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
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
The tagger poster has been made available by the City of Santa Ana, in Orange County, California.
In Garden Grove, Orange County, taggers will now be fined up to $1,000 for possession of graffiti instruments. The city will even make parents pay, if the tagger is a juvenile. The issuance of these citations will be starting March 1st. According to the Orange County Register, City Manager Matt Fertal said administrative fines are a "tried and tested tactic for Garden Grove." In the recent past, citations for illegal fireworks proved to be very effective after a city ordinance was passed allowing law enforcement to issue administrative citations to those shooting off illegal fireworks. Fertal also notes that the fines are a quicker more efficient way to handle these less serious offenses. Money collected from these fines will help pay for wiping out all the graffiti that's already been done. In other Orange County cities, taggers face criminal prosecution (and suspension of their license if convicted) in the court system rather than administrative fines, so Garden Grove taggers should count themselves lucky. (See also Penal Code Section 594, Vandalism and Penal Code Section 594.2, Possession of Vandalism Tools).
Criminal Law Updates by 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
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
The union representing around 1,800 deputies with the Orange County Sheriff's Department filed a lawsuit on February 16, 2010 to stop the early release of inmates from Orange County jails. This lawsuit, modeled after the one filed in Sacramento County, is the second one of its kind. In the Sacramento case, the judge issued a temporary restraining order halting the release of inmates under the new state law SB X3 18. Superior Court Judge Loren E. McMaster ruled that "the law was intended for state, not county inmates, and that the release of inmates into the streets while the number of deputies is being reduced is a 'formula for disaster'" (Orange County Register). Attorneys representing the union argued that the state law, which went into effect January 25th, was meant to affect state prisons only, not county jails. Between January 25th and February 9th, 311 inmates have been released early from Orange County jails. Other counties, such as Los Angeles, are applying the law differently and in turn not releasing any inmates early. In the present suit, attorneys have also cited an inmate who was released early from Sacramento County jail on charges of assault with a deadly weapon who then went on to attempt to rape a woman just hours after his release. Kevin Peterson's case is commonly referred to by law enforcement officials when stating opposition to this new law.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
This story is covered in the OCinTwo Video (by the Orange County Register)
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
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
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 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
An ordinance, adopted January 2009, in the city of Lancaster in Los Angeles County is seeing positive results after imposing stiff penalties on dog owners. Owners of "potentially dangerous" and "vicious" dogs such as pit bulls and Rottweilers are prevented from using their dogs to bully people or cause physical harm to others.
Since the passage of the law, the Los Angeles County Department of Animal Care and Control impounded 1,138 pit bulls and Rottweilers and of those, 362 were voluntarily surrendered by owners.
Lancaster's Mayor, R. Rex Parris, said that a year ago "these individuals delighted in the danger these animals posed to our residents, often walking them without leashes and allowing them to run rampant through our neighborhoods and parks." According to Parris, Lancaster is a lot safer now since the ordinance was passed. Parris said there was a 45% drop in Lancaster's violent gang crime, which includes homicide (Penal Code Section 187), rape(Penal Code Section 220), robbery (Penal Code Section 211) and aggravated assault (Penal Code Section 245(a) (1).
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
The California prison system will start an inmate early release program. This is in response to a Federal Court announcement that the California prisons reduce its inmate population by about 40,000 within a certain period of time. The court's main reason for the reduction was in response to overcrowding and the effect it had on inmate behavior and conditions. This issue came up as a result of prison violence. Recently a riot broke out in the Chino State Prison east of Orange County California, bringing in media and state regulator attention to the system. Those that defend the program explain that this would reduce the number of inmates in jail and also adjust the parolee numbers as well. According to the Sacramento Bee "low-risk offenders [would] earn credits on their prison sentences by completing rehabilitation and education programs." The idea is that the more serious offenders would still be locked away from the community while reducing the population inside and saving money. Opponents of this plan say that offenders are being released during a time of police officer lay offs and budget cuts, therefore creating a scenario for an increase in crime. This program may also reduce sentences at Parolee hearings.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Here is an ABC News10 Video covering the early release.
