Gregory Taylor has been in prison since 1997 for trying to get some food. He was homeless at the time and had a criminal record. Today Taylor is free—thanks largely in part to two Stanford students who worked to have him released.

Just last week a judge ruled that Taylor’s sentence, a “third strike” under the infamous California law, was excessive and sentenced him to 8 years, which had already been served. Taylor’s case was well known, reported to have been the topic of a book according to the Los Angeles Times.

The Three Strikes Law was intended to keep the worst of the worse off the streets. It allowed judges to impose a 25 to life sentence on third felonies. In Taylor’s case the third offense was trying to break into a church for food. The church, incidentally, was one in which he was a regular feature and where he volunteered from time to time.

Although judges now are able to use their own discretion when sentencing people to the Three Strikes law, the law was irrationally applied in its early years. While breaking into a church may have definitely deserved a criminal punishment, a 25 to life sentence seems to have been completely out of line.

Taylor’s first and second felony convictions included an unsuccessful attempt at robbing a man and grabbing a purse with only $10 and a bus pass inside. His history of drug and alcohol abuse paired with mental illness no doubt played a role in his criminal behavior, though the attorney at his initial trial didn’t reveal any mental health issues and didn’t bring up Taylor’s troubled childhood either—two factors that may have influenced the judge’s sentence or the jury’s findings.

Judges should have a certain amount of discretion. While the same crime can be perpetrated by two people, the specific circumstances of the case and the individual can make the offense very different. Along that same line, not everyone deserves the same exact sentence.

In California, judges take into consideration both “mitigating” and “aggravating” factors. These are details about your case that may send the sentence either way—up or down from the norm. Mental health and drug addictions could be considered mitigating circumstances, or things that may have played a role in the commission of the act.

One of the many jobs of a defense attorney is to ensure the court is given a complete picture of who you are. It wouldn’t be right to have some representing you that didn’t want you to get the best results possible. An attorney who is willing to work tirelessly on your case is needed.

If you are facing criminal charges and not sure of what to do next or how to handle things—contact our attorneys today. You may be eligible for alternative dispositions or even to have your case heard in a specialty court.

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A Lieutenant with the Los Angeles County Sherriff’s Department sent out a memo to deputies in Norwalk recently, urging them to weigh heavily the individual behind the crime and use their discretion carefully when deciding whether to make an arrest. Although the memo was likely well intentioned, it does bring up some good talking points.

According to the LA Times, the memo mentioned an example of a potential arrest where the suspect had an illegal knife but was a “decent kid” from a nearby Christian University. He states in the memo that putting a felony charge on someone who is a good person merely making a mistake, could change the course of his life and have lasting impact that may have been better left alone.

The memo is right—an otherwise law abiding member of society with the potential to become an upstanding positive adult could be affected forever by a felony conviction. A simple one-time mistake perhaps does deserve a “pass” from police. But, who’s to say an officer’s decision to let one “pass” isn’t motivated by bias?

An attorney who is said to monitor the Sheriff’s Department is quoted as saying “what if the same kid was a black student with long dreadlocks…?” Things like common sense must be at the forefront of the deputies’ minds as they are applying their discretion so that their choices to arrest or release aren’t actually based on such things as the color of someone’s skin paired with the neighborhood they are from or the car they are driving.

There’s absolutely no doubt that the entire criminal justice system affects minorities in a disproportionate manner. From arrests to convictions and sentencing, African Americans and other minorities are at a disadvantage in the system. While discretion is important in the work of both police officers and judges, it seems to be used in an unfair manner at times.

When you are facing criminal charges you are justified in wondering whether or not these things will affect your case. Whether you are of Mexican descent or African American, I can imagine fair treatment in regards to your race has crossed your mind.

Having a defense attorney on your side from the very beginning can help ensure you are treated fairly throughout the process. Whether you are facing serious felony charges or a misdemeanor offense, a criminal record can haunt you forever.

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The term “contempt of cop” is being used to describe arrests where police feel their actions are being interfered with or someone is resisting arrest. A recent study in Los Angeles County is said to indicate no racial disparity in this type of arrest, despite feelings to the contrary by community members.

