In January, Governor Jerry Brown stirred things up and had many juvenile justice advocates applauding when he announced he would be phasing out the state’s youth prisons. But in recent weeks, he has changed his tune and backtracked completely. Not everyone is mad at the change, however, as the newly proposed plan still makes significant improvements.

According to the Silicon Valley Mercury News, the original plan would have sent the most dangerous youthful offenders out of the state-run system and into the counties. But many counties across the state weren’t equipped to handle the new inmates, particularly after the state adult prisons began shipping inmates their way over the past year.

The original plan was an effort to save money, but also to get kids out of the aging system that many would argue was counterproductive. The cost to incarcerate one juvenile offender in the state system is about $200,000 per year.

Brown’s latest plan, however, will keep the state in control of the “most serious and violent offenders” while sending the juvenile parolees to the counties in 2013. Currently, the state-run juvenile prisons are saved for the “worst” offenders, aged 25 and under. That cut-off age will be lowered to 23 under the new plan.

These adjustments will still save the state $24.8 million this fiscal year.

Sara Norman of the Prison Law Office, an organization that is vocally critical of the state’s juvenile justice system, sees the latest change as still a positive one. “Some say shut DJJ down, but it’s just not clear to me where these youth would go. It would be far better if there were small regionally run centers where kids could be close to their homes and families, but that doesn’t seem to be in the stars.”

Over the last several years, the state of California has dramatically cut the number of incarcerated youth. In 1996 there were more than 10,000 in custody. Today there are only 992. The number of state-run juvenile facilities has also dropped from 11 to 3.

Overall, the juvenile justice system in the state has seen significant improvements, moving away from mass incarceration and cutting down on the use of solitary confinement and use-of-force incidents.

Though incarceration is rare in juvenile cases, it does happen and is a good possibility if you are accused of a violent crime.

When you or your child is accused of a crime in the California juvenile system, they face serious penalties. Contact our offices today to be put in touch with a juvenile defense lawyer that may be able to help.

Related posts:

1. Californians Say No To Higher Taxes For Prisons A survey from the LA Times and the USC Dornsife College of...

Related posts brought to you by Yet Another Related Posts Plugin.

“Not since the 1990s have so many state lawmakers been arrested in such a short amount of time,” remarks the LA Times this week. Five state lawmakers and one former senator, all campaigning for reelection, have been arrested in the last 20 months, giving them something more than just the “issues” to talk about and defend while seeking votes.

The lawmakers find themselves accused of things like: perjury, drunk driving, taking a loaded weapon onto a commercial airliner, shoplifting, and fraudulent voting.

Senator Roderick Wright (D-Inglewood), who faces eight different felony counts for voter fraud and perjury says, “There is nothing I can do about that. All I can do is present my record of what I plan to do next year, and people will either accept that or reject that.”

Most of the lawmakers, whether they have charges still pending or resolved, have maintained their position on committees and within the Legislature. Mary Hayashi, who pleaded no contest to shoplifting from Neiman Marcus, maintains her position as the chairwoman of the Assembly’s Business Committee. She will be out after this term due to term limits, but continues to campaign for others.

Assemblyman Roger Hernandez (D-West Covina), was only recently charged with drunk driving for an incident that took place on March 27 while driving a state vehicle. He has not entered a plea as of yet, but maintains his position of Assistant Majority Whip.

Lawmakers are not immune to the law. And when they are suspected of criminal activity, they too must deal with the consequences.

Like the police, many people believe lawmakers should be held to higher standards, that by representing the voting public they should keep their noses clean at all times, so to speak. But, they are human, and in the modern age, where so many things are against the law, the statistics are not in their favor—some of them will break the laws and a portion of them will get caught.

If having lawmakers with criminal records frightens some people, they should recognize that this particular problem will likely only get worse. Because we are the most incarcerated nation in the world, if we don’t change the system soon, we could have former inmates running for office soon.

It’s difficult to live down a criminal record, particularly if you don’t have the benefit of being a member of the social elite or upper crust of society. But more and more people are being forced to deal with a criminal record.

The best way to avoid such long term negative consequences is to avoid a conviction. We may be able to help.

If you are charged with a criminal offense in California, you need someone looking out for your best interests. Contact our offices today to discuss your case and what can be done to minimize its effect on your life.

No related posts.

Related posts brought to you by Yet Another Related Posts Plugin.

