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
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
A death penalty hearing is set for Tanya Jaime Nelson in Orange County Superior Court; she was convicted of two counts of first-degree murder for stabbing Ha "Jade" Smith and her daughter Anita Vo. The motive for the murders was that Ha Smith a fortune teller, told Nelson she would do better by moving her business to North Carolina. In the end Nelson's business relocation failed and she lost her house. Her co-defendant Phillipe Zamora who was also charged with two counts of first-degree murder, agreed to testify against Nelson in exchange for a 50 year to life prison sentence, avoiding the death penalty. Zamora testified he agreed to travel with Nelson to Orange County because she would in turn introduce him to gay sexual partners according to the Orange County Register. He described the April 21, 2005 incident in which he and Nelson were at the victim's home, which doubled as her place of business. He explained how his co-defendant stabbed Vo which made Smith scream and Nelson yell "Don't let her scream!" Zamora's reaction was to hit Smith with a wine bottle and once on the floor stabbed her with two knives. Before leaving the residence Nelson took some jewelry, credit cards and money. In the end the stolen credit cards she used led to her arrest in addition to police finding she had a scheduled appointment on the day of the murders.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Daryn Wayne Peterson was recently sentenced to 9 months in the Orange County Jail for 'playing doctor' and claiming to heal cancer and AIDS with natural remedies. He treated patients from his Orange County home, telling them he had a doctorate from Canterbury University when he held no license to practice medicine in the state of California. He even encouraged his patients to cancel their health insurance policies.
Last December, Peterson pleaded guilty to four charges: (1) Unauthorized practice of medicine (B&P Section 2052(a)), (2) Operating a health care service plan without a license (H&S Section1349), (3) Offering an unapproved drug for cancer treatment (H&S Section109300), (4) Selling misbranded food (H&S Section110760).
Peterson has also been banned from working in the medical field and will not be selling vitamins and drugs for five years.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Here is a sample of Mr. Peterson's video advertisements:
Nicholas George, a Pomona College student, was detained at Philadelphia airport for carrying Arabic-English flashcards in his pocket. George was carrying these cards with him as his major is Middle Eastern Studies. George has now filed a federal lawsuit against employees of the Transportation Security Administration (TSA), the FBI and the Philadelphia Police Department for his five hour detention in which he was abusively interrogated about the 9/11 terrorist attacks and also asked if he was a member of a "communist group."
The lawsuit charges that George's Constitutional rights were violated--his Fourth Amendment right to be free from unreasonable seizure and his First Amendment right to free speech. George was never informed of why he was handcuffed, detained or arrested, and he was never informed of his rights such as a right to remain silent or a right to have an attorney present during questioning. George was finally let go with a ticket to fly home the next day, but was never given any apology or explanation.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
After seven months of investigating, the Los Angeles County District Attorney has brought criminal charges against Michael Jackson's physician, Dr. Conrad Murray. Murray, a cardiologist, has been charged with involuntary manslaughter (Penal Code Section 192) in connection with Jackson's death on June 25, 2009.
Dr. Murray is said to have acted "without due caution and circumspection." On the day of the tragedy, Murray tried to get Jackson to sleep using Valium and two other sedatives. However, Jackson remained awake for ten hours and demanded a stronger drug-- Propofol. Finally, Murray gave in and gave Jackson Propofol. He left Jackson for two minutes to use the restroom, at which time he also talked on the phone for 45 minutes. When he returned, Jackson was not breathing. The cause of death was "acute propofol intoxication," in conjunction with other sedatives.
Propfol, a drug most widely used by anesthesiologists to render surgical patients unconscious, is so dangerous that the U.S. Food and Drug Administration says only those trained in anesthesia should administer it. Murray now faces four years in prison for the non-intentional killing of Michael Jackson. Had this been more than negligence in administering a drug for an unapproved purpose, Murray could be facing charges of voluntary manslaughter or murder (California Penal Code Section 187).
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Here is CBSNews video coverage of Dr. Murray's Not Guilty Plea
Police investigations are keeping up with the social networking trend as they investigate gang members and gang activity. Sites like Facebook, my space, and twitter serve as a way to communicate between gang members. Some use the internet to post videos and photos sometimes showing current criminal activities that they are involved in. Music and art related to the gangs are also posted for others to see and create a presence. Through pictures, art or music gang affiliation can be linked to someone the police are investigating. By monitoring these sites officials are gathering prosecutorial evidence. Many of the comments, written posts or pictures are publicly available while the site managers cooperate with officials when presented with a subpoena.
Criminal Law Updates by Law Offices of William W. Bruzzo (714) 547-4636
Kris Jones was arrested just one day before his birthday in Huntington Beach, Orange County. During his arrest $700 was taken from him, which included birthday money from his family. Huntington Beach police arrested Jones on suspicion of: selling marijuana and possession of a controlled substance with the intent to sell(Health and Safety Code Sections 11351, 11378). Jones later pleaded guilty to the charges and was sentenced to serve three years of probation in addition to 90 days in jail.
