An ordinance, adopted January 2009, in the city of Lancaster in Los Angeles County is seeing positive results after imposing stiff penalties on dog owners. Owners of "potentially dangerous" and "vicious" dogs such as pit bulls and Rottweilers are prevented from using their dogs to bully people or cause physical harm to others.
Since the passage of the law, the Los Angeles County Department of Animal Care and Control impounded 1,138 pit bulls and Rottweilers and of those, 362 were voluntarily surrendered by owners.
Lancaster's Mayor, R. Rex Parris, said that a year ago "these individuals delighted in the danger these animals posed to our residents, often walking them without leashes and allowing them to run rampant through our neighborhoods and parks." According to Parris, Lancaster is a lot safer now since the ordinance was passed. Parris said there was a 45% drop in Lancaster's violent gang crime, which includes homicide (Penal Code Section 187), rape(Penal Code Section 220), robbery (Penal Code Section 211) and aggravated assault (Penal Code Section 245(a) (1).
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
The California prison system will start an inmate early release program. This is in response to a Federal Court announcement that the California prisons reduce its inmate population by about 40,000 within a certain period of time. The court's main reason for the reduction was in response to overcrowding and the effect it had on inmate behavior and conditions. This issue came up as a result of prison violence. Recently a riot broke out in the Chino State Prison east of Orange County California, bringing in media and state regulator attention to the system. Those that defend the program explain that this would reduce the number of inmates in jail and also adjust the parolee numbers as well. According to the Sacramento Bee "low-risk offenders [would] earn credits on their prison sentences by completing rehabilitation and education programs." The idea is that the more serious offenders would still be locked away from the community while reducing the population inside and saving money. Opponents of this plan say that offenders are being released during a time of police officer lay offs and budget cuts, therefore creating a scenario for an increase in crime. This program may also reduce sentences at Parolee hearings.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Here is an ABC News10 Video covering the early release.
Last July two men and a 17 year old were arrested in connection with stabbing and beating a man. Last Friday Nicolas Duran, Alejandro Duran and 17 year old Manola Mauricio pled guilty to one count of aggravated assault(Penal Code Section 245(a)(1), one count of street terrorism (Penal Code Section 186.22) and a sentencing enhancement for criminal street gang activity. Both counts were felonies and Mauricio was prosecuted as an adult according to the Orange County register. The police report revealed that the victim noticed three adults writing graffiti on a wall and told them to stop. Those same three adults and two others on bikes followed the victim and beat him. Mauricio received credit for time served of 200 days and was placed on probation. The D.A. objected to all three defendants' sentences, believing that either based on their criminal records or the nature of the incident each should do more time.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
To learn more about the outcome of this case watch an OC in Two video produced by the Orange County Register.
Every generation finds an iconic author who writes stories about everyday people to whom the public can relate. From the 1820's to the late 1960's The Saturday Evening Post served this purpose. As television became more a part of our lives people would often remark "there was an I Love Lucy episode about this!" Since the 1989 it has not been unusual to hear people say "Wasn't there a Seinfeld episode about this?"
In 1992 episode 20 of Seinfeld's third season was titled "The Good Samaritan". You might remember this episode. According to Wikipedia the basic plot is "Jerry witnesses a hit-and-run driver hitting another car. He is on the car phone with Elaine at the time, who tells him he has to go after the driver. He does, but when the driver steps out he realizes that she is a beautiful woman (played by Melinda McGraw) and decides to date her."
Today's post isn't really about comedy, it is about being charged with a hit and run, but on occasion comedy is the best teacher. Moliere, the17th century French playwright, once said: "The duty of comedy is to correct men by amusing them."
The truth is every hit and run is serious, not amusing. It is an offense that is not to be taken lightly. It never is by those on the receiving end of the act. While the justice system also serves to correct men and women, it does not do this by amusing them. But the justice system on occasion corrects men and women by offering a training class, as opposed to jail time.
Here is one client's experience:
"I was charged with hit and run (Vehicle Code Section 20002) for striking a vehicle and leaving the scene. I hired Attorney William Bruzzo to represent me in this case as I was told he is very familiar with the courts and the district attorneys in Orange County. In the end Mr. Bruzzo was able to negotiate a disposition where the District Attorney agreed to DISMISS THE CASE after I took a class. I am truly grateful to Mr. Bruzzo for his representation in this matter as it spared me from going to jail and having a conviction on my record as it would greatly affect my teaching career. I would enthusiastically recommend Mr. Bruzzo for any criminal matter." ~ EH, 1/21/2010
Criminal Law Updates by The Law Offices of William W. Bruzzo (714) 547-4636
Enjoy a clip from the Seinfeld's "The Good Samaritan" episode
Tuesday, January 19, 2010, the National Weather Service gave out a tornado warning for Orange County as thunderstorms headed in that direction. Several vehicle incidents were reported due to the severe weather conditions. Winds flipped over a car in Huntington Beach in Orange County and deputies had to push a stalled BMW SUV out of the water on the highway. Just south of Riverside County, road crews scraped mud off the roadway thereby closing Ortega Highway. Mud and debris were also blocking lanes at Trabuco Canyon Road. Indeed, drivers have some challenging conditions to deal with in this torrential downpour. Notably, drivers must modify their driving practices to reflect all driving conditions to include weather. Reckless driving (Vehicle Code Section 23103) can be a violation drivers get cited for in such weather conditions. Persons may be charged if driving in a "willful or wanton disregard for the safety of persons or property." Punishment can be up to 90 days in jail, in addition to a maximum fine of $1,000. Drivers should take necessary precautions and drive according to road conditions in addition to posted speed limits.