In an unusual case, an Orange County man convicted of fraud was sentenced under the Three Strikes Law recently, possibly sending him to prison for the rest of his life. Timothy Barnett was convicted of tricking vulnerable home owners into signing over the property to him in an effort to prevent foreclosure. According to the LA Times, his criminal record included two previous burglary charges, qualifying him for Three Strikes sentencing.

Mr. Barnett was convicted of 17 felonies, all related to swindling people out of money and property. He would befriend the aging and vulnerable when they fell behind on their mortgages, and promise to help them get caught up, lower their interest rates, and prevent foreclosure. But he would make off with the title to the home and hundreds-of-thousands in equity.

The victims were mostly elderly and poor, living in South Los Angeles. One was blind. They testified that Barnett would become a confident, even praying with them, before taking advantage of their trust.

His attorney argued that the Three Strikes Law should have never been applied in his case, that it was intended for use against violent criminals.

The controversial law, which goes before voters this November, is designed to lock up violent career criminals. If you are convicted of two qualifying (violent) felonies, your third felony conviction can result in a life sentence. It has led to many people serving life sentences for questionable offenses.

Burglary is considered a violent offense; it involves entering someone’s home with the intent of committing a criminal act. Barnet was convicted of burglary for entering peoples’ homes with the intent to commit fraud and this is how prosecutors were able to prosecute him under the statute.

“Three strikes should never be used in a case like this,” said Barnett’s defense lawyer. “It’s another reason the law should be amended.”

The judge also ordered restitution, though it’s not likely Barnett will be able to pay back his victims.

Fraud offenses like this one can harm victims as much if not more than a physically violent crime like assault. The financial losses associated with losing a home and thousands of dollars in equity can be difficult to get over. At least one of Barnett’s victims was left homeless after their encounter.

Is this a good application of the Three Strikes Law? Is it at the state lawmakers intended?

Related posts:

1. What About Strike Two of California’s Three Strikes Law? Last week in the San Francisco Gate there was an...
2. Will Supreme Court Ruling End Three Strikes Law? It could be wishful thinking, but many people opposed to...
3. California Reconsiders Juveniles Sentenced to Life The United States is the only country in the world...

Related posts brought to you by Yet Another Related Posts Plugin.

Soon the Los Angeles County Housing Authority will be helping a select few homeless probationers and parolees secure adequate housing. But what seems like a positive move is receiving criticism from people who don’t think criminal offenders should be getting the “hand-out.”

According to this LA Times editorial, the Los Angeles County Housing Authority currently hands out 22,000 Section 8 vouchers. These vouchers allow people to secure housing in apartments or homes at the expense of the County.

Currently, 510 of these vouchers are set aside for the homeless and none of them are reserved for probationers or parolees. Instead, those homeless must be in a case-managed program and have been crime free for several years. Like all other Section 8 beneficiaries, none of the selected homeless were allowed to actively be on probation or parole.

But that will change in just a few months.

Soon, the period of being crime-free or out of prison will be shortened to two years, and homeless probationers and parolees will not be disqualified from participation.

Some are saying the Section 8 spots should be reserved for others, those who haven’t broken laws. But what these critics don’t realize is that secure housing can decrease recidivism. A former inmate with a home is far less likely to commit another crime than someone who is homeless.

Also, those who are actively on probation or parole are required to keep up with the terms of their supervision, doing things like maintaining employment, attending counseling, and participating in treatment—all things that make them less likely to commit crimes and more likely to be a nicer neighbor.

Housing is just one difficulty that ex-cons have to face once they are released from prison. And finding adequate housing can be difficult, particularly with a violent or serious criminal conviction on your record.

Things like employment are similarly difficult to nail down with a criminal record. And like housing, employment plays a major role in whether or not someone will commit future crimes.

These consequences of a criminal conviction are the type that last a lifetime. While jail time can be extremely difficult to deal with, it’s temporary.

The best way to avoid these lifelong consequences is to avoid a conviction altogether. A criminal defense attorney may be able to help with that.

If you are charged with a criminal offense and are in need of representation, we may be able to help. From charges of drug possession to domestic violence or even rape, we have experience defending clients against an assortment of serious allegations.

Contact our offices today to discuss your case and how we might be able to help.

No related posts.

Related posts brought to you by Yet Another Related Posts Plugin.

In Los Angeles, it’s the job of the Police Commission to determine if a police officer acted appropriately when firing his weapon and killing or wounding someone. Then, it’s up to the Chief of Police to determine how they should be punished. According to the LA Times, there’s a “growing rift” between Chief Charlie Beck and the Police Commission as he has failed to take any significant action against such cops.