Jones has now filed a claim against the city of Huntington Beach asking for the return of the $700 which was confiscated by police on the date of his arrest. Jones will soon go before a judge who will determine whether the money will be given back or not. Money that is part of evidence of the crime is unfortunately never returned and rather-- permanently confiscated. Thus, it's in one's interest to have a criminal defense attorney prepare a written motion for the return of property and make an articulate argument in court to have a successful outcome in court.
Criminal Law Updates by Law Offices of William W. Bruzzo (714) 547-4626
Police still do not have any suspects or new information surrounding the disappearance of 81 year old Robert Merle Harrod of Placentia in Orange County, California. He was last seen by his son in law on July 27, 2009. Harrod left his glasses and car at his house. Jeff Michael, Harrod's son-in-law, had been doing work around the house and left to go to Home Depot. When he returned Harrod was gone and the house was locked with the housekeeper waiting to have someone let her in. They went inside and nothing seemed out of the ordinary. Both left the home after each finished their tasks. After Harrod's daughters could not locate him by telephone they called Fontelle Harrod, their dad's new wife who was getting ready to leave Missouri to join him in Orange County. They had been married on June 29, 2009 and she was flying in on July 29. Mrs. Harrod called in a missing person's report and police have been investigating ever since. According to Harrod's doctor his patient did not suffer from dementia, police say that even if he did, someone would have recognized him from media reports. There was no sign of forced entry to the house and there has been no activity reported for any of Mr. Harrod's financial accounts. Police have looked into his new wife and his daughters as being suspects but there is no evidence that they were involved in kidnapping or killing Harrod. His wife Fontelle would have gained financially from Harrod's disappearance but she had not been added to any of his accounts yet. It is an ongoing investigation and police are treating it as a homicide as Police Chief Jim Anderson explains 'because you can't go back in time and retrieve evidence."
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Here is a report from ABC's Good Morning America which aired on August 1, 2009
The night of January 26, 2010, a 17-year-old gang member was arrested in Santa Ana, Orange County for carrying a loaded weapon. The incident occurred when police spotted the teen riding a "beach cruiser" and "acting suspicious."
When the officer tried to stop the teen, he jumped off the bike and ran. Police found him later hiding while carrying a loaded .38 caliber revolver.
California prohibits any individual from carrying a concealed firearm upon his or her person or within any vehicle under his or her control or in which he or she is an occupant. Under California Penal Code Section 12025, carrying a concealed firearm is punishable by imprisonment in the state prison, OR by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), OR by both fine and imprisonment if: (1) The firearm and ammunition are in immediate possession. Notably, a weapon that is loaded can be transported in a car if it is in a locked container like a carrying case or in the trunk of the car. It can only be carried on the person if the individual is going to or from a vehicle and the weapon must still be in a locked case.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Mitrice Richardson was a graduate of Cal State Fullerton in Orange County and vanished last September near Malibu. Her family has now brought a suit against Los Angeles County for their lack of efforts. The Richardson family's attorney is alleging negligence, intentional infliction of emotional distress and wrongful death at the hands of the Los Angeles County Sheriff's Department.
Richardson was last seen in September when she was arrested one night for not paying a bill at an upscale Malibu restaurant. She was later released from the sheriff's station without her car, phone or any money. Deputies let her go without conducting a psychological evaluation when strong evidence indicated Richardson was having mental problems at the time. Richardson's father, frustrated, commented: "I've been begging. I've been pleading. I've been asking for all the help I can get. I haven't gotten anywhere."
The Sheriff's department is saying, in their defense, that Richardson did not seem mentally incapacitated to the point where they would deem a mental evaluation was necessary.
The multi-million dollar lawsuit is now pending.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Here is a September 2009 report from MyFoxLA.com Channel 11
Glynn Johnson, a former Los Angeles County assistant fire chief, was found guilty in Riverside County Superior Court to charges of animal cruelty (California Penal Code Section 597(a)) and use of a deadly weapon (California Penal Code Section 12022) for beating a puppy to death outside his Riverside home. The deadly weapon used to kill the mixed breed shepherd, Karley, was a 12-pound rock. Johnson was accused of the crime after a long standing feud between him and his neighbors back in 2008 where he left dog feces in his neighbors' mailbox along with a letter warning them to keep their dogs off his property.
Weeks before Johnson's arrest, protesters from various animal-rights groups were gathering in front of the District Attorney's Office asking that Johnson be prosecuted. Johnson is now facing custody time as well as a hefty fine for his crime.
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
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
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
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
A total of 17 arrests were made for suspicion of drunk driving at two checkpoints in Orange County in the city of Garden Grove over the weekend before Christmas. Police have impounded 38 vehicles for drunk driving to include drivers who were driving without a valid license.
