On April 25 2009 two motorcyclists were on the 241 Toll Road in Orange County going over 100 mph after midnight. One of the motorcyclists Blaise Aaron Meadows crashed into an Alpha Romeo, the driver Andrew Parker later died due to blunt force trauma. Meadows was taken to the hospital while the other motorcyclist Daniel Cody Burkett left the scene. Meadows pled guilty to one felony count of vehicular manslaughter (Penal Code Section 192) and will be sentenced on July 30, 2010. Burkett will be arraigned on February 16 and is being charged with one count vehicular manslaughter by unlawful act, gross negligence (Penal Code Section 192), one misdemeanor count of reckless driving (Vehicle Code Section 23103) and a sentencing enhancement for fleeing the scene of a crime. The sentencing enhancement adds more time to his prison term but is not considered a charge. The gross negligence specification to the vehicular manslaughter charge could be for driving over 100mph.
Criminal Law Updates by 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.
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"
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.
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
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
Remember Jeffrey Woods? He was the guy who caused an accident which killed 14-year-old Danny Oates as he was riding his bike in Orange County, California. On December 11, 2009, I was present at his sentencing as Orange County Superior Court Judge Marc Kelly ordered Woods to serve six years in state prison for the crime of vehicular manslaughter (Vehicle Code Section 192.5) with gross negligence while intoxicated. Apparently, Woods had been on his cell phone sending text messages while driving under the influence of two prescription drugs when the accident happened. The case was the Orange County District Attorney's Office first prosecution of a felony manslaughter jury trial that involved text messaging.
The judge told Woods, "What caused this accident was your selfishness, your careless indifference for human life." Despite the judge's harsh words, he refused to give Woods the maximum sentence of 10 years as he had no criminal history before the fatal crash which took place on August 29, 2007. Woods' own father told the judge that his son "deserved prison time" because he needed to be held accountable for his actions. Bob Woods further extended his sympathies to the Oates family, saying: "We haven't gone an hour without thinking of you guys."
Friends and family on both sides spent more then two hours during the sentencing telling the judge how Danny Oates' death has not only changed their lives but their community. It was a tearful room with Kleenex being constantly passed around.
Jeffrey Woods' neighbors, friends and former teacher said he was a kind and compassionate man who helped others and had no malicious bone in his body. Woods was also sentenced to three years parole, had his driver's license revoked for three years and will be required to pay $28,000 in restitution to the Oates family.
This video is provided by FOX 11 News:
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
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
A red-headed 12-year-old boy was assaulted in Los Angeles on November 20th because of a Facebook message declaring Friday as "Kick a Ginger Day." A "ginger" is a label for someone with red hair, fair skin, and freckles. A group of seventh and eighth graders at A.E. Wright Middle School in Calabasas beat up the red-headed student on two occasions in the same day. A "South Park" episode that focused on prejudice against "gingers" is said to have ignited the Facebook message. Lieutenant Richard Erickson said the boy was "accosted by seventh- and then eighth-graders" and was "kicked and hit with fists in various areas of the body." Fortunately, the 12-year-old did not suffer any serious injuries.
Detectives are investigating the incident as a possible assault with a deadly weapon. California Penal Code Section 245(a) (1) defines this serious crime. The law states: "Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment." Notably, a vehicle and almost any instrument that can be held in the hand and even a person's foot can be deemed a "weapon" for the purposes of this law.
Penal Code Section 245(a) (1) is applicable to adults as well as children pursuant to Welfare and Institutions Code Section 602. Under Welfare and Institutions Code Section 602 anyone under the age of 18 can be declared a ward of the court if they are alleged to have violated a penal code section. They are then prosecuted in the juvenile court.
