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Radical Law Center featured in The Examiner

The Examiner mentions the Radical Law Center and Los Angeles criminal defense attorney Dan Kapelovitz in an article entitled “Saul Goodman-like attorneys proliferate in the real world” about how real-life attorneys are allegedly influenced by the Breaking Bad character Saul “Better Call Saul” Goodman, portrayed by actor Bob Odenkirk.  The article states that the “strip mall officed, over-the-top flamboyant barrister population seems to have grown and embraced the Goodman business model.”  However, the article fails to mention that while the Radical Law Center’s website does feature a photograph of RLC founder and real-life criminal defense lawyer Dan Kapelovitz with television criminal defense lawyer Bob Odenkirk, the photograph is accompanied by an all-important disclaimer which reads,Saul Goodman, Bob Odenkirk, and the producers of Breaking Bad in no way endorse the legal services of Daniel I. Kapelovitz or the Radical Law Center.  Nor does Daniel I. Kapelovitz or the Radical Law Center condone the often-questionable ethical behavior of the fictional character known to the masses as Saul Goodman.”  Click here to see the photograph in its proper context, or see the photo and the above-mentioned all-important disclaimer below.

dk and bob odenkirk

 

 

 

Disclaimer: Saul Goodman, Bob Odenkirk, and the producers of “Breaking Bad” in no way endorse the legal services of Daniel I. Kapelovitz or the Radical Law Center.  Nor does Daniel I. Kapelovitz or the Radical Law Center condone the often-questionable ethical behavior of the fictional character known to the masses as Saul Goodman.

 

How to Prevent the Gov’t from Using Your Smart Phone Against You

Vice.com has a pretty informative article entitled “How to Avoid Self-Incrimination via Smartphone.”  But it leaves out the best piece of advice.

The authors advise readers to (1) use passwords, (2) close your data-tracking apps, (3) keep your data in the cloud, and (4) leave your phone at home if you anticipate an arrest.  All good advice, yet none of these are fool-proof.

According to this humble criminal defense attorney, yours truly, the best way to avoid incriminating yourself via smart phone is DON’T PUT INCRIMINATING INFORMATION ON YOUR PHONE!

Don’t text your buddies that you just committed a crime.  Don’t take photos of your illegal activity.  Don’t use your phone to facilitate criminal behavior.  And if you want to keep your location secret, don’t carry a phone.

Whenever you write a text or an email, assume the government will eventually be able to read it (if they aren’t already reading it in real-time).

Even better yet, don’t commit the crime.  While being innocent won’t guarantee that you won’t be put in prison (or even executed), it does help your chances.

The Supreme Court recently heard oral arguments in the case Riley v. California regarding cell phone searches.  But don’t count on the Supreme Court justices to protect your constitutional rights.  They rarely do.

COPSLIE License Plate Case

Here is the decision in the New Hampshire COPSLIE license plate case,  Montenegro v. N.H. Div. of Motor Vehicles (N.H. May 7, 2014).

David Montenegro may have won his case, but doesn’t he fear that cops will illegally pull him over in violation of his Fourth Amendment rights merely because they dislike his license plate, only to lie about their reasons in court?

He should have gotten a license plate like this:

10301600_10152784595393332_1278822019671256801_n

Radical Law Center Featured on “Lowering the Bar”

Attorney: “The Training I Received at Hustler Was Extremely Helpful” in Law School

Susannah Breslin, who is a contributor at Forbes.com, has posted her interview with Dan Kapelovitz, who is currently a criminal-law attorney but previously worked at Hustler magazine. See How A Porn Magazine Editor Became A Criminal Law Attorney,” Forbes.com (Apr. 17, 2003).

According to this, that magazine has articles in it, and Kapelovitz worked as an editor/writer of said articles. He says he frequently wrote about criminal-law topics, and ultimately decided to go to law school. “It turned out that I loved law school,” he says, “and the writing and editing training I received at Hustler was extremely helpful.”

You should read the whole interview, which has many great quotes in it. I will just borrow one more:

What’s the difference between being a porn magazine editor and being a criminal law attorney?

Not much…. [I]n both jobs, you spend hours and hours researching and writing something that very few people are going to actually read.

Don’t Become a Hostage in an L.A. County Jail

If you are ever visiting someone in the Los Angeles County jail system, try to not to become a hostage. Pursuant to the California Code of Regulations, “hostages will not be recognized for bargaining purposes” during attempted escapes by inmates. (See Section 3304, California Code of Regulations, Title 15, Division 3, Chapter 1.)