California Vehicle Code 23152(a) [VC 23152 (a)] prohibits any person from driving under the influence of alcohol or drugs. Note that an amount of drugs is not specified so any amount of drugs or alcohol that impairs one driving as determined by the arresting officer and/or eventually a jury, can cause one to be convicted of that crime. Drugs can include prescription drugs taken as directed! This is distinct from California Vehicle Code 23152 (b) [VC 23152 (b)] which prohibits driving a vehicle with a blood alcohol level over 0.08. The driver must be at or over the legal limit for vehicle code section 23152 (b) to apply. Also, it only applies to drivers under the influence of alcohol. A first time DUI carries a maximum sentence of 6 months in jail and a $1500.00 fine; however, most first time DUI offenders do no jail time as long as there was no accident or other aggravating factor.
In order for a "stop" to be valid at a DUI checkpoint, the police must follow certain rules. If they fail to follow the rules the stop can be ruled invalid and the evidence collected excluded which can cause the case to be dismissed regardless of the blood alcohol level or other evidence. The Law Offices of William W. Bruzzo has substantial experience working with checkpoint/DUI cases.
California Vehicle Code Section 12500 (a) states: "A person may not drive a motor vehicle upon a highway, unless the person then holds a valid driver's license issued under this code, except those persons who are expressly exempted under this code."
Driving without a valid driver's license in California is a "wobbler" - meaning, depending on the circumstances, prosecutors can charge this offense as a misdemeanor or infraction. The police can charge you with a violation of this vehicle code section for any of the following: (1) never obtaining a driver's license, (2) failing to renew your driver's license after expiring, (3) failing to obtain a California driver's license after establishing residency, or (4) being ineligible for a drivers license in this state (for example, being an illegal immigrant).
The main factor that prosecution looks at in deciding whether to charge you with a misdemeanor or an infraction is your driving record. If this is your first offense or if you subsequently obtain a valid driver's license, they may charge you only with the infraction or even go on to dismiss the case with the help of an experienced criminal defense attorney.
One can receive up to six months in jail for the above misdemeanor offense as well as informal probation for up to three years and a maximum fine of $1,000.
As the New Year Holiday begins, remember don't drink and drive, use a designated driver. Happy New Year!
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
The discussion regarding legalizing marijuana and dispensaries in LA County continues to be in the spotlight. With the number of dispensaries growing in the county the debate of the impact of such establishments on the community is growing as well. There is the side that argues marijuana proves to be useful for managing medical conditions that involve pain. It has also been suggested that there is a significant amount of revenue the state could gain from legalizing pot (as well as a way to address the state fiscal crisis while not raising taxes). With more then four thousand signatures currently, a petition has been circling in order to add the issue to the November 2010 ballot. Federal policy has shifted for certain aspects of possession of a limited amount of marijuana, refocusing efforts on other fronts of the illegal drug trade instead. California voters could vote to allow local authorities like cities and counties to draft their own laws regarding medicinal marijuana. (See Health and Safety Code Section 11357(a, b), [H&S 11357(a), (b), Health and Safety Code Section 11358, [H&S 11358], Health and Safety Code Section 11360(a, b), [H&S 11360].
Here is KCAL9 News reporting recently on the Los Angeles City Council's decision to delay a medical marijuana dispensary vote until January 2010
Criminal Law Updates by the Law Offices of William W. Bruzzo, Orange County Criminal Defense (714) 547-4636
Bubba, an award-winning bulldog, was stolen last week on December 15th in Santa Ana, Orange County. The owners are offering a $2,000 reward for anyone who can return their prized possession.
California Penal Code Section 487e states: "Every person who feloniously steals, takes, or carries away a dog of another which is of a value exceeding four hundred dollars ($400) is guilty of grand theft." Bubba recently won second place in the Eukanuba dog show in Long Beach; he has been micro chipped and is worth more than $10,000. "I bring him out every day to work because he is kind of like my little kid," the owner said. "He's not only a show dog, but he's like my little baby." Grand theft is punishable under Penal Code Section 489 by imprisonment in a county jail not exceeding one year or in the state prison.
In Bubba's case, an employee accidentally left a door open and the bulldog wandered out of the building. Witnesses told the owner that two men about 20 years old cut across three lanes of traffic in their car to lure the dog inside. The Law Offices of William W. Bruzzo represent individuals accused of all crimes to include grand theft, Penal Code Section 487(a).
This news video courtesy of KABC-TV Los Angeles:
Criminal Law Updates by William W. Bruzzo (714) 547-4636
Steven Burky, age 37, was arrested December 14, 2009 for stalking Jennifer Garner and violating a restraining order protecting the family. Jennifer Garner's stalker was arrested in Santa Monica outside Violet Affleck's school. At his arraignment, Burky pleaded not guilty on two counts of felony stalking and two misdemeanor counts of violating a court order. The judge ordered him to stay 500 feet away from Garner and her family if released.
