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
Richard A. Econ of Lake Forest, Orange County, California was arrested on charges of burglary (California Penal Code Section 459-460)when he walked into Wal-Mart and tried to buy $100 worth of gift cards with counterfeit bills. The Wal-Mart clerk became suspicious after seeing the money, then called the store manager. The clerk then asked to look at Econ's license in order to detain him while they checked out the money. When it was taking too long, Econ fled the store. Within minutes of a brief foot pursuit, deputies had Econ in custody. The U.S. Secret Service will be conducting further investigations to determine if counterfeit charges apply.
Criminal Law Updates from the Law Offices of William W. Bruzzo (714) 547-4636
The search continues for a missing family of four whose car was found miles from the U.S.-Mexican border in a San Ysidro parking lot. No one has heard or seen from Summer McStay mother of four year old Gianni Giuseppe and three year old Joseph Mateo since February 4th. Her kids and husband Joseph McStay had moved from San Clemente to Fallbrook and were in the process of settling in to their 4 bedroom house. The last person to talk to her was Jesi Silveria a family friend when they had a phone conversation on February 4. Two friends had attempted to communicate with the McStays on different occasions and no one responded. Joseph's brother Michael stopped by to find the house empty and contacted police on the 15th. The police found Summer and Joseph's cell phone in the house and refrigerator items left out. Family and friends hope they find them safe and soon.
Criminal Law Updates for 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
According to The Orange County Register, the Los Angeles City Attorney is trying to legally force three dispensaries to stop selling marijuana for medical purposes. Specifically, the city prosecutor's office is trying to get injunctions to force Organica and two Holistic Caregivers stores to stop all their over-the-counter sales. The City Attorney states that the law only authorizes "collectives" to grow marijuana and recover their costs, not to sell it.
Americans for Safe Access, an organization that supports medical marijuana, has repeatedly assisted these dispensaries in their legal battles against the City Attorney. Joe Elford, chief counsel for the organization stated that "the city attorney's legal arguments are horribly flawed and have no basis in law." He also accused the City Attorney and the District Attorney of taking action before the dispensaries even had time to comply with the city's ordinance. Chief Deputy City Attorney, William Carter said that they are simply "enforcing the existing local and state laws as [they've] been doing for a long time" and therefore will not withdraw these lawsuits.
Criminal Law Updates by the Law Offices of 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
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.
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.
The stories of Anthony Sowell (multiple bodies found in his home) and Phillip Garrido (kidnap victim living in his home since 1990s) have touched on the issue of monitoring registered sex offenders. Regular visits by parole to their homes did not lead to any discoveries that things were wrong. Garrido's officers would conduct searches of his home on surprise visits. In Ohio, Sowell's terms were to check in with parole and agents would show up to his residence to confirm he was still there but his terms did not include routine searches of his house. Questions now arise as to why all went unnoticed to officials in each case. There was an investigation into Garrido's parole officers in order to determine if agents missed signs of irregularities and whether incorrect training was also an issue. Whether these cases will motivate a reform effort on how sex offenders are monitored after incarceration is yet to be seen. Conducting a more in depth monitoring of sex offenders would require more time and man power and that of course means more money then states at this point might not have. If it is determined agents need to be retrained or the monitoring system updated with new rules to implemented, the next issue becomes getting the funds necessary to make the changes in an already cash strapped system.
Here Harry Smith of CBS News reports on this issue:
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
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).
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).
