Practice Areas and Legal Definitions

Assault and Battery:
Assault and Battery cases can arise from neighbor disputes, bar-room brawls, road-rage incidents, or any other conflict between two or more individuals. Sometimes, these incidents involve serious injuries to both the accused and the alleged victim, and other times, there are no injuries.

Bench Warrant
A bench warrant is issued for the arrest of a person when they fail to appear at a court appearance, or fail to comply with an order of the court.

DUI/Driving Under the Influence of Alcohol, Drugs or Both:
Defending DUI cases requires a thorough investigation of all of the facts surrounding the arrest. Defenses to DUI cases can be found from witnesses that were with the driver earlier in the evening, passengers, police reports, breath testing device records, officer logs, videos and anything else that is unique to a particular case.

The DMV can suspend one's driving privilege for up to three years in some cases. We conduct a hearing in every case and we have great success in saving our clients’ driver’s licenses, or limiting the suspension to as little as 30 days.

We have also represented people charged with DUI with Injury and Vehicular Manslaughter.

Domestic Violence:
(Domestic Violence, Battery on a Spouse, Stalking, Violation of a Restraining Order, Trespassing, Criminal Threats, Harassing Phone Calls or Emails and other related crimes)
KAPLAN MARINO attorneys have represented business executives, attorneys, police officers, and other professionals in relation to domestic violence and criminal threats allegations. As highly skilled litigators, the work our attorneys perform during the early stages of these cases can be the difference between whether or not charges are filed, and whether the charges are filed as misdemeanors or felonies. In many cases we are able get our clients Office Hearings in lieu of formal charges.

Drug Offenses
Possession for personal use cases involving marijuana, cocaine, heroin, ecstasy, LSD, crack, or prescription drugs may lead to misdemeanor or felony charges. We specialize in finding alternatives to prosecution in order to avoid convictions, such as deferred entry programs. The emergence of medical marijuana has created a plethora of potential defenses in marijuana cases.

In sales cases, or cases where our clients are alleged to have possessed large amounts of illegal substances, our highly skilled litigators use aggressive and innovative approaches to attack the prosecution’s case while thoroughly examining all law enforcement conduct. We examine illegal search issues relating to detentions, vehicle stops, home searches and any other law enforcement contact. Illegal conduct by law enforcement can lead to dismissal of charges, reduction of the charges, or significantly lighter sentences.

Post Conviction Relief and Expungement:
An expungement is a process by which certain criminal convictions can be removed from a person’s criminal record. If successful, an expungement of a criminal conviction can result in an individual being able to again answer "no" on an employment application regarding a past arrest and conviction.

Felonies & Misdemeanors:
When someone is arrested by the local police department, they are typically prosecuted in State Court. Some typical State Court crimes are, Assault and Battery, Criminal Threats, Driving Under the Influence, Domestic Violence, Drug Offenses, Hit and Run, Kidnapping, Manslaughter, Murder, Pornography, Prostitution, Rape, Sex Crimes, Stalking, Theft Offenses, and “Three Strikes.” State cases may also include City Attorney Office Hearings or District Attorney Office Hearings, Probation Violations, Bench Warrants, as well as Juvenile Crimes.

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, and murder.

Hit & Run
"Hit and Run" can be charged as either a felony or a misdemeanor. The charging decision is based on whether there are injuries, or the case is limited to property damage.

At KAPLAN MARINO, we understand being in an automobile accident can be a very traumatic experience and everyone reacts differently. We have found that an immediate response to these cases can lead to positive results. We regularly speak to law enforcement investigators handling these cases and many times resolve the matter with them without the need to go to court. Identity of the driver is a necessary element in these cases. Proving who the registered owner of vehicle is not enough for a prosecution.

Juvenile Crimes:
The arrest of a child is a traumatic experience for the whole family. Juveniles are treated differently than adults, and our experienced attorneys navigate the juvenile system to our client's advantage. Although there is no right to a jury in juvenile court, the goal of the system is not to punish, but rather, to rehabilitate the minor. With this in mind, our innovative and creative approaches to each individual situation lead to superior results. In many cases, the work we do on our client's behalf, before even going to court serves to help achieve the desired result.

Violent Crimes:
Crimes that involve an altercation between people are sometimes referred to as "violent crimes." These crimes are generally prosecuted in State Court. Assault and Battery, Kidnapping, Murder and Manslaughter are crimes of violence that have high stakes and require superior representation.

Assault and Battery cases can arise from neighbor disputes, barroom brawls, road rage incidents, or any other conflict between two or more individuals. Sometimes these incidents involve serious injuries to both the accused and the alleged victim. Other times there are no injuries to either party. Sometimes, confrontations between people can result in the loss of a life and result in charges of murder or manslaughter. Legal penalties can include long prison terms, including life without the possibility of parole, or even the death penalty.