Garner was granted a restraining order against Burky in November 2008 after she told the court she believed he posed a threat to her and her family. Garner said Burky had been stalking her since 2002. The order, which required Burky to stay 100 yards away from the family's cars, homes and schools, was set to expire in November 2011.
In California, a restraining order or civil harassment order, is available to victims being harassed by someone they do not have a domestic relationship with-- such as a friend, neighbor or even a stranger. If the victim has a domestic relationship with the person harassing them, then he/she should apply for a domestic violence restraining order instead.
A civil harassment order can last up to three years and may be renewed after that. A victim can qualify for a civil harassment order if the harasser has intentionally committed a series of acts which are frightening, annoying or harassing, and which have caused the victim substantial emotional distress. The harasser does not have to be related to the victim in any way, but the victim must be able to identify the person and find him or her to serve the papers.
A civil harassment order can order the harasser: to stay away from the victim, the victim's home, school, work or children's school; not to telephone or contact the victim; not to frighten, intimidate, annoy or harass the victim; not to threaten or make any physical contact with the victim; not to keep the victim under surveillance or follow the victim; and not to block the victim's movement in public places. It can also protect the victim's family or anyone else in the home from the harassment. Violation of the order is a crime. The Law Offices of William W. Bruzzo Petition and Defend Restraining Orders as well as defend against stalking charges (Penal Code Section 646.9).
Criminal Updates by the Law Offices of William W. Bruzzo (714) 547-4636
If you "Google" the phrase "shoplifting during the holidays" you will find hundreds of news items from across the country discussing how shoplifting increases during the holiday season. Not surprising, the number of shoplifting arrests increases as well. Here is video from WBKO which discusses how one major US retailer, TARGET, deals with shoplifters.
If you find yourself or a family member being accused of shoplifting (petty theft), remember retaining legal counsel is very important. Here is one client's experience.
"I was charged with Penal Code Section 488 (Petty Theft). I was alleged to have taken items worth $415.00 from a store without paying. I hired Attorney William W. Bruzzo to represent me in this matter. My most important concern was keeping my record clean. After I hired Mr. Bruzzo he made the appearances in court without my being present. Prior to my hiring Mr. Bruzzo I learned that he is extremely familiar with the District Attorneys in Orange County and this permits him to get better results for his clients. After Mr. Bruzzo made several appearances in court without my being present, he was able to negotiate a DISMISSAL with the District Attorney once I completed community service and other requirements. I truly believe that without Mr. Bruzzo's knowledge of the courts and the District Attorneys in Orange County I would not have had such a favorable result. I highly recommend Mr. Bruzzo for any Petty Theft or criminal matter." ~~ AL, May 14, 2009
Notably, while these charges usually concern "street drugs" like Cocaine and Methamphetamine they can also apply to substances commonly thought of as medications.
If you are found in actual possession of the drug or "constructive" possession of the drug you may be found guilty of the offense. Constructive possession means that the drug may not be on your person but you knowingly exercise control over or the right to control the drug, either directly or through another person or persons. In order for the prosecution to prove its case they must show that the person knew the substance was a controlled substance and that there was enough of the drug to constitute a usable amount.
In California this offense is a felony and you may face up to three years in prison. Here is a recent case result:
"I was charged with Health and Safety Code Section 11377(a)(Possession of a controlled substance HS 11377(a)a felony which carries a maximum of 3 years in prison. I had previous convictions for the same charge and I had similar charges pending. I was also charged with driving on a suspended license (Vehicle Code Section 14601.1 - VC 14601.1) and possession of paraphernalia (Health and Safety Code Section 11364 - HS 11364(a)) as misdemeanors. I hired Mr. William Bruzzo because he was recommended by another attorney and because of his familiarity with the Orange County courts and the District Attorney. The original offer prior to hiring Mr. Bruzzo was 180 days in jail and pleading guilty to a felony. Mr. Bruzzo convinced the District Attorney there was not a useable amount of the controlled substance and that my driving on a suspended license was justifiable by Necessity, even though I had priors [convictions] for [that charge] too. Mr. Bruzzo got the possession charge DISMISSED [Health and Safety Code Section 11377(a) - HS 11377(a)]and the Vehicle Code Section 14601.1 [Driving on a suspended license - VC 14601.1] DISMISSED. I pleaded guilty to one count of possession of paraphernalia as a misdemeanor [Health and Safety Code Section 11364(a) - HS 11364] and I got CAL TRANS [instead of jail]. I would enthusiastically recommend Mr. Bruzzo for any possession of a controlled substance case or any criminal matter." ~~ CK, December 9, 2009
The Santa Ana Police Department(SAPD) is able to connect crimes and their perpetrators by using ballistic imaging. The equipment and training is provided by ATF, the Alcohol Tobacco Firearms and Explosive. This system compiles ballistics images of firearm cartridges linked to crime scenes. After creating a digitalized image from a gun confiscated by SAPD that image is compared to previously collected crime scene evidence. The markings on a gun cartridge are made by one specific gun, similar to a fingerprint, linking that particular gun to other incidents where matching cartridges were found. There is always the possibility that the same gun was used in various incidents but it does not mean that the same person was responsible in all cases. Low level crime circles can easily sell a gun to get quick cash or simply let others use it for a short period of time. What is possible is that whoever had it at the time of confiscation might know something about previous owners creating a chain of connection between people and eventually leading to the perpetrator of the crime. The Law Offices of William W. Bruzzo has previous experience with ballistic comparisons in criminal cases.
