In an effort to curb state spending and move toward greater efficiency in inmate healthcare, Gov. Schwarzenegger is proposing to have the University of California provide medical attention to state inmates. This move would could save California $300 billion this year alone according to the Los Angeles Times article. In order to reduce spending the new system would include electronic record keeping that can be easily accessed by doctors, buying medicines in bulk, and using video communication between doctors and inmate patients. The state would no longer send inmates to community hospitals instead the prisons would send their inmates to hospitals designated under the plan. Some details still have to be worked out with worker's unions for current employees that might have to be let go or work within the new system. Also, any concerns lawmakers or federal judges may have still need to be considered. Oversight of the prison healthcare service would be removed from federal judges and taken on by the University of California. A state agency comprised of governor appointees, federal court representatives, and correctional administrators would check the UC and make sure care and spending are appropriate.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Former Orange County dentist Tony Protopappas convicted of second-degree murder in 1984 has been granted parole by an appellate court. He was convicted for the deaths of three women he had as patients at his Costa Mesa dentistry office. They died from a high dosage of anesthesia. His attorney acknowledges that there are some possible road blocks: the Attorney General office could appeal the decision or Governor Schwarzenegger could change the ruling. His attorney Richard Pfeiffer had told the court that the deaths were when Protopappas was a dentist and that he would no longer be practicing dentistry or administering anesthesia therefore he was not a threat to society. Deputy Attorney General Amy M. Roebuck argued that Protopappas' "drug and alcohol use contributed to his negligence" and that he had not fully accepted responsibility for the deaths. Mr. Protopappas served 25 years of a life sentence.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
A Huntington Beach High School student, in Orange County California, was arrested March 3, 2010 on two felony charges for possessing an imitation bomb (Penal Code Sections 12301, 12303, 12303.2, and 12303.3) and making criminal threats (Penal Code Section 422). Police were called to the school after a "suspicious" device was found in the student's backpack. Ultimately, the device was found not to be dangerous and the student explained it was simply a prop for a movie he was going to shoot after school. However, students were evacuated to the football stadium and back parking lots and were then dismissed from school for the rest of the day. The suspected student's home was searched pursuant to a search warrant and evidence was seized resulting in the student being booked at Orange County Juvenile Hall. After police investigation, the school will consider its own disciplinary action. The student's name or record will not be released since he is a juvenile whose discipline file is also confidential. Mr. Bruzzo practices only criminal law to include juvenile criminal law. Notably, these charges can also be misdemeanors. (Welfare and Institutions Code Section 602).
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Here is a March 3rd video from KABC-TV Los Angeles, CA ABC7.com
Eamonn Daniel Higgins has been charged with conspiracy to commit visa fraud for attending ten different schools in Southern California on behalf of dozens of foreign students. The students, mostly from the Middle East, would pay him to sit in class, take exams and write their papers so their visas would stay in effect. They paid as much as $1,500 for course assignments and finals. The special agent in charge of investigations said that this was a "really sophisticated" scheme-- something they'd never seen before. Higgins carried on his plan from 2002 to 2009 and even had employees working for him. Authorities were first made aware of his actions when a wallet was found with seven fake California driver's licenses, all with a photo of Higgins' nephew. Higgins now faces up to five years in federal prison and the 16 students who had hired him have also been arrested and face criminal and immigration consequences.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Here is a video from the Orange County Register's ocvarsity.com
Last week Michael Oren gave a speech at University of California, Irvine in Orange County, California, describing the issues he faced as Israeli ambassador. His speech was interrupted multiple times from members of the audience that did not agree with him. A video posted online showed the interruptions occurring roughly every ten minutes. Professor Petracca of the Political Science department expresses his impatience with the outbursts and called out "Shame on you!" when he took the podium to control the ruckus caused by the interruptions. He told the audience that this behavior is not appropriate for University of California students. The spirit of the event as explained by Professor Petracca and Chancellor Drake was to provide a forum for an exchange of ideas and discussion on the Middle East situation. They said that a better way for the UCI Muslim Student Union (the group expressing their dissatisfaction with the speaker) to express their disagreement would be by presenting the ambassador with questions at the end of his talk. University officials were likely embarrassed by the students' conduct. The MSU has put on its share of displays on campus denouncing Israeli occupation and their tactics and the tolls it takes on the Palestinian community. Indubitably the University would have preferred picketing outside the speaking venue. Yet it's important to remember that a marginalized group may feel that working within the accepted modes of expression is not effective. The outbursts managed to successfully interrupt Oren from talking, but did not communicate any counter point. Some people present complained that UCI should have taken better measures to control the crowd and that the outbursts made UCI look bad. Notably, as soon as a person yelled out they were escorted out of the auditorium. The position that UCI takes on the incident is that expression is permitted within certain limits dictated by place and time. It is unclear if the students will be charged criminally. If they are they can be charged with disturbing the peace under Penal Code section 415 (2); this penal code section prohibits using "loud and unreasonable" noise. Despite the strong protection of Free Speech in the U.S. Constitution it does appear that the manner in which the students sought to protest the ambassador fell outside the protection of the constitution.