A charge of kidnapping can arise from the slightest movement of a person from one place to another. We thoroughly investigate and defend these accusations with precision and cutting edge techniques that serve to protect our clients and often lead to extraordinary results. We advise our clients through all stages of the proceedings and safeguard them from overzealous police officers and prosecutors.

Sex Crimes & Pornography:
Sex crimes can include such charges as: Rape, Statutory Rape, Date Rape, Child Molestation, Sexual Battery, Pimping, Pandering, Prostitution, Indecent Exposure, Lewd Conduct, Possession of Child Pornography, Sexual Exploitation of a Minor, and Obscenity, and other related crimes. Sex crimes are prosecuted in both State and Federal courts. Multi-agency task forces investigate child pornography that cross state lines physically or via the internet. Possession or distribution (for example, email) of child pornography in large amounts can be prosecuted in Federal courts with lengthy mandatory minimum sentences. Sex offender registration is a consequence of conviction of most sex crimes. Sentencing alternatives are available to avoid many of the collateral consequences of sex crime cases.

Many sex crimes are violent crimes and are considered strikes under the "Three Strikes" law. Rape and Child Molestation are crimes that involve a great deal of scientific evidence. We are familiar with the procedures and protocols that are required of law enforcement when gathering this evidence. We use highly skilled experts to assist us in creative and cutting edge defenses of these matters.

Theft Offenses:
Theft cases include: Petty Theft, Grand Theft, Larceny, Embezzlement, Fraud, Robbery, and Burglary.

• PETTY THEFT Shoplifting or the theft of something under $400 in value leads to charges of misdemeanor petty theft. Our attorneys regularly negotiate with victims, which may result in the dismissal of the charges, a reduction in the charges, or minimal sentences not involving jail time. In these cases, often inexperienced private security guards make citizen’s arrests. Our attorneys are adept at exposing the weaknesses in these cases for the benefit of our clients.
   
• EMBEZZLEMENT Embezzlement cases generally involve a theft by someone in a position of trust, for example, employees, book keepers, politicians, or others. Our attorneys are adept at dissecting the details and relationships that lead to allegations of embezzlement. We understand that defending these cases requires a keen understanding of the particular business that is making the accusation. We immerse ourselves in these cases until we have a firm understanding of the facts and a focused defense.
   
• FRAUD There are different types of fraud cases: credit card fraud, identity theft, white collar fraud, tax fraud, ponzi schemes, money laundering, investment fraud, stock fraud, backdating and numerous others. No matter the type of fraud case, we pay attention to the detail that is required to effectively defend these complex cases.
   
• ROBBERY Robbery is a serious felony that can result in a “strike” conviction causing serious consequences for any future cases. These cases involve the taking of property from another by force or a threat of force. Our attorneys defend these cases vigorously, attacking witness credibility, eye witness accounts, and all legal issues.
   
• BURGLARY Breaking into a business, automobile or home is a burglary. A residential burglary can be a “strike” causing serious consequences for any future cases. We examine all of the details involved in these cases. Our attorneys discover all defenses through thorough investigation, intensive legal research, and cutting edge approaches. We regularly obtain extraordinary results for our clients.

White Collar Crimes:
We have successfully represented individuals accused of Accounting Fraud, Bank and Mortgage Fraud, Bankruptcy Fraud, Bribery, Computer and IP Crimes, Conspiracy, Contempt of Court, Counterfeiting and Forgery, Customs Violations, Credit Card Fraud, Embezzlement and Theft, Environmental Offenses, Email Intercepting, Extortion and Threats, False Statements, Forfeiture, Health Care Fraud, Identity Fraud, Insurance Fraud, Investment Fraud, Import-Export Offenses, Insider Trading, Internet Fraud, Mail Fraud, Medicaid/Medicare Fraud, Money Laundering, Perjury, Pharmaceutical Fraud, Ponzi and Pyramid Schemes, Postal Fraud, Pornography, Procurement Fraud, Public Corruption, Racketeering/RICO, Regulatory Violations, Securities Fraud, Tax Fraud, Telemarketing Fraud, Wire Fraud, and Witness Tampering.

Appellate:
n State Court, some matters can be appealed via the writ process, prior to the conclusion of the case. Once the State Court case is concluded, an appeal can be taken to the California Court of Appeal, and eventually the California Supreme Court.

In Federal Court, matters are appealed to the Ninth Circuit, and ultimately, if legal grounds exist, to the United States Supreme Court.

If you or someone you know is in need of an experienced Beverly Hills, California Criminal Defense Attorney, call KAPLAN MARINO today at 310-895-9546, or complete the contact form provided on this site to arrange for your free initial consultation.