Misusing a California Handicap Parking Placard has always been punishable with a fine, but did you ever think about facing a $1000 fine and also being charged with petty theft? What many people forget is that not only does the California handicap placard allow you to park in convenient spots, you are also allowed to park free of charge. Imagine the revenue dollars that go uncollected via this mode of theft. On January 1, 2010, a new law will go into effect in California AB144 Handicap Placard Misuse, an act to amend Section 1465.6 of the Penal Code, and to amend Sections 22511.57 and 42001.13 of the Vehicle Code, relating to vehicles. Recently, the New York Times had an interesting article about AB144 "In California, a Fight Against Faux Disabilities and Fake Permits."
As January 1, 2010 approaches, we invite you to view an
Informational Video on Suspected Placard Abuse video and read a testimonial from one of our clients who was accused of misusing a stolen handicap placard.
"I was charged with Penal Code Sections 496 (Receiving Stolen Property) and 485 (Petty Theft of Lost Property). I was alleged to have received a stolen handicap parking placard and unlawfully appropriating it for my own use. I hired Attorney William W. Bruzzo to represent me in this matter. My most important concern was keeping my record clean as I am planning on becoming a teacher some day. After Mr. Bruzzo made several appearances in court without my being present, he was able to negotiate a dismissal with the District Attorney once I completed a class. I truly believe that without Mr. Bruzzo’s knowledge of the courts and the District Attorneys in Orange County I would not have had such a favorable result. I highly recommend Mr. Bruzzo for any Petty Theft or criminal matter." ~ RC, August 7, 2009
In today's economic environment many people are seeking employment and new career paths. Oftentimes job seekers are surprised to learn that prospective employers will not only secure a credit report on the applicant, but also a criminal record report. Employers become very selective and may never give an applicant a second glance if a criminal record exists. Your criminal record impacts your employment possibilities. Here is an interesting article from the Wall Street Journal.
If you have a criminal record, no matter how old you were at the time of the conviction, there are three different legal methods for cleaning up your criminal record. The first is an Expungement; the second is a Certificate of Rehabilitation; and the third is a Pardon.
Here is a real-life example of one client's experience when a past criminal record threatened to impact securing a state license for a new career.
CERTIFICATE OF REHABILITATION (California Penal Code Section 4852.01 and sequential)
"I was convicted of the criminal charge concerning conspiracy to sell a controlled substance under Health and Safety Code Section 11352 over 20 years ago in an Orange County Superior Court. I was sentenced to three years of formal probation, which I successfully completed, with a suspended state prison term of five years. I was 26 years old at the time and this has been the only criminal offense on my record. I applied to the Respiratory Care Board of California to become licensed as a respiratory therapist, but my application was denied as a result of my criminal record. This cut my salary in half. I was informed that to "clean" my record, I had to do an Expungement, Certificate of Rehabilitation and Pardon. A Certificate of Rehabilitation is the second step toward a Pardon. Mr. Bruzzo filed a Certificate of Rehabilitation on my behalf, which was GRANTED. Because it was granted, the Certificate of Rehabilitation became an automatic Pardon application. Mr. Bruzzo's legal knowledge and experience truly benefited me in my case." ~ GA Date:11/10/09
Every hit and run case will have a slightly different outcome for the accused. Seeking legal representation or not can mean the difference between home confinement versus prison for a hit and run violation. Today we bring you a new testimonial from our client accused of four felony counts and facing a five year prison sentence.
"I was charged with felony hit and run (Vehicle Code Section 20001(a)) and three additional counts of felony reckless driving (Vehicle Code 23105(a). [Maximum Prison time of 5 years] I was alleged to have driven in a reckless manner injuring my four passengers and then left the scene. The District Attorney initially wanted to send me to prison. I hired Attorney William Bruzzo to represent me in this matter as I know he is an excellent attorney who fights for his clients. Mr. Bruzzo fought very hard for me with the result that I got the felony hit and run (Vehicle Code Section 20001(a) DISMISSED; I pled guilty to one count of reckless driving (Vehicle Code Section 23105(a) and I was permitted to do my time on home confinement. This was a very good result and I am very grateful to Mr. Bruzzo. I would enthusiastically recommend him for any criminal matter." ~~ KA 11/13/2009
16-year-old Marco Antonio Perez was sentenced on October 23, 2009, to a minimum of 50 years in state prison for a 2006 shooting that left two rival gang members dead and a third in a coma.
