Los Angeles News

SANTA ANA, Calif. (CBS) ― An Orange County defense lawyer known for his aggressive courtroom tactics was sentenced Friday to six months in jail for paying a bail bonds firm to send clients his way.

Joseph Gerard Cavallo, 52, also was placed on three years probation and fined $10,000. He is to report to jail March 7.

Cavallo pleaded guilty -- without a plea agreement -- before Orange County Superior Court Judge Carla Singer on Oct. 12 to three felonies: conspiracy to commit the crime of attorney capping, conspiracy to commit the crime of attorney recommendation by a bail licensee, and violating the Insurance Code in connection with recommendation by a bail licensee.

Two bail bondsmen who previously admitted their roles in the scheme were sentenced last October to four months in jail and fined $9,000.

Under state law, it's illegal for bail bonds workers to recommend any attorney to any bail bond client, even if no money changes hands. The law also bars attorneys from paying non-lawyers for client referrals.

In requesting that the judge impose no jail time, defense lawyer John Barnett argued that Cavallo, an attorney for 25 years, worked hard for his clients and charged modest fees.

"The crime was not cheating his clients, not caring for his clients and having them wind up in prison," Barnett said.

Senior Deputy District Attorney Ebrahim Baytieh acknowledged that many people wrote letters to the judge saying Cavallo did a good job for them.

But society has a right to know that attorneys will follow the law, Baytieh told the judge.

The judge denied the request, saying, "A corruption of the criminal justice system is unsettling for everyone."

"It's a very sad day for you," the judge said. "I know today is sadder for you than anyone."

Baytieh said outside court that Cavallo is expected to serve about two-thirds of his sentence, with about one-third off for good behavior.

Susan Schroeder of the Orange County District Attorney's Office said Cavallo cannot practice law now, but he can apply again in five years. However, the type of crimes that may bar return of his license, Schroeder said, are crimes of moral turpitude and those having to do with the practice of law -- both factors in Cavallo's case.

Because Cavallo pleaded guilty, according to Schroeder, he has only limited ability to appeal his conviction and sentence, such as arguing he did not understand what he was doing when he pleaded guilty, she said.

The lawyer gained notoriety for his strident defense of Greg Haidl, son of a former assistant sheriff, in a gang-rape case. The young man was convicted at his second trial of sexual assaulting a 16-year-old girl on a pool table and videotaping the encounter. Haidl and two others are serving prison terms in connection with that case.

Cavallo also briefly defended former Assistant Sheriff George Jaramillo on charges of corruption. Jaramillo was sentenced to a year in jail.

Cavallo had claimed when he was indicted two years ago that he was the target of vindictive prosecution. But Singer, after considering pretrial motions, denied that claim.

Cavallo's attorney, John Barnett, said earlier his client is ready to put that claim behind him.

"Mr. Cavallo pleaded guilty to the charges in the indictment because he is guilty," Barnett told reporters outside the courtroom. "He made a mistake and he's owned up to it."

As to the status of his license, Barnett said, the state bar would take action following the plea to the felony charges.

Cavallo has remained free on $25,000 bail pending his sentence.

Jorge Andres Castro, 31, of Aliso Viejo, and Alejandro de Jesus Cruz, 35, of Miami, co-owners of XTREME Bail Bonds, admitted earlier that June 1, 2003, and Aug. 1, 2005, that they conspired with each other and with Cavallo to solicit business for the attorney at Orange County Jail facilities, and to illegally recommend their clients hire Cavallo.

Senior Deputy District Attorney Ebrahim Baytieh said Cavallo had a similar agreement with a bail company that Castro and Cruz had previously worked for and kept the arrangement with Cavallo when they left and formed the new business.

Prosecutors said that Cavallo in August 2004 transferred $50,000 to Castro, claiming it was an "interest-free loan." Castro and Cruz kept a stack of Cavallo's cards at their office, and employees were told to refer clients to Cavallo, and that they would get bonuses for doing so, prosecutors said.

The state Insurance Code bars lawyer referrals by bail bondsmen, even if done for free, because a person in the vulnerable position of being incarcerated may feel pressured to hire a particular attorney, Susan Schroeder of the Orange County District Attorney's Office said.

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