The man has a fairly lengthy criminal background, according to this report from the Sacramento Bee. Originally, prosecutors sought a life sentence in this case, citing the state’s infamous “Three Strikes” laws. A psychological report, however, stated a life sentence wasn’t needed, pushing the prosecution to recommend the maximum sentence for two petty theft charges.

California’s Three Strikes law states that if you are convicted of a third felony, you can be sentenced to life in prison. This law has got a lot of attention over the years for its use in seemingly inconsequential crimes. Had the judge decided to sentence this particular man to life there would’ve no doubt been many outspoken opponents.

Still, the prosecution used the man’s criminal history to get a harsher sentence then what would have been applied on someone with no criminal background. Because of his priors, he got the maximum sentence.

When determining your sentence, the judge will use many factors. One of the greatest of these is your history. If this is your first criminal offense, you stand a better chance of getting off with probation or even time served and a fine. If, however, you have been in court before and particularly for the same charge you face this time, you may face a far more serious penalty.

Being nervous about your outcome at court is understandable. Even if you do have an extensive criminal history, we may be able to work out a plea agreement with the prosecution. Whether you are facing charges of theft, assault, or even DUI, call me today.

I can help you make sense of the charges against you and the potential penalties you may face.

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According to USA Today, this sex offender has four felony sex convictions. His convictions include a rape, two attempted rapes, and “lewd and lascivious acts with a 13-year old girl.” He was released from prison in 1997 and committed to a mental hospital after being classified as a “sexually violent predator”.

While those people who have been convicted of sex offenses face stark penalties and lifelong repercussions, those considered dangerous enough for this classification face extra precautions designed to keep society safe.

The state of California is paying to house the man in question in an unincorporated community in the middle of the desert. He stays in a mobile home and only leaves for treatment and accompanied trips to the store. He is not allowed access to the Internet and is required to be monitored by GPS at all times.

While cases of sexually violent predators are extreme, convicted sex offenders often have to live with penalties for the rest of their lives. From registering as a sex offender to residential and employment restrictions, a sex offense can have effects that stretch long after the prison time has been served.

Another interesting issue the USA Today report brings up is the stigma this man, and others like him, must live with. While his is an extreme case, people convicted of sexual offenses are often seen as “sick” or perverted by society’s standards.

You can feel the stigma attached to these kinds of offenses from the moment you are accused. When facing a crime with such a negative stigma, you need a defense lawyer in your corner, advocating for your rights. If you are accused of rape, molestation, or another sex crime, contact me today.

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Four years ago Robert Taylor was put in charge of the juvenile probation department and basically told to clean things up. While The Times calls Taylor “more proactive than his predecessors”, complaints continue to come in about the officers under his control.

It seems, however, this may be a situation of several bad apples giving the agency a bad name, as not all juvenile probation officers in the county are ruthless. Many, I am sure, got into the field to help youth rather than further their descent into delinquency.

Not all children in the justice system are destined to become criminals. Often, kids make mistakes and they pay for them. Being stigmatized is difficult enough without officials attempting to take advantage of those youth that are in a vulnerable situation.

When your child is accused of a crime or status offense in the state of California, the probation department plays a very big role in the outcome of their case. Determining if your child will be “petitioned” to court is a large responsibility of the probation office.

If you are a juvenile accused of a crime or if you are a parent of such child, a defense attorney within the juvenile system can be a great asset.

The juvenile justice system is vastly different from the California criminal system. However, depending on the circumstances surrounding your case, juvenile criminal offense can land you in adult court.

Knowing exactly what you are up against and the potential outcomes is something your attorney can assist you with. If you or your child is caught up in the system, call me today for a free consultation.

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Depending on where the checkpoint is, the number of cars impounded for every DUI increases significantly. Though the checkpoints are designed to catch dunk drivers, in theory, the NY Times article suggests the cops are setting up shop where they know impounds will be high.

In Daly City cops impounded 39.5 cars due to no licensed driver for every 1 DUI. In San Rafael that number was 18.6 per every DUI. In several cities around L.A. the average is 20 cars impounded for every DUI arrest at a DUI checkpoint.

The legality of California’s 30-day impoundment law is in question and will be argued this year in from of the U.S. Court of Appeals. Considering California police impounded 24,000 vehicles at DUI checkpoints last year, a ruling against the law could mean far less work for tow companies and city impound lots in years to come.

Despite the DUI numbers being low when compared with impound numbers, DUI checkpoints have resulted in many arrests over the past few years, arrests based on people being under the influence and suspected of DUI. The penalties for a DUI are far harsher than being caught without a license, as this offense is criminal.

A first time DUI charge in California will likely cost jail time, fines, DUI school driver’s license suspension, and court probation. If this is your second or greater offense, those penalties increase.

When facing charges like this it’s important you have an experienced advocate on your side. When the cops stop you at a DUI checkpoint there are limits to what they can arrest you for. If you are facing criminal charges as a result of one of these checkpoints or if you are accused of DUI, call our defense lawyers today.

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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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While at initial glance it seems this ruling may have clarified things for the medical marijuana community, a closer look reveals the lines are quite possibly even more muddled now.