A jury in adult court found Perez guilty of two felony counts of special-circumstances murder for the benefit of a criminal street gang, one felony count of attempted murder and one felony count of street terrorism.
Perez was prosecuted as an adult for the execution-style shooting that took place in Santa Ana when he was 14 years old. Victims were ages 14, 15, and 16. Two other members of his gang have already been sentenced to multiple life sentences and the other three are awaiting trial.
Juveniles, or minors under the age of 18, can be prosecuted for any of the same crimes for which adults can be prosecuted. So, a child who is 14 years old can be tried in adult court for some serious crimes such as murder and attempted murder, setting fire to a building with people in it, robbery with a weapon, rape, kidnapping or carjacking, crimes with guns, drug crimes, and escaping from a juvenile detention facility without a hearing before a juvenile judge. Prop 21, which was passed in 2000, allows prosecution to direct file without a juvenile court judge making the determination as to whether the minor should remain in juvenile court or be transferred to adult criminal court. Only an experienced criminal defense attorney can then examine the possibility of transferring the minor from adult criminal court back to juvenile court for sentencing under the Reverse Remand Law, Penal Code Sections 1170.17 and 1170.19. The Law Offices of William W. Bruzzo has represented many Defendants to include juveniles charged with gang offenses (Penal Code Section 186.22)
Criminal Law Updates by Law Offices of William W. Bruzzo (714) 547-4636
If you google or search the term "hit and run" you will find numerous reports regarding current cases in the news. Most of these cases are serious. They involve major property damage, personal injury or death. A few cases may involve celebrity figures as the alleged driver or injured party. Given the potential seriousness of a hit and run, you might be surprised to learn that some hit and run cases can be dismissed. In some instances an arrangement can be made where the client pays the injured party with the agreement that the injured party declare themselves satisfied and no longer want prosecution. Then, with the Judge and the District Attorney's agreement the case can be dismissed! This is called a civil compromise.
Here is a testimonial of one client's family member...
"A Member of my family was charged with hit and run as a misdemeanor (Vehicle Code Section 20002) which carries a maximum sentence of 6 months in jail and a fine of $1,000.00; he was also charged with reckless driving (Vehicle Code Section 23103) which carries a maximum of 90 days in jail and a $1,000.00 fine. These charges arose when he struck two other cars in traffic and fled the scene. We hired Mr. Bruzzo while the police were still investigating the crime and before the matter went to court. Mr. Bruzzo acted as our liaison with the police and he instructed us that all communication should go through him. When the matter finally went to court Mr. Bruzzo appeared in court without us and began negotiating the matter with the District Attorney. Mr. Bruzzo also began speaking with the victims in the case. In the end Mr. Bruzzo was able to negotiate a disposition wherein the victim(s) accepted a certain amount of money and the District Attorney agreed to DISMISS THE CASE. I am truly grateful to Mr. Bruzzo for his representation in this matter as it spared my family member possible jail time and a conviction. I would enthusiastically recommend Mr. Bruzzo for any criminal matter." ~~PP January 13, 2009
If you were an avid fan of Seinfeld or if you enjoy watching syndicated Seinfeld reruns, then you will probably remember the famous episode called "The Bookstore." This is episode 173 from the 9th season, which aired originally April 9, 1998. Like all Seinfeld episodes, this episode had numerous plotlines, but who can forget when Jerry discovers that Uncle Leo is shoplifting and even Jerry's parents defend Uncle Leo's behavior saying something like "it is not stealing, if you need it!" While we might laugh at this over-the-top sitcom, the truth is being accused of shoplifting is no laughing matter. And in California shoplifting is usually charged as petty theft.
Should you be arrested for petty theft in Orange County, California, be sure to seek legal counsel. William Bruzzo is the senior attorney in the Law Offices of William W. Bruzzo and he has been a practicing attorney since 1993. Here is one client's testimonial regarding being charged with petty theft and his case outcome.
"I was accused of petty theft [a violation of Penal Code Section 484(a)-488 a misdemeanor] and told to appear in the Orange County Superior court. It was alleged that I took an item from Sears without paying for it.
I hired Mr. Bruzzo because of his years of experience in the Orange County courts and his familiarity with all the District Attorneys. I knew that only a lawyer practicing in Orange County for quite some time would be able to get me the result I desired.
I am a nursing school graduate and have hopes of becoming a licensed nurse one day. The criminal charges against me were keeping me from pursuing this dream. Any conviction for a theft offense could have resulted in the end of my career. Thankfully, Mr. Bruzzo was able to get me a complete DISMISSAL after just a few court appearances. All I had to do was complete a short class and give a DNA sample. Mr. Bruzzo took care of everything from the beginning to the end. Thanks to him, my record is clean.
