Eamonn Daniel Higgins has been charged with conspiracy to commit visa fraud for attending ten different schools in Southern California on behalf of dozens of foreign students. The students, mostly from the Middle East, would pay him to sit in class, take exams and write their papers so their visas would stay in effect. They paid as much as $1,500 for course assignments and finals. The special agent in charge of investigations said that this was a "really sophisticated" scheme-- something they'd never seen before. Higgins carried on his plan from 2002 to 2009 and even had employees working for him. Authorities were first made aware of his actions when a wallet was found with seven fake California driver's licenses, all with a photo of Higgins' nephew. Higgins now faces up to five years in federal prison and the 16 students who had hired him have also been arrested and face criminal and immigration consequences.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Here is a video from the Orange County Register's ocvarsity.com
The Orange County Sheriffs Department is investigating one of their own for suspicion of driving under the influence and crashing into a vehicle. On Monday of this week Orange County Sheriff's Deputy Allen Waters was involved in two collisions. The first incident happened in front of City Hall in Dana Point where deputies were called and took an incident report. It was not explained if the Lexus was parked or what the damage was, but Deputy Waters and the driver were able to go on their way. Within the hour CHP was called to a collision again involving Waters in Laguna Niguel. The California Highway Patrol reported that Waters made an unsafe turn to the right, and the resulting impact sent his car off multiple curbs and then into a Toyota with an elderly couple inside. One of the victims was taken to the hospital. At this collision the CHP reported that the unsafe turn was "...due to Waters' level of intoxication" according to the Orange County Weekly. The Orange County Sheriff's Department will conduct a full investigation. Driving under the influence can be filed as a misdemeanor or a felony. If a driver has three previous convictions and picks up a fourth case in a ten year period then the fourth case can be filed as a felony. Or, if a driver has never had a DUI previously but while driving drunk causes bodily injury to another then that case may be tried as a felony.
A first time misdemeanor DUI carries a maximum punishment of 6 months but most people do no jail time although they must pay a fine, attend an alcohol school and are put on three years of informal probation. A second time DUI within 10 years of a previous DUI has the same punishment except the maximum jail time is 1 year; the actual punishment varies from county to county. In Orange County an individual is looking at between 45-60 days in jail on a second DUI. On a third DUI the minimum punishment is 120 days by law and on a fourth DUI within 10 years of three previous convictions the maximum is 3 years in state prison. There are many possible defenses to driving under the influence. (See Vehicle Code Sections 23152(a), 23152(b), 23153(a), 23153(b).)
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Attention has been brought to the practice of "sexting", where teenagers send provocative text messages or revealing pictures via cell phones. This trend has appeared in the news and in episodes of television series. While there is no specific law against teenagers sending explicit photos of themselves, prosecutors are charging individuals with distribution of child pornography based on the subject's status as a minor. To date there has been no effort to prosecute inappropriate written messages. Sexting normally occurs when pictures of nude or semi-nude teenager are sent to another teenager; normally, the teenager posing for the pictures is usually the one taking and sending the photo. Officials are troubled by the possibility that the photo can be distributed to others without the consent of the subject and with the possibility of the minor being exploited. In Pennsylvania a court ruling is being criticized where a judge told a group of teenagers to attend a program on why sexting is wrong or face charges of child pornography. Naturally, the first line of discipline for teenagers is their parents or guardians and it seems like sexting has now become a relevant matter to be discussed at home. (See Penal Code Sections 311, 311.1, 311.2 and 311.3)
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
The search continues for a missing family of four whose car was found miles from the U.S.-Mexican border in a San Ysidro parking lot. No one has heard or seen from Summer McStay mother of four year old Gianni Giuseppe and three year old Joseph Mateo since February 4th. Her kids and husband Joseph McStay had moved from San Clemente to Fallbrook and were in the process of settling in to their 4 bedroom house. The last person to talk to her was Jesi Silveria a family friend when they had a phone conversation on February 4. Two friends had attempted to communicate with the McStays on different occasions and no one responded. Joseph's brother Michael stopped by to find the house empty and contacted police on the 15th. The police found Summer and Joseph's cell phone in the house and refrigerator items left out. Family and friends hope they find them safe and soon.
Criminal Law Updates for Law Offices of William W. Bruzzo (714) 547-4636
The tagger poster has been made available by the City of Santa Ana, in Orange County, California.
In Garden Grove, Orange County, taggers will now be fined up to $1,000 for possession of graffiti instruments. The city will even make parents pay, if the tagger is a juvenile. The issuance of these citations will be starting March 1st. According to the Orange County Register, City Manager Matt Fertal said administrative fines are a "tried and tested tactic for Garden Grove." In the recent past, citations for illegal fireworks proved to be very effective after a city ordinance was passed allowing law enforcement to issue administrative citations to those shooting off illegal fireworks. Fertal also notes that the fines are a quicker more efficient way to handle these less serious offenses. Money collected from these fines will help pay for wiping out all the graffiti that's already been done. In other Orange County cities, taggers face criminal prosecution (and suspension of their license if convicted) in the court system rather than administrative fines, so Garden Grove taggers should count themselves lucky. (See also Penal Code Section 594, Vandalism and Penal Code Section 594.2, Possession of Vandalism Tools).
Criminal Law Updates by Law Offices of William W. Bruzzo (714) 547-4636
A second Orange County Kohl's store was robbed in a period of just two days. The first Kohl's robbery occurred in Cypress where the suspects are still at large. The first robbery involved two women who stole $520.00 worth of cologne and silver jewelry. The second robbery involved a man who used a weapon to steal jewelry from the Irvine Kohl's. No gun, however, was ever recovered. Police utilized a "reverse 911 call" to warn Irvine residents to stay indoors as police searched for the suspect on the afternoon of February 25th. Two schools were also locked down. Police have now apprehended a suspect who they believe to be the one who carried out the armed robbery (Penal Code Sections 211 and 245(a) (1)). He was found walking in the courtyard of an apartment community in Irvine. No estimate of the stolen goods has yet been given.
Criminal Law Updates by William W. Bruzzo (714) 547-4636
Charlie Sheen and his wife received a visit from Child Protective Services (CPS) at their home in Los Angeles. The reason for the home visit by authorities was a result of an alleged domestic violence incident which occurred near a ski resort in Colorado. After domestic violence incidents it is not uncommon for CPS to visit the home to insure the safety of the children who live there. The Sheens have two infant sons and Mr. Sheen has two other children from a previous relationship. After an official visit like this one CPS can decide to take no action or they may institute Dependency Proceedings, wherein the courts assess whether the parenting skills of the parents are sufficient for the children to remain in the home. In extreme cases the children can be removed from the parent and placed with a family member or in foster case. In the case of the Sheens it appears no action was taken by CPS.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