Last July two men and a 17 year old were arrested in connection with stabbing and beating a man. Last Friday Nicolas Duran, Alejandro Duran and 17 year old Manola Mauricio pled guilty to one count of aggravated assault(Penal Code Section 245(a)(1), one count of street terrorism (Penal Code Section 186.22) and a sentencing enhancement for criminal street gang activity. Both counts were felonies and Mauricio was prosecuted as an adult according to the Orange County register. The police report revealed that the victim noticed three adults writing graffiti on a wall and told them to stop. Those same three adults and two others on bikes followed the victim and beat him. Mauricio received credit for time served of 200 days and was placed on probation. The D.A. objected to all three defendants' sentences, believing that either based on their criminal records or the nature of the incident each should do more time.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
To learn more about the outcome of this case watch an OC in Two video produced by the Orange County Register.
Every generation finds an iconic author who writes stories about everyday people to whom the public can relate. From the 1820's to the late 1960's The Saturday Evening Post served this purpose. As television became more a part of our lives people would often remark "there was an I Love Lucy episode about this!" Since the 1989 it has not been unusual to hear people say "Wasn't there a Seinfeld episode about this?"
In 1992 episode 20 of Seinfeld's third season was titled "The Good Samaritan". You might remember this episode. According to Wikipedia the basic plot is "Jerry witnesses a hit-and-run driver hitting another car. He is on the car phone with Elaine at the time, who tells him he has to go after the driver. He does, but when the driver steps out he realizes that she is a beautiful woman (played by Melinda McGraw) and decides to date her."
Today's post isn't really about comedy, it is about being charged with a hit and run, but on occasion comedy is the best teacher. Moliere, the17th century French playwright, once said: "The duty of comedy is to correct men by amusing them."
The truth is every hit and run is serious, not amusing. It is an offense that is not to be taken lightly. It never is by those on the receiving end of the act. While the justice system also serves to correct men and women, it does not do this by amusing them. But the justice system on occasion corrects men and women by offering a training class, as opposed to jail time.
Here is one client's experience:
"I was charged with hit and run (Vehicle Code Section 20002) for striking a vehicle and leaving the scene. I hired Attorney William Bruzzo to represent me in this case as I was told he is very familiar with the courts and the district attorneys in Orange County. In the end Mr. Bruzzo was able to negotiate a disposition where the District Attorney agreed to DISMISS THE CASE after I took a class. I am truly grateful to Mr. Bruzzo for his representation in this matter as it spared me from going to jail and having a conviction on my record as it would greatly affect my teaching career. I would enthusiastically recommend Mr. Bruzzo for any criminal matter." ~ EH, 1/21/2010
Criminal Law Updates by The Law Offices of William W. Bruzzo (714) 547-4636
Enjoy a clip from the Seinfeld's "The Good Samaritan" episode
Tuesday, January 19, 2010, the National Weather Service gave out a tornado warning for Orange County as thunderstorms headed in that direction. Several vehicle incidents were reported due to the severe weather conditions. Winds flipped over a car in Huntington Beach in Orange County and deputies had to push a stalled BMW SUV out of the water on the highway. Just south of Riverside County, road crews scraped mud off the roadway thereby closing Ortega Highway. Mud and debris were also blocking lanes at Trabuco Canyon Road. Indeed, drivers have some challenging conditions to deal with in this torrential downpour. Notably, drivers must modify their driving practices to reflect all driving conditions to include weather. Reckless driving (Vehicle Code Section 23103) can be a violation drivers get cited for in such weather conditions. Persons may be charged if driving in a "willful or wanton disregard for the safety of persons or property." Punishment can be up to 90 days in jail, in addition to a maximum fine of $1,000. Drivers should take necessary precautions and drive according to road conditions in addition to posted speed limits.