I am happy to recommend Mr. Bruzzo to anyone facing a criminal charge, especially petty theft." ~~ MO, June 5, 2009
Have you ever been involved in a hit and run accident? Have you ever witnessed a hit and run accident and wondered what to do? A hit and run occurs whenever there is an accident and the individual leaves the scene of the accident without exchanging information with the person they hit or contacting the police. Notably, even if you hit an innate object like a lamppost or a guardrail you should make a telephone report to the police to advise them of what occurred.
If you are accused of a 'hit and run', then you should seek legal representation. Mr. Bruzzo has been successful in defending hit and run cases in Orange County CA. Here is one client's experience.
"I was charged with three counts of hit and run (Vehicle Code Section 20002) for striking three different vehicles 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. I would enthusiastically recommend Mr. Bruzzo for any criminal matter." ~~RV 08/12/2009
Many times when we are watching television news or a crime drama we hear the phrases petty theft or grand theft. In most states the value of the stolen item(s) will determine what crime will be charged. In California the most common theft charge is Petty Theft (Penal Code Section 488); this can only be charged as a misdemeanor. It carries a maximum of 1 year in jail. Generally speaking if the item(s) stolen are $400.00 or less then the matter can be charged as a Petty Theft. But you need to understand: A PETTY THEFT VIOLATION WITH A PRIOR PETTY THEFT CONVICTION CAN CAUSE THE NEW CASE TO BE FILED AS A FELONY AND THE CLIENT SENT TO STATE PRISON.
Here is a testimonial from one person who was charged with petty theft in Orange County, California.
"I was accused of petty theft [a violation of Penal Code Section 484(a)-488 a misdemeanor] and told to appear in the Orange County Superior court. It was alleged that I took an item worth over $300.00 from a store without paying for it. The maximum jail sentence for this crime is 6 months in jail. I hired Mr. Bruzzo because of his years of experience in the Orange County courts and his familiarity with all the District Attorneys. I knew that only a lawyer practicing in Orange County for quite some time would be able to get me the result I desired. In addition, as I am not a citizen there would have been serious immigration consequences for me if I had been convicted of this crime. Mr. Bruzzo went to court several times in an effort to negotiate my case. Thankfully, he was able to get me a complete DISMISSAL after just a few court appearances. All I had to do was complete a short class and give a DNA sample. Mr. Bruzzo took care of everything from the beginning to the end. Thanks to him, my record is clean.
I am happy to recommend Mr. Bruzzo to anyone facing a criminal charge, especially petty theft." ~~ RT August 13, 2009
On September 30, 2009--the eve of Domestic Violence Awareness Month, President Obama remarked how this violent epidemic "touches the lives of Americans of all ages, leaving a devastating impact on women, men, and children of every background and circumstance."
This month is Domestic Violence Awareness Month. Two different California code sections explain domestic violence. Under Penal Code 243(e) (1), domestic violence occurs when a person purposefully touches his/her partner in an offensive or angry way. A partner is defined by the code as your current or former spouse, your fiance/fiancee, someone you have lived with or currently live with, someone you have dated or are currently dating, or your child's parent. If an injury results from the contact, then one can be charged under Penal Code 273.5(a) - Corporal Injury on a Spouse. In addition to fines and jail time, a person must also complete a one year batterer's treatment program if convicted on one of the above offenses.
However, if you are charged with a domestic violence offense, there are some defenses available to you that an experienced criminal defense attorney can explore. A person accused of domestic violence can claim the defense of self-defense. Self-defense occurs when a person uses force against another because they reasonably believe that they are in imminent danger of bodily injury or that someone else is in imminent danger of bodily injury and that they must use force to protect them. The person using the force must not use more force then is necessary to defend against the danger. Another defense available to people in domestic violence situations is that of mutual combat. This defense allows the first person who used violence to claim self-defense if: (1) He/she in good faith tries to stop fighting; (2) He/she indicates in a way that a reasonable person would understand that he/she wants to stop fighting and he/she actually stops fighting; (3) He/She gives opponent the opportunity to stop fighting. If the District Attorney finds that the defendant acted in self defense as described in the two situations above then the case may be DISMISSED. Similarly a jury can find the Defendant NOT GUILTY on the same grounds. Criminal Law Updates by Law Offices of William W. Bruzzo. The Law Offices of William W. Bruzzo represent Defendants charged with Penal Code Sections 273.5 and 243(e) (1).
In California a common charge involving assault is Assault with a Deadly Weapon (Penal Code Section 245); if a person points a gun (or other dangerous weapon) at another person then he can be charged with assault with a deadly weapon. Even if the gun was not loaded and even if the person holding the gun had no intention of using the gun he can still be charged if the victim was in reasonable fear as a result of the person pointing the gun at him. Below you will read a recent testimonial received by William Bruzzo, an Orange County Criminal Attorney who defends aggravated assault cases.
