38-year-old Debra Ayala Tapia was arrested March 23, 2010 on suspicion of felony lewd and lascivious acts with a child ages 14 and 15 and felony oral copulation with a child under 16 years of age (California Penal Code Section 288). Her bail was set at $100,000.
Tapia is said to have had a sexual relationship with a 15-year-old boy in the Santa Ana neighborhood of Orange County and then having his child in November 2009. The boy's mother learned of the relationship when she found letters that Tapia wrote to her son. She then talked to her son and found out that he had sexual intercourse with Tapia, who was married at the time with three children of her own.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
As the beach weather returns sun bathers at San Onofre State Beach will be facing enforcement against nudists. There is a disagreement on whether the beach should allow nudity. The California Court of Appeal decided that the Cahil Policy was not a valid measure because it had not been passed through proper procedures for approval. That policy meant that nudity was allowed unless there was a citizen complaint to authorities who could then cite the nudist. There are those that argue that the policy is valid and officials should not be able to cite beach goers without swim wear. Over the weekend there were two people cited for nudity at the beach. It was estimated that the ticket, including fees would be roughly $500. State park officials explain that they have been informing the public they will start issuing citations and that the public has had ample warning of the new policies. The pro nude beach groups intend to work on keeping San Onofre clothing optional. A person found in violation of the nudity law could be cited under various municipal code sections and subject to incarceration and/or fines.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
William Arganda, former Westminster police sergeant in Orange County, California, an 18 year veteran with the force, was sentenced to three years informal probation, 100 hours community service and five days of service at the California Department of Transportation. Arganda pleaded guilty to misdemeanor charges of domestic violence and unlawful disclosure of DMV records. He was accused of using the CLETS system (which connects to DMV, state and federal law-enforcement databases) for personal rather than professional reasons. Arganda was said to have used the databases to meet women, look up names and license plates, and keep an eye on his ex-wife and ex-girlfriends. He was eventually fired from the department for doing so. Domestic Violence can be charged as a felony or a misdemeanor under Penal Code Sections 273.5 and 243(e) (1);as misdemeanors both charges carry a maximum punishment of 1 year in the county jail. As felonies both charges carry a maximum of 3 years in state prison. In addition, if a Defendant is found guilty of these charges or pleads guilty he/she must complete a 52-week batterer's course, 8 hours of community service and pay about $800.00 in fines, fees and "donations". A skillful attorney can help you avoid a conviction under this code section and/or custody time depending on your individual facts.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
In an effort to curb state spending and move toward greater efficiency in inmate healthcare, Gov. Schwarzenegger is proposing to have the University of California provide medical attention to state inmates. This move would could save California $300 billion this year alone according to the Los Angeles Times article. In order to reduce spending the new system would include electronic record keeping that can be easily accessed by doctors, buying medicines in bulk, and using video communication between doctors and inmate patients. The state would no longer send inmates to community hospitals instead the prisons would send their inmates to hospitals designated under the plan. Some details still have to be worked out with worker's unions for current employees that might have to be let go or work within the new system. Also, any concerns lawmakers or federal judges may have still need to be considered. Oversight of the prison healthcare service would be removed from federal judges and taken on by the University of California. A state agency comprised of governor appointees, federal court representatives, and correctional administrators would check the UC and make sure care and spending are appropriate.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
The Orange County jail system debuted their new immigration check program on March 17, 2010. The process uses the Department of Homeland Security database to scan each inmate's fingerprints. The scan detects those who have had "any contact with the immigration system [and] flags immigration officials" according to the Orange County Register. An immigration hold can then be placed on the person; ICE then has 40 hours to pick them up. The scan connects Orange County law enforcement to the federal database and will permit all of those taken in by the police to be checked against the data base. Prior to this new process, those arrested were only asked if they were foreign born. U.S. officials then verified the immigration status of the individuals born outside of the U.S. The purpose of this new program is to identify illegal immigrant criminals, inform immigration officials and then deport them to their country of origin according to executive director David Venturella.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Here is a video from the Orange County Register ocregister.com/video
Last Wednesday night, on March 10, 2010, $10,000-$12,000 worth of gear was stolen from locked outdoor storage sheds at Bolsa Grande High School in Garden Grove, Orange County. The young players were shocked to find their mitts, bats, helmets, cleats, catching gear and pitching machine all gone. 80% of these items belonged to the players themselves and were purchased with their own money. Because of the unfortunate theft, an opening season game against Saddleback Valley Christian was cancelled. Practices, however, have resumed with the players using older or donated equipment, but it is not the same said one of the players. The booster club will now be meeting to discuss fundraising options as about 70% of the school's students come from economically disadvantaged households and do not have the resources to buy new gear. Perpetrators of the crime can be charged with Burglary (California Penal Code 459) or Grand Theft (California Penal Code 487(a) if caught, since they first broke into the sheds and then committed the theft.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