Criminal Law Updates by The Law Offices of William W. Bruzzo (714) 547-4636
OCregister.com presents this video about Orange County's Tuesday stormy weather:
Huntington Beach bars and restaurants might have one more rule to adhere to: no Beer Pong allowed. According to the Orange County Register the city is considering banning the popular drinking game from being played at businesses with an alcohol license. The reason for the ban stems from a general attitude shared by council members and residents that it is necessary to control bad behavior by drunken customers of those very popular watering holes in Huntington Beach. Residents dislike discovering urine or vomit on their lawns; meanwhile the city has passed rules designed to "improve downtown's image". Those wanting to ban the game explain that a drinking game is not something a business establishment should promote since the city might be negatively affected. Yet the game is so popular there is a championship in Las Vegas and it has caused enough problems that Huntington Beach is not alone in having issues with the drinking game. In New Jersey one city has already passed a law prohibiting Beer Pong and there was a Time Magazine article on the subject of banning the ping pong based alcohol-drinking game. Some Beer Pong participates might find themselves charged with a violation of Penal Code Section 647(f) (Drunk and Disorderly). Commonly, police will stop individuals who appear drunk, usually while they are walking and conduct field sobriety tests at the scene. The tests determine whether they are a risk to themselves and/or others. If so, they can be arrested and face fines and fees as well as a maximum of 90 days in jail. A skillful attorney can get the court to allow first time offenders to take a class and get the case dismissed.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Enjoy a TIME Magazine Video, August 13, 2009, "Beer Pong Strikes Back"
A Battery occurs whenever one person touches another without consent. A Battery can be charged as a misdemeanor or a felony. The amount of injury to the victim will usually decide whether the case is charged as a felony or a misdemeanor. Here is one client's experience facing a battery charge in Orange County:
"I was charged with Assault on a Peace Officer (Penal Code Section 241(b)); Battery on an Officer(Penal Code Section 243(b))and Resisting Arrest (Penal Code Section 148(a) (1)). These charges occurred as a result of an altercation I got into with a Police Officer in Orange County. I was looking at up to one year in jail for these offenses. I hired William W. Bruzzo to represent me because of his reputation and his familiarity with the courts in Orange County. I told Mr. Bruzzo that not only did I not assault the officer in question but that he assaulted me without reason or provocation. I realized that for the most part it would be my word against the officer's. Mr. Bruzzo took my case and began investigating the officer by filing motions which requested the personnel records of the officer in question. The County of Orange fought to keep the records from being revealed but Mr. Bruzzo won in the end. The personnel records of the officer in question revealed that he had had problems with violence in the past. Mr. Bruzzo used this information in his negotiations with the District Attorney. In the end, the District Attorney agreed to DISMISS all the charges against me! I am very grateful to Mr. Bruzzo for his work and I would enthusiastically recommend him for any criminal matter." ~ WR, 01/15/2010
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
A woman evaded the police in Huntington Beach, Orange County on January 13, 2010 after being pulled over around 12:30 a.m. Police suspected she was on drugs and were discussing the situation, when the woman suddenly fled in her vehicle and headed south on Pacific Coast highway. The woman led the police on a chase from Huntington Beach to Laguna Beach, where she eventually crashed into a guardrail after running over spike strips police had laid out. The woman did not suffer any injuries and was taken to jail on possible charges of Vehicle Code Section 2800.1. The code section specifies that "any person who, while operating a motor vehicle and with the intent to evade, willfully flees or otherwise attempts to elude a pursuing peace officer's motor vehicle, is guilty of a misdemeanor punishable by imprisonment in a county jail for not more than one year if all of the following conditions exist: (1) The peace officer's motor vehicle is exhibiting at least one lighted red lamp visible from the front and the person either sees or reasonably should have seen the lamp. (2) The peace officer's motor vehicle is sounding a siren as may be reasonably necessary. (3) The peace officer's motor vehicle is distinctively marked. (4) The peace officer's motor vehicle is operated by a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, and that peace officer is wearing a distinctive uniform." Notably, this crime can also be a felony under vehicle code section 2800.2 if in addition to fleeing the police the individual drives with a wanton, willful disregard for the safety of persons or property. That crime can carry a maximum of three years even without causing any injury or property damage.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Rescue teams from Southern California including a group from Orange County are being sent to Haiti to help in the recovery effort from the 7.0 magnitude earthquake that occurred on Tuesday. The team includes search dogs, paramedics, rescuers and equipment to work through the rubble. The California Urban Search and Rescue Task Force 5 will be in Haiti for two to four weeks. The team is part of a U.S. response team designed to aid after natural or man made disasters, terrorist attacks or other crisis situations. According to the Orange County Register their flight had been delayed in the morning leaving a Riverside Air Force base. The team's previous experience was during Hurricane Katrina and Gustav. They are taking food, water and search dogs to aid in the rescue effort. The BBC news page website reports that UN personnel are still missing, and some U.S. citizens are still unaccounted for. The Red Cross, World Bank, IMF and UN have sent money, medical assistance, or assistance for rebuilding. Groups urge people to help with what they can: The Red Cross, Doctors Without Borders, UNICEF.