In other words, you are doomed.

 http://www.cdcr.ca.gov/Regulations/Adult_Operations/docs/Title15-2013.pdf

“Driving While Weird”

by Dan Kapelovitz

On April 4, 2007, Don Bolles, the once and current drummer of the Germs, was arrested for possession of a controlled substance. The substance? Dr. Bronner’s Soap. Peppermint, to be exact. Bolles, 50, was driving himself and his 21-year-old girlfriend, Cat Scandal, through the clean streets of Newport Beach to an Alcoholics Anonymous meeting when he was pulled over for a faulty tail-light.

When the cops discovered a bottle of organic liquid soap, they separated Don and his girlfriend and asked them independently what the product was. They both said it was soap. Unconvinced, the police performed a field test on the substance, and it tested positive for the so-called date-rape drug GHB (gamma-Hydroxybutyric acid).

Many people who know Bolles and his personal hygiene habits (or lack thereof) couldn’t believe that he actual used soap, much less carried it on his person at all times.

“I don’t bathe that often,” Bolles admits, “but when I do, I use Dr. Bronner’s. I’ve been using it for 35 years. I brush my teeth with it, I do my laundry it, and wash my face with it.”

Bolles spent four days in various Orange County detention facilities.

“I got thrown into a cell with a guy who smelled like the most evil barf,” recalls Bolles. “He was a porcupine of evil barf smell, just spewing these barbs of evil barf.”

Bolles was also charged with contempt of court and for violating a protective/stay away order.

Bolles claims that he and Cat have an “amicable restraining order” where the two can see each other if they so please. “In this post-O. J. world, everyone has to sign a restraining order,” says Bolles. “We have a full-contact restraining order. It’s full-service. We get to live together, get to have sodomy of all different sorts and varieties. We can do any kind of hideous evil sex act to each other–animals, things alive and dead of all descriptions and some with none, and certain nuns too. We just can’t annoy, harass or date-rape each other with GHB.”

The contempt of court charge was based on the felony drug charge itself; if Don actually had been possessing GHB, then he would have been in violation of his probation.

Nora Keyes, a band member with Don in the Fancy Space People, organized a web campaign via MySpace to raise bail, and Giddle Partridge, a former Bolles bandmate, called Dr. Bronner’s Magic Soaps headquarters and contacted Michael Bronner, Vice-President and grandson of the original Dr. Bronner. Bronner offered to post bail, but by that time, enough small donations had been raised to bail Bolles out of jail.

Bronner then offered to pay Bolles’s legal fees and hired Bolles an attorney.

Of the field tests, a lawyer working on the case said, “I don’t think a test that is that inaccurate should be used by the police, who are taking people’s liberties away.”

When the authorities tested the soap in a real lab, it tested negative for GHB. An Orange County DA spokesperson has said that all charges have been dropped, but according Laschley-Haynes, the DA wants to test the soap yet another time.

Bolles believes he was pulled over and subsequently searched for “driving while weird.”

Laschley-Haynes agrees: “If you look out of the norm, especially if you are somewhere in Orange County, you get profiled, unfortunately. If it were me in my suit, driving my decent car, I highly doubt they ever would have tested soap in my purse. The sad thing is that things like this happen all of the time. His case just happened to get some attention because of his musical background.”

Attention it has gotten. Bolles’s arrest started a mini-media frenzy. Don was quoted extensively in the press as crediting the soap with giving him the complexion of a 15-year-old girl, an assertion mocked by Jimmy Kimmel on national television.

“He is actually a pretty good spokesperson,” says David Bronner, President of Dr. Bronner’s.

Bolles visited Dr. Bronner’s distribution center in Escondido, where he learned that Internet sales have skyrocketed since his arrest. He was asked by Dr. Bronner’s employees to sign bottles of the soap. “They were in a real lather about it,” punned Bolles.

The Bronners bought drug-test kits of the kind used on Bolles’s soap and tried it on various other soaps, including Neutrogena and Tom’s of Maine, which also tested positive for GHB.

Either something’s amiss with these police field drug-testing kits or someone is trying to date-rape America by dosing our soap supply.

There is talk of a possible civil suit, and Dr. Bronner’s is considering sponsoring some of Don’s artistic endeavors. Don may actually profit from his misfortune. But when it is suggested that this may be the best thing that ever happened to him, Bolles responds, “If this is the best thing that ever happened to me, I’ve had a pretty shitty life.”

If you or someone you care about has been arrested for possession of soap, call the Radical Law Center today!