A new study from the Stanford Criminal Justice Center reports that an offender sentenced to life with a chance of parole will serve about a 20 year term. Also, and perhaps even more notably, the vast majority of people who are sentenced to life in prison and subsequently released on parole, will not reoffend.

More lifers are being paroled now than four years ago, according to the study, with 18% of hearings resulting in release. This is at least in part due to the 2008 State Supreme Court ruling that required the parole board to look at public safety risk when considering parole, rather than solely the facts of the crime.

Most inmates are required to serve the sentence doled out by the court. But a few offenses make them eligible for parole. A parole hearing is held by board who decides which inmates do not create a public safety risk and can be released from prison to undergo community supervision instead. Eligible crimes include murder, attempted murder, aggravated rape, and others.

Under past governors, the parole board’s decisions were overruled in massive numbers. But parole rates are expected to climb under Governor Brown, who has overruled less than 20% of parole dates. Former Governor Schwarzenegger vetoed 70% and Gov. Gray Davis vetoed 98% of parole dates.

Public safety is often the cry of people who are opposed to releasing inmates on parole. But this recent study suggests their fear is irrational and misdirected.

Of 860 convicted murderers released on parole since 1995, only five had been sentenced for new felonies. This is a remarkably low rate of recidivism.

Why are convicted murderers so unlikely to reoffend? It could be that sitting in prison with a potential life sentence opened their eyes to the opportunities that awaited them when they were granted parole. Or, it could be that man is so rarely pushed to do something like take another life that the chances such a serious event will happen twice in one lifetime are slim to nil.

Regardless of the reason, the study shows that parole serves a worthwhile purpose, saving taxpayers money and redeeming the formerly incarcerated. But parole isn’t always an option.

Probation, another form of community supervision, often has positive results as well. Because it allows people to remain in the community, maintaining employment while serving their “debt to society”, they are far more likely to remain productive members.

Like parole, however, probation isn’t always an option. If you are facing criminal charges and curious about your options, contact our offices today.

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As of 1/1/11, California has a new law against online impersonation. SB 1411 makes pretending to be someone else online a misdemeanor offense, with penalties of up to a year in jail and a $100o fine.

Impersonating someone on line could mean a number of things. It could be pretending to be someone else in a live chat session, or setting up a false social media account, such as on facebook or twitter.

It is broadly written and intended to prevent a number of actions, including online harassment, or online fraud.

There is also an open question of whether this law could be applied to prevent legitimate first amendment expressions, such as acts of parody or satire.

via the CSMonitor.

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A 53 year old former Santa Ana and Stanton cop is accused of taking private investigators and clients for a ride, all while claiming to be an investigator himself. According to the LA Times, the man claimed to be a licensed investigator, gaining clients and contracting with other investigators only to leave the contractors without payment and the clients often without the services they paid for.

The man is said to have asked for help from other professional investigators, contracting with them for jobs and then not paying for their services. When they would try to complain to others in the field, he is accused of threatening them and even stating he would burn one’s house down if the complaints didn’t stop.

As far as his clients—he was said to often make up investigations to his secretary, blatantly lying to the people who hired him.

People who complained to the police about his actions were frequently told it was a civil matter or that there weren’t enough resources to investigate the case. Now, however, he is facing criminal charges. After several police departments, the FBI, the IRS, and the postmaster were approached with complaints, the Orange County district attorney’s office is now investigating.

The suspect is expected to be arraigned this week on over 60 different charges. The charges include grand theft, possession of a firearm by a felon, identity theft, 2^nd degree commercial burglary, perjury, computer access and fraud, and possession of ammunition. He is also facing odd charges for conspiracy to commit sexual assault of an animal for Craigslist ads he is said to have posted seeking women to have sexual relations with his dog.

The suspect allegedly drew on what he knew of being in law enforcement to work the system for so long. According to one P.I., “He knows where the envelope is and how far he could push the line. He knows when the police will get involved, and he teetered on that line.”

Now, however, he stands to spend several years behind bars for his alleged crimes. Too often when someone gets away with one white collar crime like fraud, they think they should continue working the system. This never ends good for that person, however, as their greed eventually pushes them too far.

If you are facing charges of fraud or theft, even if it’s nowhere near as serious as this former cop’s, you should be concerned about how a conviction can affect your future. Contact our attorneys to discuss the charges against you and how they may change your life.

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A national report released this week shows incarceration rates for juveniles are falling across the country. California’s juvenile system locked up 10,000 kids in 1996 but only has 1,500 currently incarcerated today. This is a dramatic drop, coinciding with drops in juvenile crimes and a dramatic shift in juvenile justice philosophy.