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:
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
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:
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
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
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
As the holidays are upon us now is a good time to consider the effects of drinking and driving and how you can avoid an arrest or causing an accident. My experience comes from 15 years of legal representation.
Even though the legal limit in California and many other states is a 0.08 blood-alcohol level most forensic toxicologist (folks who study the effect of alcohol on the body) will say that alcohol really starts to effect people at the 0.05 blood-alcohol level. Almost half of the legal limit! Under California Law even if you are under the 0.08 level you can still be prosecuted for driving under the influence if it can be shown that alcohol in your system impaired your driving. Some people can suffer physical impairment from alcohol at levels lower then other people. While it is important to know your limits it is much more important to count the number of drinks you have ingested over a particular time frame so nothing is left to chance. What follows is a general guide for deciding based on your weight, number of drinks and amount of time, whether you should drive.
First we have to start with ground rules: (1) a 12 ounce beer, a shot (normal size) and a 4 ounce glass of wine all have the same amount of alcohol and will effect you almost entirely the same; (2) every hour your body will burn off the equivalent of the alcohol in a 12 ounce beer, a shot or a 4 ounce glass of wine through the natural metabolism process of the body. That is, your body will naturally eliminate one of each of those amounts of alcohol about every hour. We get drunk when we drink in excess of what our body can eliminate in a given time frame.
The best way to illustrate how much we can drink is to use examples. Remember, these are approximations but they give a pretty good idea of when you may be intoxicated for driving.
(1) First subject: 110 lbs person (man or woman does not matter) drinks 2 twelve ounce beer starting at 7:00 p.m. and finish drinking both beers at 7:45 p.m. What is the person's blood alcohol level at 8:00 p.m.? If you weigh around 110 lbs every alcoholic beverage you ingest will peak at a blood alcohol level of about 0.03 when the beverage is fully absorbed and before elimination. So by 8:00 p.m. that first beer will have been fully absorbed and eliminated from the body, which will leave one beer still in the system and thus the person will have a blood alcohol level of about 0.03.
(2) Second subject: 190 lbs. person drinks 3 twelve ounce beers and 3 shots of tequila (6 drinks total) starting at 7:00 pm and finishing the last drink of alcohol at 7:45 p.m. What is the person's blood alcohol level at 8:00 pm? If you weigh 190 lbs one twelve ounce beer or shot will raise your blood alcohol about 0.02. So by 8:00 p.m. one of the drinks will have been eliminated which means there are still five drinks in the system which means the individual's blood alcohol level will be approximately .08-.10. This level is over the limit of course and many forensic toxicologists will say that driving may be impaired at 0.05. or about half that amount.
The elimination of alcohol varies from person to person so the rate for one person may differ slightly from another. Also, if you are unsure of how many drinks you have then waiting an hour before driving will eliminate one drink. Be safe out there!