According to the LA Times, the study looked at arrests in the county from 2007. The findings were that there was no greater racial disparity among “contempt of cop” arrests than any other type of arrests. The head of the study admits, however, that the entire criminal justice system “falls more heavily on blacks.”

There were several “possible areas for concern”, according to the Times piece. For instance—force was used on far more cases involving minorities than whites. Force was used in 32% of African American arrests and only 19% of whites. Latinos were subjects of force in 26% of the cases.

In Lancaster, arrests of “contempt of cop” were made against blacks 64% of the time, while they only make up 17% of the population in that particular county and 42% of arrests there overall. The Sherriff sees no problem, however, and states the department is “ahead of all law enforcement in terms of these situations.”

It seems that being “ahead of all law enforcement” in an area that is so obviously broken doesn’t necessarily mean there isn’t any problem, but perhaps just less of a problem. Despite having less of a problem than other law enforcement, the County is far from race neutral and police practices are not non-discriminatory.

Arrests of “contempt of cop” are largely a result of officer frustration—stemming from an inability to “control” a situation. Another big problem with these arrests is that 48% of the people arrested are never charged. So, if the persecutor decides there’s not enough evidence for a criminal case, is there really enough reason for the arrest to happen in the first place?

The answer is debatable.

When you are arrested for a charge like interfering with law enforcement or even disorderly conduct, you may wonder what exactly it was that you did wrong. It could be that you thought you were standing up for yourself and maybe you feel like you were unfairly targeted.

Unfortunately, even if you’re up against something as “minor” as disturbing the peace, you could be facing some months behind bars. Having a qualified and experienced criminal defense attorney on your side to defend your actions and your rights can make a huge difference.

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A Petaluma man was interviewed for an in-depth look at DUI offenders in the Argus-Courier this past week. He tells that only intensive probation and treatment were able to finally crack his own DUI problems, after multiple convictions and penalties. He suggests the same is necessary for others like him.

The man, an admitted alcoholic and six time DUI offender, recommends mandatory education for DUI convictions and multiple reviews and alcohol checks. Ignition interlock devices are said to be highly effective as well. What doesn’t work, he says, is suspending a license or sentences to jail.

He may be on to something as he remarks “When you take licenses away from them, all you end up with is having a bunch of drunks driving around with suspended licenses.” Often a DUI is much deeper than just a wild night out—it’s an indication of a deeper problem. However, as the convictions mount, you are less likely to be recommended to probation and treatment and more likely to serve jail time.

From 2003 to 2009 DUI arrests in Petaluma rose from 335 to 608. It’s hard to say what’s behind the jump but it doesn’t take a genius or a multiple DUI offender to know that another approach should be taken to prevent the DUI incidences in the first place. Seven percent of DUI arrests are said to be from multiple time DUI offenders—a fact that should be looked into.

DUI Treatment Courts are one way in which the law is focusing more on treatment and prevention than punishment, and they seem to be working. These courts combine efforts from the typical courtroom personalities but also feature collaboration with community treatment programs.

Education and treatment in the DUI Treatment courts are seen as central to preventing further DUI law violations. These are an excellent option, though not available in all jurisdictions.

If you are facing charges of DUI, whether it’s your first or your fourth—We can help. Contact our offices today to see if there are DUI Courts in your area and find out what we can do to fight your case.

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One in ten high school seniors have used narcotic painkillers to get high. When it comes to Oxycontin, that number seems to be growing among young adults. According to a report from the Sacramento Bee, this drug provides a high that is attracting more and more people.

Prescription drugs are the new drugs of choice. Not only in California, but across the country. The stigma associated with pills isn’t nearly as dark as the stigma associated with other drugs like heroin and cocaine. We all have a picture of what a “junkie” looks like and it’s rarely someone who is popping pills.

The belief is that this flawed image of what an addict looks like may be contributing to the growing number of Oxycontin users and its apparent acceptance among younger adults. It’s viewed as a “party” drug instead of the highly addictive substance it truly is.