Criminal Law Updates by The Law Offices of William W. Bruzzo (714) 547-4636
OCregister.com presents this video about Orange County's Tuesday stormy weather:
Huntington Beach bars and restaurants might have one more rule to adhere to: no Beer Pong allowed. According to the Orange County Register the city is considering banning the popular drinking game from being played at businesses with an alcohol license. The reason for the ban stems from a general attitude shared by council members and residents that it is necessary to control bad behavior by drunken customers of those very popular watering holes in Huntington Beach. Residents dislike discovering urine or vomit on their lawns; meanwhile the city has passed rules designed to "improve downtown's image". Those wanting to ban the game explain that a drinking game is not something a business establishment should promote since the city might be negatively affected. Yet the game is so popular there is a championship in Las Vegas and it has caused enough problems that Huntington Beach is not alone in having issues with the drinking game. In New Jersey one city has already passed a law prohibiting Beer Pong and there was a Time Magazine article on the subject of banning the ping pong based alcohol-drinking game. Some Beer Pong participates might find themselves charged with a violation of Penal Code Section 647(f) (Drunk and Disorderly). Commonly, police will stop individuals who appear drunk, usually while they are walking and conduct field sobriety tests at the scene. The tests determine whether they are a risk to themselves and/or others. If so, they can be arrested and face fines and fees as well as a maximum of 90 days in jail. A skillful attorney can get the court to allow first time offenders to take a class and get the case dismissed.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Enjoy a TIME Magazine Video, August 13, 2009, "Beer Pong Strikes Back"
A Battery occurs whenever one person touches another without consent. A Battery can be charged as a misdemeanor or a felony. The amount of injury to the victim will usually decide whether the case is charged as a felony or a misdemeanor. Here is one client's experience facing a battery charge in Orange County:
"I was charged with Assault on a Peace Officer (Penal Code Section 241(b)); Battery on an Officer(Penal Code Section 243(b))and Resisting Arrest (Penal Code Section 148(a) (1)). These charges occurred as a result of an altercation I got into with a Police Officer in Orange County. I was looking at up to one year in jail for these offenses. I hired William W. Bruzzo to represent me because of his reputation and his familiarity with the courts in Orange County. I told Mr. Bruzzo that not only did I not assault the officer in question but that he assaulted me without reason or provocation. I realized that for the most part it would be my word against the officer's. Mr. Bruzzo took my case and began investigating the officer by filing motions which requested the personnel records of the officer in question. The County of Orange fought to keep the records from being revealed but Mr. Bruzzo won in the end. The personnel records of the officer in question revealed that he had had problems with violence in the past. Mr. Bruzzo used this information in his negotiations with the District Attorney. In the end, the District Attorney agreed to DISMISS all the charges against me! I am very grateful to Mr. Bruzzo for his work and I would enthusiastically recommend him for any criminal matter." ~ WR, 01/15/2010
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
A woman evaded the police in Huntington Beach, Orange County on January 13, 2010 after being pulled over around 12:30 a.m. Police suspected she was on drugs and were discussing the situation, when the woman suddenly fled in her vehicle and headed south on Pacific Coast highway. The woman led the police on a chase from Huntington Beach to Laguna Beach, where she eventually crashed into a guardrail after running over spike strips police had laid out. The woman did not suffer any injuries and was taken to jail on possible charges of Vehicle Code Section 2800.1. The code section specifies that "any person who, while operating a motor vehicle and with the intent to evade, willfully flees or otherwise attempts to elude a pursuing peace officer's motor vehicle, is guilty of a misdemeanor punishable by imprisonment in a county jail for not more than one year if all of the following conditions exist: (1) The peace officer's motor vehicle is exhibiting at least one lighted red lamp visible from the front and the person either sees or reasonably should have seen the lamp. (2) The peace officer's motor vehicle is sounding a siren as may be reasonably necessary. (3) The peace officer's motor vehicle is distinctively marked. (4) The peace officer's motor vehicle is operated by a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, and that peace officer is wearing a distinctive uniform." Notably, this crime can also be a felony under vehicle code section 2800.2 if in addition to fleeing the police the individual drives with a wanton, willful disregard for the safety of persons or property. That crime can carry a maximum of three years even without causing any injury or property damage.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Rescue teams from Southern California including a group from Orange County are being sent to Haiti to help in the recovery effort from the 7.0 magnitude earthquake that occurred on Tuesday. The team includes search dogs, paramedics, rescuers and equipment to work through the rubble. The California Urban Search and Rescue Task Force 5 will be in Haiti for two to four weeks. The team is part of a U.S. response team designed to aid after natural or man made disasters, terrorist attacks or other crisis situations. According to the Orange County Register their flight had been delayed in the morning leaving a Riverside Air Force base. The team's previous experience was during Hurricane Katrina and Gustav. They are taking food, water and search dogs to aid in the rescue effort. The BBC news page website reports that UN personnel are still missing, and some U.S. citizens are still unaccounted for. The Red Cross, World Bank, IMF and UN have sent money, medical assistance, or assistance for rebuilding. Groups urge people to help with what they can: The Red Cross, Doctors Without Borders, UNICEF.
