). Further, a DUI conviction will likely be raised to a felony if it is the driver's fourth DUI offense or the driver has had a prior felony DUI offense within 10 years of the new charge.

White Collar Crimes:
High-tech professionals, corporate executives and clergy who are criminally charged for offenses such as corporate theft, counterfeiting, embezzlement, forgery, hacking, fraud, tax evasion or bad checks are often referred to as "white collar" offenders and are prosecuted for white collar crimes. In some cases, first-time offenders are convicted and sent to prison, even with no prior criminal history. An arrest and conviction for one of these crimes can have a serious impact on your life.

Expungement Motions:
An Expungement of your record results in the extraction and isolation of all records on file with any court correctional facility or law enforcement agency. The records that are expunged include complaints, warrants, arrests reports, commitments, criminal history records, fingerprints and your rap sheet.

Contrary to popular belief, your record is not automatically cleared or expunged with the passage of time. Even if you were never found guilty, an arrest is not expunged unless a court grants your Expungement petition. State statutes impose application guidelines and waiting periods for various types of arrests and convictions. The guidelines provide instruction for what can be expunged and set forth certain specific types of offenses that cannot. The guidelines also impose waiting periods that are calculated from the completion of the sentence imposed by the court.

It is important to note that an Expungement does not destroy records; it extracts and isolates the records. Under most circumstances, once an Expungement has been granted those records cannot be disclosed. A person who has been granted an Expungement can respond that he or she has no conviction when asked a question about having a criminal record. Exceptions to this rule include a person seeking a second Expungement, a person seeking a conditional discharge, and a person seeking to obtain employment in law enforcement.

What to bring to a consultation:

• A copy of all papers pertaining to your arrest(s);
• A copy of all court papers pertaining to the disposition of the charge(s) you want expunged; and,
• A copy of any report pertaining to the completion of any probationary or diversionary treatment program.

Juvenile Delinquency:
Delinquency is a legal term for criminal behavior carried out by a juvenile. Delinquent behavior is divided into two categories: status offenses and delinquency offenses. Status offenses are those acts which would not be considered offenses if committed by an adult, such as school truancy, running away from home, alcohol possession or use, or curfew violations. Juvenile Delinquency offenses involve destruction or theft of property, commission of violent crimes against persons, illegal weapon possession, or the possession or sale of illegal drugs.

Juvenile Court:
Juvenile court is unique and should not be treated as if it were adult court for young clients.  While the substantive criminal law is the same in juvenile and adult court, the procedures and sentencing law are substantially different.  The consequences of a misstep by an attorney inexperienced in juvenile matters can be devastating. For example, contrary to what many parents believe, a juvenile conviction is not removed from a child's record when he or she turns 18.

Despite the rehabilitative focus of juvenile court, juvenile convictions are counted as criminal history in future cases.  They also remain on state criminal records databases and may affect a young person's ability to enter college, obtain employment, financial aid, a driver's license or join the military.   Additionally, juvenile convictions can result in commitment to a juvenile detention facility or institution for periods ranging from days to months and even years. Worse, in some cases, a child may end up being prosecuted in adult court where the punishment is even more severe.

Choosing an experienced Los Angeles Criminal Defense Attorney is an important first step to protecting your rights and your future.

Appellate and Post Conviction:
In an appeal, an appellate court reviews the record of the pre-trial and trial proceedings for legal errors. The record includes the court file, the court reporter's transcript and the evidence and exhibits introduced in the trial court. In general, an appellate court does not consider information that is not contained in the record.

A post-conviction petition is the general name for what is called a "collateral attack" on a conviction. In federal court, they are called habeas corpus petitions. By using a post-conviction petition, a defendant generally can bring evidence before the reviewing court that was not part of the record on appeal, and in this way raise issues that would otherwise not be reviewed.

Internet Crime:
Internet crime is defined as any illegal activity involving one or more components of the Internet such as websites, chat rooms and/or email. Internet crime involves the use of the Internet to communicate false or fraudulent representations to consumers. These crimes may include, but are not limited to, advance-fee schemes, non-delivery of goods or services, computer hacking, phishing, pharming, programming worms, viruses or employment/business opportunity schemes.

Sex Crimes:
Sex crimes can include such charges as: Child Abuse, Child Pornography, Date Rape, Failure to register (as a Sex Offender), Indecent Exposure, Internet Porn, Lewd Conduct, Marital Rape, Molestation, Obscenity, Pedophilia, Pornography, Prostitution, Rape, Sexual Abuse, Sexual Assault, Sodomy and Statutory Rape. Many sex crimes are considered felonies and require convicted defendants to continually register themselves as publicly recognized sex offenders with the local and state authorities where they live and work. Charges of sexual misconduct carry extremely serious penalties and these crimes are commonly punished more severely than any other crime except murder. Sexual misconduct is seldom witnessed by anyone other than the accuser and accused and the risk of conviction of an innocent person is drastically higher in these cases.