One user reports the high is similar to “someone hugging you from the inside out.” In other words—it’s a feel good drug. However, what can start out as a feel-good high can end with pain and nausea as you try to kick a habit that grows quickly out of control.

One pill taken at a party can quickly turn into a habit that requires hundreds of dollars a week. The body quickly builds a tolerance to narcotics like this, making it harder and harder to get the same high. The most effective way of handling an oxy addiction? Methadone—the same drug prescribed to heroin addicts.

Although the face of heroin and cocaine abuse may not match the face of OxyContin abuse, the penalties for using it often does. Possession of a prescription drug like this without a legitimate prescription is punishable by jail time, depending on how much you are caught with. If you are charged with attempting to fill a prescription not intended for you or fraudulent in some other way, you can face additional charges.

It isn’t unheard of for people who have never been exposed to the criminal justice system to experience their first exposure at the hands of drug abuse. If you were dabbling in oxy use and got caught, your disillusionment of this being a harmless drug has likely come crashing down around you. Luckily, however, if this is your first offense we may be able to get you some help.

As your exposure to the courts increases, a judge’s leniency decreases. In other words, if this is your first run in with the law, we may be able to work out a Proposition 36 or a deferred judgment. Both of these involve drug treatment and help for your possible drug problem in lieu of jail time.

If you’re facing possession of Oxycontin or any other controlled substance and need help—contact our offices today.

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The city of Oakland laid off 80 police officers last week in an effort to help with the $30.5 million budget deficit. The result—more crimes will go unreported and unsolved. As the city encourages people to file their own reports and tells them police won’t be responding to many non violent calls, faith in the city to protect them from crime is at a new low.

One officer is reported in the San Francisco Gate as saying “With current levels of staffing, we are unable to respond to many lower priority calls.” The city states officers will no longer be sent out to most nonviolent crimes. Now, citizens will need to file their own reports, either online or in person.

Of course the city is cautious and states it wants to know about all of the crimes, regardless of whether or not they send someone out. My guess, however, is very few people will be filing their own reports, leading to fewer crimes being reported, a skewed view of the crime rate, and certainly no positive effect on the public’s trust of the police.

The move isn’t completely new, however. For the past few years you could go online and report non violent property offenses. However, until now you could also have an officer come out.

Some citizens interviewed for the Gate article expressed their own dissatisfaction with police response even prior to the change. “I kept calling and calling and no one would get back to me” one is reported as saying. Although the city states it will pursue viable leads if the suspect is known, this particular citizen supplied police with a name yet nothing was done.

Perhaps the most shocking criminal activity the city now wants reported online is restraining order violations. This is an interesting addition considering the likelihood of these cases to end disastrously.

When the city simply can’t afford to really protect its citizens, it’s a bad day. In a country where distrust of the police is at a high, feeling confident in a system that’s reduced to paperwork rather than protection is near impossible. Despite this, the system will go one, prosecuting those property crimes that are easily solved and letting many others fall by the wayside.

If you are facing criminal charges, whether it be for theft or for a violent crime—I may be able to help. Despite the seemingly lackadaisical attitude towards property crimes in Oakland, they are still prosecuted heavily in court.

Contact our attorneys today to discuss the details of your criminal case.

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California’s three strikes laws have been extremely controversial, often punishing people harshly and out of proportion for an offense or mistake that seems relatively minor. But some cases, like a recent conviction for a DUI murder, by a career criminal is not likely to  be one of those controversial cases.

One man, who is said to have had a long criminal history, won’t be able to rack up any more charges for quite sometime, according to the Sacramento Bee. The Bee reports that this man, convicted of second degree murder, will be sentenced next month. The sentence for this charge is typically 15 years to life, but this defendant’s criminal history serves to dramatically change that.

The defendant will be sentenced under California’s notorious Three Strikes law. The Bee reports his sentence, therefore is more likely to be somewhere between 30 years and a life sentence. His prior convictions of felony burglary, drug possession, and possession of a firearm will bolster his punishment.