Criminal Law Updates by Law Offices of William W. Bruzzo (714) 547-4636
Here is a video report on January 15, 2010, from ABC7, KABC Los Angeles, CA
Investigators at the Orange County Sheriff's Department as well as the FBI are investigating a strange robbery that occurred at a U.S. Bank in Lake Forest, Orange County on January 11th. A man wearing a bicycle helmet went inside the bank and held a teller at gunpoint while demanding cash. He handed the teller a note and then took the note back and left the bank. He was not seen getting into a vehicle or, more importantly, on any bicycle.
California Penal Code Section 211 defines robbery as "the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear." The fear may be either that of an unlawful injury to the person or property of the person robbed or of any relative of his or member of his family; OR the fear of an immediate and unlawful injury to the person or property of anyone in the company of the person robbed at the time of the robbery.
Because the U.S. Bank teller was held at gunpoint, he/she was most likely placed in fear of his/her life, thereby constituting a robbery. When no force or fear is involved in the taking of personal property, it is simply a theft, carrying a less serious punishment.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
On January 6, 2010 in Orange County, Christopher Ontiveros, a history teacher at Oxford Academy, pleaded not guilty to charges of sexual acts with a 17-year-old student in his class. Several explicit text messages have been discovered, implicating Mr. Ontiveros.
The history teacher started out by tutoring the young female student after school and then later counseling her on medical issues, and eventually, spent time with her outside of school. The student told police that Mr. Ontiveros kissed her once at the end of the last school year and once school resumed in September, the relationship grew more intimate. In one of his numerous texts, he wrote, "Maybe there's many ways to prove myself, but one for sure is when I get to hold u and share this ecstatic love making, it's real and binds us."
The Orange County District Attorney has charged Mr. Ontiveros with three felony counts of sexual penetration by foreign object of a minor (California Penal Code Section 289), one felony count of oral copulation of a minor (California Penal Code Section 288a), one felony count of distributing harmful sexual material to a minor, one felony count of contacting a child with intent to commit sexual penetration, and one misdemeanor count of sexual battery. If convicted, Mr. Ontiveros faces a maximum sentence of six years in state prison.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
This video, OC in Two, is produced by the Orange County Register and includes information about this case.
Three gang members allegedly broke into a home on New Year's Eve in Tustin, Orange County, California. One of the suspects pistol whipped the resident and ran off with about $200 according to the Orange County Register. A car chase through Tustin and into Santa Ana ended up with the suspects fleeing on foot. The owner of the car was Jose Zendejas, he was arrested in Long Beach. A second suspect Ernesto Garcia was arrested in Santa Ana and both men are being charged with robbery (Penal Code Section 211) and street terrorism (Penal Code Section 186.22). A third suspect Alberto Penaloza is being charged with robbery, possession of a controlled substance for sale (Health and Safety Code Sections 11359, 11378, 11351) and as convicted felon in possession of a stolen firearm (Penal Code Section 12021(a)(1). An amount of methamphetamine was found and evidence of drug sales (Health and Safety Code Section 11378). Examples of evidence the drug is for sale include if the substance is packaged in individual amounts, the amount of the drug, if scales are found with the drug and/or a significant amount of small bills.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Los Angeles, Ventura, and Orange County police agencies believe that there is a group of criminals targeting shoppers of Apple stores. Once the customers go to their cars to drop off the items and continue shopping then the alleged thieves come in and break into the vehicles ( a violation of Penal Code section 459-460). A sting operation was conducted in Mission Viejo in Orange County and three men from Los Angeles were apprehended. Each is being charged with 28 counts of second-degree burglary, grand theft (Penal Code Section 487), possession of burglary tools (Penal Code Section 466)-unlawful tampering with a vehicle. An undercover officer went into the Apple store and bought a printer then took it to his car and changed parking locations in order to shop at other stores. It was not described how long the deputy was followed by the suspects before he parked at another location. According to the Orange County Register, officials noticed a pattern of break-ins during the holiday shopping season. The same type of incidents has happened in L.A. and Ventura County and officials in San Bernardino are also being informed of the trend.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
KTLA.com reports on Thieves Targeting Apple Store Customers
An 18-year-old driving a gray Ferrari crashed into a tow truck killing his passenger on December 24, 2009 in Newport Beach, Orange County, California. Luicci Nader, the driver, remains in critical condition and is unable to speak to authorities after having lost control of his vehicle due to excessive speed. No alcohol was involved in the accident; however, Nader still faces possible charges of manslaughter if he recovers.