Beck took over as Chief in 2009. Since that time, the police commission has ruled on 90 cases involving officers using deadly force of one type or another. In most of those cases Beck urged the Commission to find the officer had acted appropriately, and most of the time the Commission did just that.

However, in four separate shootings the commission found the police used inappropriate levels of force, recommending Beck take action. In those four cases, Beck chose to either give no punishment or give the officer a written reprimand. In those four cases, three people were killed and three were injured.

Beck believes that he is handling his role appropriately and that the deadly mistakes were just that, mistakes. He believes the officers can be rehabilitated through additional training.

In one case, officers approached a man in their patrol car. Steven Washington was walking in Koreatown. According to police, as they approached him, he touched his waistband so they drew their weapons. Again, according to police, he approached their patrol car with something in his hands, so they fired, killing him. Unfortunately, nothing was found in Washington’s hand and he only had a phone in his waistband.

The Commission found that the officers’ version of events was “unbelievable” and that their decision to use deadly force was unwarranted. As punishment, Beck required the officers go through additional training.

In his defense, Beck has acted on some cases, suspending an officer accused of firing at another vehicle in a road rage incident, and recommending another officer who was involved in an off-duty shooting to have acted inappropriately. But as four the four case referred by the commission, Beck stands by his decision.

He calls such shootings, “tragic mistakes,” and says that the officers were trying to do the right thing under stressful and intense conditions. “They made a mistake, a tragic mistake. Tragic as it was, I tried to rehabilitate them,” said Beck.

The toll these kind of decisions have on the community is very real. If police feel like their deadly “mistakes” will go unpunished, they won’t have quite the incentive to avoid them. Similarly, if the people realize that cops can get away with shooting them, they won’t likely trust the police to keep them safe.

When you are involved in police interactions, it’s normal to be a little scared. The same goes for answering to criminal charges. If you’ve been arrested and charged with a crime, you need someone on your side. Contact our offices today for a free consultation on your case.

Related posts:

1. U.C. Davis Pepper Spray Incident to be Investigated by Former LAPD Chief By now you’ve heard of the incident at the University...
2. LAPD Eases Car Impoundment Practices In a controversial move, the Los Angeles Police Commission approved...
3. LAPD Addresses Concerns of Police Retaliation The “Blue Code of Silence”, sometimes referred to as the...

Related posts brought to you by Yet Another Related Posts Plugin.

Wealthy neighborhoods of Southern California have been subjected to unusually high burglary rates since late last year, according to the Los Angeles Times. Though burglary remains a relatively rare offense, it is a serious one with lasting consequences for the victims and for the suspect if they are caught.

Since Jan. 1, 2012, there have been 100 reported burglaries in Los Angeles alone, but the crimes are obviously limited to areas where homes are likely to have the most valuables.

These burglaries are hitting communities including Brentwood, Playa Vista, Bel-Air, Studio City, Sherman Oaks, Pacific Palisades, and Encino. In a three day period before this LA Times blog post, authorities arrested 13 burglary suspects.

Many of the reported burglaries are being conducted by suspects who first knock to see if anyone is home. If no one answers, they then break in through the back door or a window and steal valuable that are easily carried out.

By doing this and only breaking into empty homes, the burglars may be able to avoid the most serious charge of 1st degree burglary, if caught. First degree burglary charges only apply in cases where you burglarize a home when it is occupied. If convicted, this charge carries up to 6 years in prison, whereas a 2^nd degree burglary charge carries only one.

A new burglary task force is being formed in response to the rash, being made up of several local law enforcement agencies including the LA County Sheriff’s Department.

These burglars seem to be fast and efficient, as they aren’t stealing large valuables like televisions, but instead are focusing on smaller products like jewelry and small electronics. The move towards smaller computers, sound equipment, and smart gadgets has no doubt made theft crimes easier than the days were “big screens” were the most valuable things in the home.

If caught, burglars face tougher penalties than regular theft suspects. A burglary is considered a more serious offense, because you aren’t only stealing, but you are trespassing on property which you have no legal right to.

Gone are the days of unlocked doors. Breaking into homes now is harder than it’s ever been and this extra effort that must go into gaining access can be used as evidence towards proving your intent in a burglary case.

If you are charged with a burglary offense and need assistance, our attorneys may be able to help. Contact our offices today to discuss the facts of your case and what can be done.

No related posts.

Related posts brought to you by Yet Another Related Posts Plugin.