Professional Profile

If you or someone you know in Beverly Hills California is in need of an experienced Criminal Defense Lawyer, please contact KAPLAN MARINO today at 310-895-9546, or complete the contact form provided on this site to schedule your free consultation.

ADDRESS OF THE FIRM:
KAPLAN MARINO
9454 Wilshire Blvd. Suite 500
Beverly Hills, CA 90212
Phone: 310-895-9546
Hours: M-F, 8:00AM-5:00PM

ATTORNEY RICHARD KAPLAN

Richard Kaplan is a partner in the Beverly Hills firm of KAPLAN MARINO.  Mr. Kaplan has been a private Criminal Defense Attorney since he graduated Pepperdine University School of Law in 1987.  He has tried cases in State and Federal Court. He has handled allegations including but not limited to Insurance Fraud, Medicare Fraud, Murder, Robbery, Embezzlement, Domestic Violence, Sex Crimes, Environmental Crimes, White Collar Crimes, Multi-Kilo Narcotic Cases, Driving Under the Influence of Drugs and Alcohol as well as Asset Forfeiture Matters.  Clients have included Professional Athletes, Entertainment Industry Professionals, Doctors and Lawyers.  All cases are personally handled with confidentially and discretion.

Mr. Kaplan is admitted to practice in the United States Courts for the Central, Eastern, Northern and Southern Districts of California.  He is also admitted to practice in the United States Supreme Court.

Mr. Kaplan is a past president of the Beverly Hills Bar Association Barristers, and served on the BHBA board until 2001.  In 1993 he was presented the Laurence J. Blake award for distinguished service.  Mr. Kaplan is a past Chairperson of the Criminal Law Section of the Beverly Hills Bar Association.

Mr. Kaplan is currently a member of the Beverly Hills Bar Association, the Los Angeles County Bar Association, California Attorney’s for Criminal Justice, and the National Association of Criminal Defense Lawyers.

Mr. Kaplan is a frequent speaker on criminal law and related topics.  Mr. Kaplan has spoken at the State Bar of California Annual Meeting and Section Education Institute.  He regularly teaches a class for new lawyers for the Beverly Hills Bar Association.

Mr. Kaplan has been voted by his peers a “Southern California Super Lawyer” since 2006.

ATTORNEY NINA MARINO

Nina Marino is a partner at KAPLAN MARINO. She is an experienced trial and appellate attorney with more than 20 years experience in both State and Federal court cases. Ms. Marino has particular expertise in complex white collar crime matters including all areas of fraud, computer crimes, tax crimes and securities cases, and has handled such matters across the United States. Ms. Marino is also well versed in pretrial resolutions and in avoiding the filing of criminal charges through persuasive negotiation. Ms. Marino is proficient in all sentencing issues and in assuring the best possible outcome. Her clients include business people, professionals, students, and others.

Ms. Marino is a State Bar of California Certified Criminal Law Specialist since 2001. Ms. Marino currently sits by appointment on the American Bar Association Criminal Justice Section Council, and previously held the same position 2005-2008. She is the past co-chair of the ABA Solo and Small Firm Section (2007-2008), past co-chair of the ABA Defense Function Committee (2001-2002), and past Criminal Defense Attorney Liaison to the United States Attorney for the Central District of California for the White Collar Crime Committee, West Coast Chapter of the American Bar Association (2000-2001).

In 2003 Ms. Marino was selected by the United States District Court for the Central District of California as one of 20 lawyer representatives appointed to the Ninth Circuit Judicial Conference, and served a three year term as Liaison between the bench and the bar representing attorneys practicing in California’s Central District.

Ms. Marino has sat by appointment to the California State Bar Committee on the Federal Courts (1999-2002).

Ms. Marino is also a former Board Member of the Beverly Hills Bar Association (2000-2003), past chair of its Criminal Law Section (2001-2003), past board member of the Women’s Lawyers Association of Los Angeles (1996-1999), and a former co-chair of its Criminal Justice Section (1996-1999). Ms. Marino is also a long standing member of the National Association of Criminal Defense Lawyers.

Ms. Marino is a frequent lecturer and program coordinator of topics relating to the criminal justice system. She is a regular national speaker for the American Bar Association, Criminal Justice Section, White Collar Crime Committee, on topics ranging from sentencing to white collar defense to audit committees. In 2008 she addressed the Section of International Law for the American Bar Association, and in 2005 she addressed The Federal Bar Association and the United States Sentencing Commission. Ms. Marino recently addressed the California Society of Forensic Certified Public Accountants and has addressed the California State Bar at the Annual meeting on several occasions. Ms. Marino has also addressed the American Psychological Association and the Beverly Hills Bar Association.

Ms. Marino has been voted by her peers a “Southern California Super Lawyer” since 2004.