DUI checkpoints were determined to be legal by the United States Supreme Court; however, there are strict guidelines which must be followed. In California, many drivers do not know about these rules. For example, police must use a neutral mathematical formula, such as every driver, or every third, fifth, or tenth driver to determine who to stop. So an officer may not stop an individual driver without a legitimate basis. Furthermore, police operating DUI checkpoints may only detain each driver long enough to question him/her and look for signs of intoxication, such as alcohol on breath, slurred speech, and glassy or bloodshot eyes. If the driver does not display signs of impairment, he/she should be permitted to leave without any further delay. If the driver is ordered out of the vehicle and asked to perform a field sobriety test (i.e. walking in a straight line, touching your nose or reciting the alphabet), he/she may refuse. The officer may also ask to search the car. The driver may refuse that request as the officers do not have legal grounds to search the car. Many times, officers don't follow all the rules. In such instances, the stop may be considered illegal, and any evidence establishing the crime of driving under the influence may be thrown out. The California case controlling this area is Ingersoll v Palmer 241 Cal. Rptr. 42 (Cal. 1987).
However, if impairment is observed, then the driver may be taken to a separate area for field sobriety tests and further investigation, which must be based on probable cause.
In Orange County, the Garden Grove and Santa Ana police departments conducted DUI checkpoints from 7 p.m. Saturday to 3 a.m. on Sunday, December 13, 2009. The checkpoints were planned for Westminster Avenue near Enterprise Drive and Susan Street. Officials say there have been many fatal collisions involving drunk drivers on Westminster Avenue. The California government website reports that "early 23,000 people are killed every year in alcohol-related traffic collisions" and "one American life is lost every 22 minutes in an alcohol-related traffic collision." Officers also look for those driving without a valid license. The checkpoints focused on drivers who have been drinking alcohol, using illegal drugs or abusing prescription medications while driving.
So please be weary of DUI checkpoints when you're out on the road, as the consequences for a DUI can be very serious. This can include license suspension, high fines and possible jail time. Most importantly, don't drink excessively-live to see the holidays next year.
Here is a Garden Grove TV3 News Video which covers the Garden Grove Police Department sobriety checkpoint on October 24, 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.
Across University of California campuses students have been protesting a 32% increase in tuition. According to the Orange County Register about 300 students protested at the University of California, Irvine in Orange County, California. Last week at UC Berkeley students had been arrested during protesting. Reportedly $800 million has been cut from state funding for the public university system. During a protest there are areas in which people cannot gather, for example blocking the entrance or exit of a building and blocking a public sidewalk. People arrested during this type of gatherings can be subject to violations of Penal Code Section 407 for unlawfully assembly which is a misdemeanor. They may also be arrested for a violation of Penal Code Section 602, Trespass. However, if the people occupy a space without blocking access or have a permit to gather then they are not in violation of the law. Similarly, if authorities ask protesters to disperse and they refuse then it's a violation of Penal Code Section 416 (assembly for purpose of disturbing the peace). If people refuse to leave officers may ask protesters to place there hands behind their backs and explain that they will place plastic ties on their wrists and be taken in. Some follow these instructions others simply remain motionless but do not resist either. They just lie there on their backs and the officer has to position the person to be cuffed and taken in. These individuals may be charged with the most serious of these sorts of offenses, Penal Code Section 148, which prohibits obstructing an officer or resisting arrest.
Here is a video taken at the UCI, where protesters were maced last month: (Warning Contains Some Graphic Language)
Criminal Law Updates by Law Offices of William W. Bruzzo (714) 547-4636
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
Two months ago, I was cited in Orange County for using my cell phone while driving. I was written up for a violation of California Vehicle Code Section 23123 and given a court date on which to appear. This Vehicle Code Section went into effect on July 1, 2008.
This law prohibits the use of handheld cellular phones while driving. However, a handheld cellular phone can be used during an emergency, to call the police, fire department or other emergency services.
A violation of this section constitutes an infraction, which is a petty violation of the law and is less serious than a misdemeanor. It is punishable by a base fine of twenty dollars for a first offense and fifty dollars for each subsequent offense. However, with the addition of penalty assessments, the fines can be more than triple the base fine amount.
The conviction appears on one's DMV driving record; however, the violation is not added as a point and therefore does not affect insurance premiums.