It’s been nearly three months since we first reported that San Francisco Sheriff Ross Mirkarimi was charged with domestic violence charges in relation to an incident involving his wife. He was initially charged with domestic violence battery, dissuading a witness, and child endangerment. In a plea agreement, however, these three charges were dropped.

This past week Mirkarimi pled guilty to one count of false imprisonment, a misdemeanor offense. As part of the plea agreement, he will be sentenced to three years of probation, one year of domestic violence batterer’s classes, fines, and 100 hours of community service. Though some are likely to call for his resignation, Mikarimi has no intentions on leaving his new job.

The incident happened when he allegedly left bruises on his wife during an argument in front of their son. Though his wife has stood by him throughout the legal ordeal, it was her who initially showed the bruise to a neighbor who subsequently called the police.

It isn’t clear what brought about the charge of false imprisonment, a charge that wasn’t among the initial accusations. According to the San Francisco Gate, however, more details may be available at sentencing time.

The criminal case is winding down and now the Mayor must decide what administrative steps should be taken, if any. Mayor Ed Lee has said he will reach a decision quickly as to whether the false imprisonment plea conflicts with the office of the Sheriff, saying he has a “gut feeling” there will be such a conflict.

If the mayor determines there is reason for an official misconduct charge, there will be a hearing before the city’s independent Ethics Commission who will refer the case to the Board of Supervisors to determine any sanctions. Nine of the 11 supervisors would have to agree that Mirkarimi needed to be out of office in order for him to lose his position.

District Attorney George Gascon said, “If we are committed to ending domestic violent, we in law enforcement must continue to encourage witnesses to come forward because it is the right thing to do for the victim, for the community and for our city.”

There is a good chance that Mirkarimi will face professional sanctions because keeping someone who admitted guilt in a false imprisonment case at the helm of the Sheriff’s Department seems like a slap in the face to the domestic violence victims and the community that Gascon spoke of.

If you are accused of domestic violence charges, you will face the same sort of widespread and long lasting repercussions as Sheriff Mirkarimi. Sure, your job might be different, but the effects of a charge like this reach into your personal and professional life, regardless of what it is that you do.

Contact our offices today to discuss your case and how we might be able to help.

Related posts:

1. S.F. Sheriff Mirkarimi Formally Charged with 3 Crimes The San Francisco District Attorney formally filed charges against the...
2. New San Francisco Sherriff Sworn in Under Controversy Ross Mirkarimi was sworn in as the 35th sheriff of...
3. New California Law Safeguards Against False Jailhouse Informant Testimony A law that was rejected twice by former California Governor...

Related posts brought to you by Yet Another Related Posts Plugin.

Local police laud curfew enforcement stating it reduces crime and crime victimization, so they pursue it with zeal. But an in depth look from Voice of San Diego (VSD) suggests otherwise. While the police and city officials may continuously and publicly defend massive curfew enforcement efforts, there is evidence that they have no effects on crime and that the areas where curfews are enforced actually lag behind other communities in terms of crime reduction.

The city has a curfew for youths under the age of 18. At 10 p.m. you must be indoors. If you get caught outside, roaming the streets with friends or even walking home from the grocery store, you are subject to arrest. With that arrest typically comes a court date or, if you are lucky, a diversion and fine at the minimum.

The curfew has been on the books for some time, but it wasn’t until 2008 when San Diego police began their concentrated enforcement efforts. Now, it’s not uncommon for them to arrest 50 youths in a single night.

Anytime a critic stepped forward with complaints about the program, they were met with overwhelming support for it from local officials. From saying it reduces gun violence to saying that it keeps kids safe from victimization, there are numerous reported reasons for keeping enforcement high.

But, according to the Voice of San Diego, those reasons were simply inaccurate.

According to the VSD report, police reported a 47% drop in crime victimization in the areas where curfew enforcement was high. But in areas where they didn’t conduct curfew sweeps there was also a drop—this one 17% more.

Similarly, felony arrests dropped more significantly in the neighborhoods where the sweeps weren’t occurring, shattering the defenses used by law enforcement for conducting the sweeps in  the first place.

The VSD report has gotten the attention of officials who now agree a closer look at the curfew enforcement program is needed.

Some supporters say that even if they don’t prevent crime, the sweeps do put at-risk youth in touch with community support measures. Others point out, however, that these young kids being placed in handcuffs sets them up early for a life within the criminal justice system.

While public safety is a main goal of law enforcement, the betterment of the youth should be as well. Finding out just how these arrests affect the youth is crucial in understanding the sweeps’ overall worth.