As the Sacramento Bee reports, the Compassionate Use Act of 1996 stated that individuals who have their physician’s approval can possess “an amount of medical marijuana reasonable necessary” for their medical needs. What is considered a “reasonable amount” is to be left up to the criminal courts (should someone be charged with a marijuana offense) for the time being.

Although the Supreme Court’s decision does bar the state from having predetermined limits, it doesn’t preclude local communities from doing the same. Here’s the kicker: while a city may limit the amount that can be possessed and even arrest someone for being over that limit, they can’t be charged or imprisoned for being over the said limit. This is because there is no state law limiting the amount under the new ruling.

So, while a city like Oakland can arrest you for having more than their limit of 3 pounds, unless you are in violation of another state law, you cannot be charged criminally with being over this limit.

Medical marijuana laws are quite confusing and in what seems to be a constant state of flux. When facing any criminal marijuana charges, whether you have your doctor’s approval or not, you need an experienced defense attorney with an up to date knowledge of both the local and state legal systems.

If you are facing charges of possession of marijuana, trafficking, or any other drug offense contact  us for a free case evaluation.

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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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Nineteen year old Derelle Oliver is no newcomer to the legal system, and that is part of the problem. When arrested under suspicion of murder in December 2008 he was already on probation for armed robbery and has had a criminal history reaching into his juvenile years.

According to the San Diego Union Tribune, Oliver was originally arrested and charged with murder but those charges were dropped due to insufficient evidence. Later he pled guilty to assault for pointing a pellet gun at a girl that night. Critics believe he is still being punished for the murder that no one could prove.

Judge David Danielsen ensures those critics that he was sentenced to the 9 year term because of his escalating criminal behavior and past criminal history.

Prison authorities recommended that Oliver would be a good candidate for probation and his attorney advocated the same. The mother of one of the murder victims, however, advocated for the full 10 year sentence.

Even when you are facing charges that are relatively minor, past criminal offenses and your current lifestyle can seriously impact the result of your case. Even if your criminal history occurred when you were a juvenile, it can be used against you.

Whether facing charges of possession of marijuana or assault, you want to be assured that you have selected a defense attorney you can have confidence in.

While it is unusual to see a sentence of 9 years for an assault that involved no physical contact, this story shows that extreme sentences do occur.

Call me today to discuss all of the details of your case and how you can best prepare for your day in court.

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On the somewhat humorous side of things, a 49 year old Solomons man is facing charges of assaulting a woman with gravy. According to BayNet.com, Mark Stephen Leishar is up against 2^nd degree assault charges after a police officer found his victim in the WaWa Store covered in brown gravy.

Apparently, the two were involved in a verbal altercation when Mr. Leishar resorted to throwing gravy. The woman’s face and hair were covered in the liquid when Deputy D. Harris arrived and took Leishar into custody as he was trying to leave the store.

Despite the victim not being injured, even an attack not resulting in injury can result in criminal charges. As a matter of fact, an attempt at violence can be charges as a Simple Assault under California law.

In another story, a 71 year old former state legislator is facing a misdemeanor assault charge. According to the LA Times Walter Karabian is charged with hitting a parking lot attendant with his car at a USC football game this past season.

Apparently the attendant attempted to stop Karabian’s entry into the game due to his lack of a pass. He allegedly hit her with his vehicle several times, though no injury was reported. Interestingly, the use of his vehicle in the assault could have gotten Karabian charged with a felony.

Assault cases range from the relatively minor to the life threatening serious. However, no matter the situation behind the criminal charge, facing these charges is a serious matter.

When up against criminal assault charges you want an attorney you can trust. Call us today to discuss the details of your case. We can give you a free consultation and some legal advice to help you on your way.

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In exchange for the 5,337 weapons, the Department handed out $428,100 in gift cards to local retailers including Target, Food 4 Less, and Ralph’s.

The program works like this: you bring in a weapon, you get paid. No questions asked.

The Department hopes the program is taking weapons out of the hands of potential criminals and saving lives as well. It has its critics as some argue the guns being turned in aren’t those used by gang bangers and criminals and that those people would simply find more if that were the case.

Someone who has a need for a gun, whether as protection or involvement in criminal activity likely won’t be handing that gun over for grocery coupons, unless they have another to replace it.

The Sherriff’s Department, however, believes that every gun turned in is a potential weapon off the street. The LA Times quotes Lieutenant Anthony Lucia as saying “I tell the deputies if it is a gun that could harm one of our deputies then it is a gun we want of the streets.”

Weapons offenses in L.A. County are more common than people tend to think. With so many laws governing the use of weapons, there are many opportunities to run afoul.

The most common California gun law violation is possession of a firearm without a permit. This is a misdemeanor charge and could land you up to 1 year in jail. There are many more felony gun charges as well, upping the chance that you will spend years behind bars.

Being caught on the wrong side of the law isn’t easy. If you are facing a court date for a weapons charge, I know how stressed you must feel. Trying to understand the charges against you can cause even more stress and worry.

Contact our attorneys today if you are up against charges like these in the state of California. We can help you make sense of the system and be a tireless advocate for your interests in court.

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