Under California Penal Code Section 192, manslaughter is "he unlawful killing of a human being without malice." There are three types of manslaughter- 1) Voluntary, 2) Involuntary, and 3) Vehicular. The above case would most likely fall under the category of vehicular manslaughter as the driver was driving the vehicle while unlawfully speeding and it resulted in the death of his passenger. Because Nader was grossly negligent, he could be convicted for vehicular manslaughter and receive up to 6 years in prison.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
This news video was provided by KTLA.com on the night of the accident.
19-year-old Juana Perez Valencia is facing 25 years to life in prison for dumping her newborn baby in a trash can after giving birth to her in a restaurant bathroom. She has been charged with one felony count of murder. California Penal Code Section 187 defines murder as the "unlawful killing of a human being, or a fetus, with malice aforethought." Her newborn girl was found in a trash bin outside of Sombrero's, a Mexican restaurant in Orange County, where Valencia was working as a food server.
Valencia was arrested after she went to Anaheim Medical Center to be treated and doctors discovered she had recently given birth, though Valencia denied having been pregnant. An autopsy revealed that the baby, who weighed 6.3 pounds and was 17 inches long, was alive when she was left in the trash bin.
The Safely Surrendered Baby Law (SSB) was implemented on January 1, 2001, in response to the increasing number of abandoned baby deaths in California. In October 2005, Governor Schwarzenegger signed legislation extending the SSB Law permanently, effective January 1, 2006. The law is intended to spare the life of an infant by encouraging parents or persons with lawful custody to safely surrender an infant at a "safe surrender site" such as a fire station or hospital, within 72 hours of the child's birth rather than abandoning them in an unsafe location. The law allows individuals to surrender their baby confidentially and without fear of prosecution. No questions will be asked of the individual. A parent or person with lawful custody has up to 14 days from the time of surrender to reclaim their baby.
In the first half of 2008 (January 1-June 30), 31 babies were safely surrendered in California. Los Angeles County leads the state with 59 babies safely surrendered since the program's inception. As of June 30, 2008, 251 newborns have been safely surrendered in California while another 149 infants have been found alive following their illegal abandonment.
Here is a video from KTLA5, Eric Spillman reporting the night of the incident.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
This New Year's brings new laws to the state of California. According to the OC register the fee for renewing a driver's license has gone up to $31. Other vehicle related regulations include video screens and interlock devices. A video screen can be placed in the front seat as long as the driver cannot actually see the screen. It is now possible for cities and counties to require a 30 day impound of a vehicle if a person used a vehicle when soliciting a prostitute. On July 1st the following counties will require those convicted of a DUI to install ignition interlock devices on every operated or owned vehicle in order to maintain their driver's license: Los Angeles, Sacramento, Alameda and Tulare.
Other laws that will go into affect:
AB 576- Agencies will be identified as "victims" of graffiti vandalism. This gives the agency eligibility to seek restitution from those convicted.
SB 492- Raises fines and jail time for registered gang members loitering near a school within 72 hours of being told to leave.
SB 135 chopping off a cow's tail is considered a misdemeanor and can only be done when medically relevant.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
After a 911 call police showed up on Christmas day and arrested actor Charlie Sheen while he was on vacation in the ski resort town of Aspen, Colorado. According to the Associated Press the wife of the Two and a Half Men actor called regarding an incident with a knife and threats. An affidavit states that the wife was held down on a bed while Sheen threatened to kill her. An argument had developed after Brooke Mueller Sheen told him that she wanted a divorce and custody of their children. The possible charges are criminal mischief, menacing, second-degree assault and domestic violence. The AP article explains that the menacing charge can lead to two to eight years in prison and a fine of $2,000 to $500,000. Sheen was out on $8,500 bond. If this case had occurred in California the actor could have been charged with assault with a deadly weapon(Penal Code Section 245(a) (1)) for use of a knife and felony domestic violence(Penal Code sections 273.5 or 243(e) (1)). His exposure to prison time would have been similar to Colorado. Such an allegation could also effect child custody and visitation issues.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