When your child is arrested swept up into the criminal courts, whether for a statutory offense like curfew violation or a criminal offense, you need the assistance of a local attorney. Contact us today to be put in touch with a lawyer that can help.

No related posts.

Related posts brought to you by Yet Another Related Posts Plugin.

Overcrowding is a problem in county jails across the state, and it’s only going to get worse as counties become responsible for more and more offenders. One way in which some are dealing with the crowd, is in changing the manner in which they determine who is released pre-trial and who is detained.

The vast majority of people in California county jails are not being punished for a crime; they are awaiting trial and can’t afford the bail that has been set. This is true for both offenders who are high-risk and those who likely wouldn’t cause any problems if released.

The reasons for this are multiple but largely rest on the state’s bail schedules. A judge can use a variety of information to determine someone’s bail eligibility and amount, but many resort to the state bail schedules—which prescribe a certain amount for a certain offense, regardless of other factors. This means someone with an extensive criminal history and drug addiction could get the same bail as someone who is facing a first time criminal charge in California.

Instead, counties are now looking at evidence based bail determinations, using a variety of factors to determine if a person will return for court or if they pose a risk to the community if released. Some are also requiring supervision in lieu of cash bails.

This means you could be put under supervision of the court but allowed to return home. Similar to probation, offenders are required to abide by certain terms and to stay out of trouble. If they are unable to do this, they can be returned to the jail pending trial.

These methods don’t only save the state money in incarceration costs and space, they allow defendants to continue on with their normal life, supporting their families and maintaining their place within the community—things that are known to reduce incidents of recidivism.

Of course there are opponents to this practice, those who believe risk assessments will lead to judges releasing the wrong inmates, calling the assessments “guesses”. Obviously, these people have never known anyone accused of a criminal offense or been accused themselves. It doesn’t take a rocket scientist to recognize that the current bail schedules often lead to poor judgment calls and a  pauper’s prison.

When someone is accused of a criminal offense, they want to know that they will be treated fairly, from the arrest, to bail determinations, up to sentencing. While our constitutional rights are in place to ensure this fairness exists, practices of the criminal courts don’t always seem fair or just.

Related posts:

1. LAPD Eases Car Impoundment Practices In a controversial move, the Los Angeles Police Commission approved...

Related posts brought to you by Yet Another Related Posts Plugin.

Hundreds of people who were convicted of DUI over the past several years stand to have their convictions thrown out due to police error, according to the San Francisco Gate. The problem lies in the initial breath test devices used in the field, and the cops’ failure to test these devices for accuracy.

The devices are initially used at the scene of a suspected DUI. Though some drivers refuse these initial tests and instead opt for the more sophisticated breath or blood tests offered at the police departments, these preliminary tests prove crucial in many DUI cases.

According to Public Defender Jeff Adachi and District Attorney George Gascon, up to 1,000 cases could be affected.

The problem came to light when lawyers with the public defender’s office realized the devices were always displaying a perfect reading when tested for calibration—something that’s improbable at the very least.

The devices, called Alco-Sensor IVs, are required to be tested every 10 days or after 150 tests to ensure proper readings. The tests are done by having the machine read the alcohol level in a testing canister, a canister which maintains 0.082 percent alcohol level constantly. But in page after page of the testing logs, officers were printing that the machines read exactly, 0.082 percent and were never in need of recalibration.

Public Defender Adachi said, “It would be mathematically impossible for that to occur. The results that we have here plainly show that the accuracy testing was not being done.”

The issue goes back to 2006 and it’s estimated that anywhere from 500 to 1,000 people may have been convicted of DUI on the basis of these flawed readings during that time. Those are cases that were built almost entirely off the reading of these preliminary breath testing machines.

The Alco-Sensor IV machines have since been pulled from use and the traffic division is undergoing an investigation as to why protocol was not followed in the maintenance of these machines.

District Attorney Gascon says that the failure to truly test the machines doesn’t amount to criminal behavior on the part of the officers, merely negligence. It isn’t clear if anyone will face disciplinary action for what seemed to be a widespread practice.

Currently, the District Attorney’s office is advising people who were convicted of DUI’s during this time to get in contact with their attorney.

When you are accused of drunk driving, you expect the police to act with some level of integrity. But when that fails to happen, you want an attorney on your side who is interested in getting you the most positive results possible on your case.

If you are charged with drunk driving, contact our attorneys today for a criminal defense case evaluation.

No related posts.

Related posts brought to you by Yet Another Related Posts Plugin.