Today was the court trial for my citation. After the officer's testimony and presentation of all the evidence, the judge ruled I was NOT GUILTY of the above offense. I was able to show the court that I was not talking while holding my Blackberry in my hand. I demonstrated how my phone is specifically designed and configured to allow hands-free listening and talking through Bluetooth. The law specifically allows for the use of one's phone if it's through a hands-free medium. Therefore, I fit the exception and walked out with a NOT GUILTY!
30-year-old Fidel Galindo was arrested on October 22nd for attempting to break into an off-duty deputy's SUV in Laguna Niguel. The deputy chased Mr. Galindo down after seeing him near his SUV. When he finally caught up with him, he held him until Orange County Sheriff's Department deputies arrived.
Mr. Galindo was booked and is currently held on a $20,000 bail for attempted auto theft. California has two laws which address the theft of automobiles - Grand Theft Auto and Unlawful Taking/Driving of a Vehicle ("Joyriding"). Both may be charged either as a misdemeanor or felony depending on the facts of your case and if you have any similar prior convictions.
Penal Code 487(d) (1) defines grand theft auto (GTA) as intent to permanently deprive the owner of the vehicle. This offense is typically prosecuted as a felony and subjects you to anywhere from 16 months to four years in State Prison as well as up to $10,000 in fines. The second law, Vehicle Code 10851 ("Joyriding"), requires intent to temporarily deprive the owner of the vehicle. This offense is typically charged as a misdemeanor and subjects you to a maximum of 1 year county jail.
If Mr. Galindo had broken into the car before he stole it, he may additionally be charged with auto burglary under Penal Code 459. However, if an experienced criminal defense attorney can prove that you didn't intend to deprive the owner of his/her car, you can't be convicted of GTA or vehicle theft.
Criminal Law Updates by Law Offices of William W. Bruzzo (714) 547-4636
The San Francisco Chronicle reported, November 4th, that state court officials have recommended Los Angeles and San Diego counties as possible sites for the murder trial of former Bay Area Rapid Transit (BART) police Officer Johannes Mehserle.
Mehserle resigned as a police officer in Oakland, California, after shooting 22-year-old Oscar Grant, who was unarmed on January 1, 2009 at a train station. Mehserle has said through his attorneys that he intended to use his Taser to subdue Grant, but mistakenly fired his pistol instead.
The location of the trial is extremely important in the potential outcome of this case. There is likelihood for jurors to be affected by protestors who view the case as part of a pattern of police abuse against people of color-- Mehserle is white and Grant was black.
Potential jurors are randomly selected from a fair cross-section of one's community; typically from voter registration or drivers' license lists. Los Angeles and San Diego counties both have large jury pools that differ in certain respects. According to a 2008 survey by the U.S. Census Bureau, 53 percent of Los Angeles County residents are white and 9 percent are black. In San Diego, 73 percent are white and 5 percent are black. Hence, the location of this trial may determine the perspective of any potential juror and therefore effect the outcome of the case.
Grant's family would prefer the trial take place in Los Angeles, a county whose diversity more closely mirrors the Bay Area. Whereas, the defense wants the case to take place in San Diego because it is known to be law enforcement friendly, which could benefit them. The judge has set a date for November 19 for both sides to argue their case. A decision is expected shortly after.
Southwestern University law professor, Robert Pugsley, states: "Where you try the case, and who you have on the jury, has everything to do with the outcome." Had the OJ Simpson case been filed in Santa Monica rather than Downtown Los Angeles, the Simpson jury would have been mostly white instead of, as was the case, mostly African-American. With poll data showing that most whites believed Simpson to be guilty and most blacks believing him to be not guilty, the decision to file the case in Santa Monica may have been the biggest mistake the prosecution made. The exact same case--in Santa Monica-- could have gotten Simpson a conviction. Final jury for the OJ Simpson trial had 10 women and 2 men, of which there were 8 blacks, 2 Hispanics, 1 half-Native American, half-white, and 1 white female. Jury selection may be the most important part of a criminal trial.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
California was one of the first to adopt the Three Strikes Law in 1994 - the law which can send a repeat offender to prison for 25 years to life when he/she is convicted of a third strike.