The Three Strikes law has gotten negative publicity over the years for incarcerating nonviolent criminals to lengthy and potentially ill fitting sentences. This one, however, is likely to pass society’s litmus test as a young woman’s life was cut short in this tragic accident.

The victim was a 30 year old woman who had aspirations of teaching college English. Her family, and so many others like them, hoped to watch her grow old and blossom. But like her brother said: “She was a flower who was picked before her time.”

The results of this case may have been drastically different if the defendant had no criminal history. If this was his first offense and he had no prior run ins with the law, no addiction or alcoholic history, he may have faced a far less serious charge and a far more lenient sentence.

Your criminal history plays a big role at sentencing, even when the Three Strikes Laws don’t apply.

Typically, a judge used a presentence investigation to determine your sentence. The report from this investigation tells the judge all about your history, your ties to the community, and your potential success or failure on probation.

Having an aggressive defense attorney on your side from your arraignment to your sentencing date can ensure the judge is being made aware of the positive aspects of your life. I won’t let them trash your name in court.

Whether you are facing charges as serious as a DUI influenced accident or as simple as drug possession, I can help. Contact me today to discuss the details of your case.

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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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An evidence building of the Hemet, CA police department burned this week in a case of suspected arson. According to the LA Times, the fire was reported in the early morning hours in a building across the street from the main police station. This marks the seventh attack on Hemet police this year.

No arrests have been made in the suspected arson and no details have been disclosed on how the fire may have been started. The building in question holds evidence for many criminal cases. It sustained “significant damage” to the roof and other areas.

The string of odd attacks on Hemet police began in January when a natural gas line was found directed into the offices of the Valley Gang Task Force. Although the gas wasn’t ignited, it could have been disastrous if not caught.

February say an officer shot with a booby trapped “zip gun” when he opened a gate. In March, the vehicle of a gang officer’s vehicle was tampered with and a “suspicious device” attached. Also in March four city code-enforcement trucks were set on fire in a Hemet city lot.

There’s evidence the attacks on police may be related to a white supremacy gang in the area. A reward has been offered for information leading to arrests in the incidences.

Though arson is a property destruction charge somewhat similar to a graffiti charge, the offense and consequences are much more serious. Even if the fire takes place in an uninhabited building, you could serve up to 6 years in prison. If someone is in the building, that potential sentence could be even more.

The potential for a fire to take lives and spread to other buildings is great. This is likely part of the reason that arson penalties are so harsh. When you consider this particular arson to have been committed against the police, the suspect will be facing a harsh wakeup call if and when they are caught.

Not all property crimes are simple misdemeanors. Depending on the circumstances of the offense and the amount of damage incurred, you could face very serious penalties for these sort of criminal violations.

Whether you are facing something like vandalism charges or something as serious as arson, call us today. Our attorneys can give you a free consultation on your case and assist you in coming up with a plan of action.

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Starting on July 1st, 4 California counties begin a tough pilot program that requires an ignition interlock device for any driver convicted of a single DUI.The Fresno Bee reports that the counties are Tulare, Sacramento, Los Angeles and Alameda, which will join Arizona, Illinois, and a number of other states in enforcing the toughest restrictions on convicted drunk drivers.

Ingition interlock devices prevent a car’s ignition from starting unless a clean breath sample is provided. It is often called a “rolling breathalyzer”. Typically the threshold is set to a very low number, such as .02% BAC, which can be triggered by consuming one drink or less. The legal limit for intoxication is .08% BAC (Blood alcohol content).

The offenders will be required to keep and maintain these systems in their cars for at least 5 months. The cost for the operation and maintenance of the ignition interlock includes and installation fee, and monthly monitoring fees.

Controversies over the program include complaints from restaurant and beverage associations that it unfairly targets and inconveniences people who made a one time mistake. The American Beverage Association supports interlock programs for High BAC offenders (.15%) which is more correlated with chronic alcoholics and multiple DUI offenders.

If it is declared a success, the interlock  pilot program is expected to gradually expand to all California counties over the next several years.

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