Punishment seems to be the primary goal of adult corrections in the United States. For juveniles, however, the emphasis is on rehabilitation. The belief is that kids can be reformed and turn from criminal or delinquent behavior to living productive lives. The move away from punitive juvenile justice is not only better for the kids, it’s better for the budget.

According to this review, California has closed 6 juvenile facilities since 2003, generating up to $40 million in savings through job cuts. The same trend is being seen across the country as budgets are tight and juvenile justice philosophies change.

More so in the juvenile justice realm than the adult system, judges and courts are willing to consider alternatives to incarceration at every intersection. If there is a way to keep a child from going to a detention facility, they will make it happen.

Fifteen years ago, that wasn’t the case. Back then, getting “tough on crime” meant locking people up, adults and juveniles alike. The scare tactic, they hoped, would prevent crime from the public and prevent the defendant from acting out again. Luckily, the system has come around since then.

Now, juveniles are far more likely to serve some sort of probation or have another informal disposition applied. Even if they are adjudicated (found guilty), there’s a good chance the juvenile won’t be locked up except for in extreme cases.

If you are a juvenile facing criminal charges or you are a parent of a child who finds themselves in trouble with the law, I can help. Whether it’s a simple status offense or an actual serious criminal charge, contact our attorneys today.

Together we can help you make sense of the sometimes confusing juvenile court system and improve the chances that your child won’t have to serve time.

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The California Supreme Court heard a case last week that may have granted some exceptions to the sex offender residential restrictions put in place with Proposition 83, or “Jessica’s Law”. However, they sided with the restrictions, maintaining that anyone released from prison after the enactment of the law are still subject to them.

Four parolees, according to the L.A. Times challenged their need to adhere to those regulations. They believed because they had been convicted years before the law and were not under supervision (parole) at the enactment, that they could not be subject to the restrictions set forth in the law. The Court ruled they were mistaken.

Proposition 83 states, among other things, that sex offenders cannot reside within 2,000 feet of a school or a park where children are typically present. While the rule has good intentions, to protect children, in some urban areas, living 2,000 feet away from such places is nearly, if not completely impossible.

Dissenting Justice Carolos R. Moreno believes, as do the others dissenting, that the law’s intention was to protect children and not all sex offenders falling under the law have a history of crimes against children. He states that by enforcing the residency requirements to all sex offenders divers “scarce law enforcement resources toward enforcing a restriction that has no demonstrable effect on increasing child safety.”

Laws restricting where you work and live following a sex offense conviction are in place across the country. This type of offense carries both a social and legal stigma unmatched by any other crime.

One large issue with these residency requirements is that they allegedly force many to become homeless. Not maintaining a permanent address seems to be the only solution for some people who are told they cannot have such an address in proximity to schools and parks.

Whether you are a convicted sex offender or accused of a sex offense in the state of California, you have an uphill battle ahead of you. Being attached to a crime like rape or child molestation can destroy your reputation and your life.

When you think that no one is on your side, I will be there to listen. If you need a defense attorney committed to being your advocate in the legal system, I can help. Call me today to discuss the details of your case.

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The Sacramento Bee posted an article this week looking at the effect of crime on local religious institutions. While some state that they are victimized at the same rate as other businesses, others think they are targeted because of vulnerability and maybe a perceived passiveness.

Regardless of the motivations, churches in Sacramento County have seen 122 acts of vandalism over the past two years. They have seen 77 acts of burglary as well. From stealing landscaping to destroying statues, the article points out that these offenses have affected how the parishioners worship.

According to one church, they have employed “Parking Shepherds” to patrol the lots while church is in service. Security cameras and guards are also popping up as preventative measures. It seems that houses of worship have to use the same methods to protect themselves that many area businesses have used for years.

Vandalism is a pretty broad term and legally it applies to any damage, destruction, or defacement with graffiti. Therefore, knocking over religious statues, spray painting swastikas, and destroying landscaping in front of a cathedral can all be considered acts of vandalism.

If charged with this offense, the time you may face and the exact charge are all dependant on the value of the damage done. You could face felony charges if the value is more than $400 and the prosecution elects to do so.

Along with these acts, churches have seen thefts rise as well.

Whether you are stealing from the collection plate or the store on the corner, you will face theft charges if caught. Similar to vandalism charges, the exact criminal charge depends on the value of goods or services stolen.

A criminal conviction is a nasty thing to carry for the rest of your life. If you are accused of victimizing a church, the elderly, or a child, you can bet that you will face additional scrutiny.

When facing criminal charges like theft or vandalism, you want to be certain to have an aggressive defense attorney on your side. Contact me to discuss the details of your case. Together we can determine the best course of action considering the specifics of your situation.

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