The Three Strikes law significantly increases the prison sentences of persons convicted of felonies who have been previously convicted of two violent crimes or serious felonies, such as: murder, robbery of a residence in which a deadly or dangerous weapon is used, rape and other sex offenses, burglary of a residence and assault with intent to commit a robbery or rape and murder. Although the prior strikes have to be serious violent crimes, the third strike does not have to be such. So a person can go to prison for 25 years to life for shoplifting golf clubs if he/she already has two prior strikes.
California's counties tend to enforce the Three Strikes Law in different ways. Los Angeles County District Attorney Steve Cooley, who supports the law, almost never charges a nonviolent offense as a third strike. But just 100 miles north in Kern County, District Attorney Ed Jagels almost always does and explains, "I don't know one of these individuals who wouldn't have re-offended had he gotten a short sentence instead of a longer one."
District Attorney Jagels prosecuted a man who was arrested for stealing a pack of doughnuts worth about a dollar. Because this man had two strikes for robbery, he faced 25 years to life for the doughnuts. But it's highly unlikely that the doughnut guy would be prosecuted with a third strike in Los Angeles County. The Orange County District Attorney falls somewhere in the middle. They might allege a relatively minor offense as a third strike but then agree to remove it later as part of a plea deal so that the Defendant is not looking at a life sentence.
While Los Angeles District Attorney Cooley almost never charges a nonviolent offense as a third strike, he supports the three strikes law but just thinks it needs to be changed or it will not last. More than likely though, the three strikes law is unlikely to be changed anytime soon. It has become iconic in our state's criminal justice system-- "Three Strikes and You're Out."
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
As Angels' fans basked in a 4-run lead against the Yankees in the American League play-offs on Thursday night, October 23rd, there was a little more action off the field. Hoping to see Angels' left fielder Juan Rivera do some good during his at-bat an exuberant fan was seen walking around the rock fountain area behind centerfield and eventually took a plunge in one of the stone lined pools.
The first thing that came to mind, of course, was that the guy must have had a lot more beers then the number of innings played. The surprising detail that came to light is that according to police he was not drunk and "unable to care for himself or a danger to others". He will be charged, however with a misdemeanor trespass under Penal Code Section 602. Another possible charge could be Penal Code Section 415 disturbing the peace, also a misdemeanor. Trespass can carry a sentence of 6 months in jail while disturbing the peace can carry a sentence of 90 days. Generally, neither charge results in jail time for a first time offender.
The bottom line on this case: This Angels' baseball fan likes his fame with a side of trespass, please!
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
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
Six-year old Falcon Heene, better known as "Balloon Boy", floated away in a saucer-like balloon last Thursday in Colorado. At least that's what his father told officials. However, two hours after the whole ordeal began, the balloon landed in a field 50 miles away without the boy inside. The six-year-old was later located in the family's own garage hiding in a box. Larimer County Sheriff later revealed the whole thing was a hoax after the child responded to his father on national television that he didn't come out because his father told him it was for a show.
Officials are saying that this stunt was orchestrated by the father to get himself a reality TV show. The boy's parents, Richard and Mayumi Heene, are currently under investigation and may be facing criminal charges of contributing to the delinquency of a minor and providing false information to authorities. To be guilty of contributing to the delinquency of a minor in the state of California, Penal Code 272 requires that a parent or legal guardian cause substantial risk of serious physical harm or illness to his/her minor child as a result of his/her failure or inability to adequately supervise or protect the child. The punishment for this misdemeanor offense can be up to a fine of $2,500 or 1 year in county jail.
To be guilty of providing false information to authorities, California Penal Code 148.3 requires a false "emergency' report to a city, county, or state agency. This misdemeanor offense carries a punishment of a $1,000 fine or 1 year county jail. However, if the person making the false report knows that the response is likely to cause death or great bodily injury and either of those results because of the false report, punishment is then enhanced to prison and/or a fine of up to $10,000 and is then charged as a felony.
Criminal Law Updates from the Law Offices of William W. Bruzzo. Please call (714) 547-4636 today to get your free consultation.
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