Drugs and Narcotics Charges:
Drugs and Narcotics laws have tried to keep up with the changing perceptions and real dangers of substance abuse. By 1970, over 55 federal drug laws and countless state laws specified a variety of punitive measures, including life imprisonment and even the death penalty. To clarify the situation, the Comprehensive Drug Abuse Prevention and Control Act of 1970 repealed, replaced, or updated all previous federal laws concerned with narcotics and all other dangerous drugs.

Most states have laws that give different treatment to possession of different categories of drugs (i.e. prescription drugs, marijuana, crystal methamphetamine), and also make a distinction in the offense charged as to whether a small amount of the drug was found with the defendant (personal use) or a larger amount (intent to sell or distribute, trafficking). A conviction on a drug charge of any magnitude, even a small amount of marijuana, can seriously affect your present and future employment chances, your education, your reputation and your freedom.

Traffic Crimes:
Traffic crimes are specifically addressed in state statutes. The complex body of law that regulates the operation of motor vehicles on the streets and highways can be difficult to interpret and apply.  Examples of traffic crimes include reckless driving, aggressive driving, drag racing, and driving with a suspended license.

Driving with a Suspended License:
Driving with a suspended or revoked license is considered a crime, and can result in heavy fines and possible jail time. At worst, it may be considered a felony, and the offender could end up in state prison or with an obligation to perform many hours of community service. The penalties are typically heaviest if the license suspension or revocation was the result of a conviction for driving under the influence of alcohol or drugs (DUI/DWI).

Driver’s License Revocation:
Typically, a driver’s license will not be revoked for one or even two traffic tickets resulting from a moving violation such as speeding, running a stoplight or stop sign. However, if the offense is extremely reckless and/or if the driver has had previous convictions for moving violations in the past, his or her license may be revoked or suspended. If the driver is charged with drunk driving, reckless driving, or is involved in a hit-and-run, the defendant’s license may be suspended for a year or more.

If you or someone you know needs the skilled legal representation of an experienced Los Angeles Criminal Defense Attorney, call Gerald Fogelman today at 866-740-1944, or complete the contact form provided on this site to schedule your initial consultation.

Professional Profile

If you or someone you know needs the skilled legal representation of an experienced Los Angeles Criminal Defense Attorney, call Gerald Fogelman today at 866-740-1944, or complete the contact form provided on this site to schedule your initial consultation.

FIRM ADDRESS:
Law Offices of Gerald L. Fogelman
16133 Ventura Blvd., Suite 700
Encino, CA 91436
Phone: 866-740-1944
Hours: M-F, 8:00AM-5:00PM

MEMBERS OF THE FIRM:

Gerald Fogelman

EDUCATION:

• J.D., Southwestern University School of Law, Los Angeles, California, 1973 (Honors: Themis Society)
• B.A., California State University, Northridge, California, 1970 (Honors: Dean's List: June 1969 & June 1970; Major: Philosophy; Minor: Psychology)

BAR ADMISSIONS:

• California, 1973

REPRESENTATIVE CASES:

• People v. Moore, 166 Cal.App.3d 540 (Court of Appeals 1985)

REFERENCES:

• Law Offices of Kingsley & Kingsley, Encino, California
• Law Offices of Michael J. Collins, Encino, California
• Law Office of Mazo & Vidor, Sherman Oaks, California
• Law Office of Hymes & Anker, Encino California
• Law Office of Weissman & Akron, Culver City, California
• Law Office of David Margulies, Woodland Hills, California
• Law Offices of Richard Lobl, Encino, California
• Law Offices of Fred Glantz, Encino California
• Ex Supreme Court Justice Armand Arabian
• Law Offices of Hagen & Merrit, San Fernando Valley, California

CLASSES/SEMINARS TAUGHT:

• Law & Philosophy, California Community College, 1975

PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS:

• San Fernando Valley Criminal Bar Association, 1985, Vice President
• San Fernando Valley Criminal Bar Association, 1986, President
• 5 years on the SFVBA Board of Trustees
• Chairman of SFVBA Criminal Law Section since 1996
• Encino Chamber of Commerce, 2000, Member
• 2nd year on the Board of Directors Encino Chamber of Commerce
• Member of California Attorney's For Criminal Justice
• Member of California Public Defender's Association
• President of SFV Criminal Bar Association 1986 - 1987
• SFV Criminal Bar Association Trial Attorney of the Year 1992 - 1993

PAST EMPLOYMENT POSITIONS:

• L.A. County District Attorney, Deputy District Attorney, January, 1974 - August, 1978
• Legal Aid & City Attorney Student Intern Program, Student Intern, 1973

ADDITIONAL CERTIFICATES, RESOLUTIONS AND AWARDS:

• Sworn in by the California Supreme Court 1973
• Southwestern University School of Law, Themis Society 1974
• Sworn in to practice before the U.S. District Court, Central District of California 1979
• Certificate of Recognition by the California State Senate 1986
• Honored by the California State Assembly 1986-1987
• Honored by City Council of Los Angeles resolution 1987 for innovations in the Criminal Bar
• Honored by the California State Assembley 1987
• Honored by the California State Senate 1987
• Honored by the Board of Supervisors of the County of Los Angeles 1993