"I was charged with Aggravated Assault/ Assault with a deadly weapon (Penal Code Section 245(a) (1)) with an enhancement for inflicting great bodily injury (Penal Code Section 12022.7(a); I was also charged with Battery with serious bodily injury (Penal Code Section 243(d)) also as a felony. I could have gone to prison for 5 years on this case and had a strike on my record. I hired William W. Bruzzo to defend me in this matter because I know he is an experienced attorney familiar with the courts, the judges and the district attorneys in Orange County. I believed I was innocent of the crime and that any action I took against the victim was in self defense. Mr. Bruzzo negotiated with the District Attorney and eventually set the matter for trial. On the day of trial the felony charges against me were DISMISSED. I pled guilty to a misdemeanor. That misdemeanor was also dismissed after one year and completion of Cal Trans. I never received any jail time. Mr. Bruzzo managed to get the most serious charges against me dismissed without risking a trial and without the additional expense. I would enthusiastically recommend Mr. Bruzzo for any criminal matter." ~ T.O. 10/23/09
The LA Times and Orange County Register report that the Orange County crime lab and new DNA database will be reviewed in order to examine if there is a level of bias and to check productivity. John Moorlach a member of the Board of Supervisors commented that "if we're doing all right they way it is, that's great to know". The Sheriff, District Attorney and County Executive Officer are in charge of the crime lab. The District Attorney is in the processes of compiling its own DNA database which it sends to a private laboratory. The DNA is being collected from non-violent offenders as part of their dismissal deal. The idea is that if the person becomes a repeat offender any evidence gathered at a crime scene can then be compared to the database and provide a future match. The District Attorney has also presented a plan to the Board of Supervisors for a DNA collections vehicle which can be used during emergency situations. After a disaster the DNA can be used to identify victims the DA explains. The review coincides with a report from the National Academy of Science which discusses the potential bias of the crime lab since it is run by a police agency.
Some defendants hesitate and even request to be excluded from this DNA requirement. However, the majority of Defendants benefit as they usually receive a dismissal if the District Attorney and the Defendant's attorney negotiate an agreement whereby the Defendant will submit DNA. Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636. Mr. Bruzzo represents defendants on all criminal law matters to include Penal Code Section 488 (Petty Theft), Vehicle Code Section 20001(a) (Hit and Run) and Health and Safety Code Section 11377(a) (Possession of a Controlled Substance).
Domestic Violence occurs when one person physically strikes another person without consent and the two people are married, in a dating relationship or otherwise romantically involved. This crime can be charged as a misdemeanor or a felony. If charged as a misdemeanor the maximum jail time possible is one-year. If charged as a felony the maximum jail time could be as much as 4-years. In these cases it is important that the accused have a basic understanding of the domestic violence California Penal Code Sections 243(e)(1) and 273.5).
Here is a testimonial from one of Mr. Bruzzo's clients:
"I was charged with Penal Code Section 273.5 [Domestic Violence]; a conviction of this crime could have caused me to spend up to 1 year in custody. I hired William W. Bruzzo to represent me in this matter because he is familiar with the Courts, the Judges and the District Attorneys in the County of Orange. My case was considered aggravated because two witnesses observed me punching the victim multiple times. Mr. Bruzzo told me that a conviction for a violent act such as this would have been detrimental to my record and therefore my future. He worked hard to get the charge changed. In the end he had the charge reduced to a Penal Code Section 415 [Disturbing the Peace]. The Domestic Violence Charge was dismissed. I truly believe that without Mr. Bruzzo's familiarity with the Orange County Courts and the law I would not have received such a good result. I would enthusiastically recommend him for any criminal matter." ~ NS 9/28/09
As reported by the Associated Press, Deputy Attorney General David Ogden released a policy memo that outlines suggestions for state attorneys regarding prosecution of medical marijuana users and distributors. Federal law does not allow marijuana to be sold or used for medical purposes even though various states do, California among them. The memo suggests that state prosecutors would make better use of their time by not focusing on prosecuting legitimate marijuana patients or the dispensaries in states that have legalized marijuana for medicinal purposes. This memo was also distributed to the higher rungs of the Drug Enforcement Agency and FBI.
This policy does not prohibit federal agents from making arrests nor does it stop prosecutors from filing charges. The memo draws attention to illegal usage and distribution, or marijuana cases connected to other violations such as money laundering or illegally armed people. One reason for the shifting focus is because of the limited resources the federal agencies have. The article quotes Attorney General Eric Holder "[i]t will not be a priority to use federal resources to prosecute patients with serious illnesses or their caregivers who are complying with state laws on medical marijuana...". It would appear then that medical marijuana users and providers in California will be less likely to face prosecution from federal authorities. (See California Health and Safety Code Section 11357(b)). Criminal Law Updates from the Law Offices of William W. Bruzzo (714) 547-4636