Criminal Law Updates by Law Offices of William W. Bruzzo (714) 547-4636
Here is a video report on January 15, 2010, from ABC7, KABC Los Angeles, CA
Investigators at the Orange County Sheriff's Department as well as the FBI are investigating a strange robbery that occurred at a U.S. Bank in Lake Forest, Orange County on January 11th. A man wearing a bicycle helmet went inside the bank and held a teller at gunpoint while demanding cash. He handed the teller a note and then took the note back and left the bank. He was not seen getting into a vehicle or, more importantly, on any bicycle.
California Penal Code Section 211 defines robbery as "the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear." The fear may be either that of an unlawful injury to the person or property of the person robbed or of any relative of his or member of his family; OR the fear of an immediate and unlawful injury to the person or property of anyone in the company of the person robbed at the time of the robbery.
Because the U.S. Bank teller was held at gunpoint, he/she was most likely placed in fear of his/her life, thereby constituting a robbery. When no force or fear is involved in the taking of personal property, it is simply a theft, carrying a less serious punishment.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
On January 6, 2010 in Orange County, Christopher Ontiveros, a history teacher at Oxford Academy, pleaded not guilty to charges of sexual acts with a 17-year-old student in his class. Several explicit text messages have been discovered, implicating Mr. Ontiveros.
The history teacher started out by tutoring the young female student after school and then later counseling her on medical issues, and eventually, spent time with her outside of school. The student told police that Mr. Ontiveros kissed her once at the end of the last school year and once school resumed in September, the relationship grew more intimate. In one of his numerous texts, he wrote, "Maybe there's many ways to prove myself, but one for sure is when I get to hold u and share this ecstatic love making, it's real and binds us."
The Orange County District Attorney has charged Mr. Ontiveros with three felony counts of sexual penetration by foreign object of a minor (California Penal Code Section 289), one felony count of oral copulation of a minor (California Penal Code Section 288a), one felony count of distributing harmful sexual material to a minor, one felony count of contacting a child with intent to commit sexual penetration, and one misdemeanor count of sexual battery. If convicted, Mr. Ontiveros faces a maximum sentence of six years in state prison.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
This video, OC in Two, is produced by the Orange County Register and includes information about this case.
Three gang members allegedly broke into a home on New Year's Eve in Tustin, Orange County, California. One of the suspects pistol whipped the resident and ran off with about $200 according to the Orange County Register. A car chase through Tustin and into Santa Ana ended up with the suspects fleeing on foot. The owner of the car was Jose Zendejas, he was arrested in Long Beach. A second suspect Ernesto Garcia was arrested in Santa Ana and both men are being charged with robbery (Penal Code Section 211) and street terrorism (Penal Code Section 186.22). A third suspect Alberto Penaloza is being charged with robbery, possession of a controlled substance for sale (Health and Safety Code Sections 11359, 11378, 11351) and as convicted felon in possession of a stolen firearm (Penal Code Section 12021(a)(1). An amount of methamphetamine was found and evidence of drug sales (Health and Safety Code Section 11378). Examples of evidence the drug is for sale include if the substance is packaged in individual amounts, the amount of the drug, if scales are found with the drug and/or a significant amount of small bills.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Los Angeles, Ventura, and Orange County police agencies believe that there is a group of criminals targeting shoppers of Apple stores. Once the customers go to their cars to drop off the items and continue shopping then the alleged thieves come in and break into the vehicles ( a violation of Penal Code section 459-460). A sting operation was conducted in Mission Viejo in Orange County and three men from Los Angeles were apprehended. Each is being charged with 28 counts of second-degree burglary, grand theft (Penal Code Section 487), possession of burglary tools (Penal Code Section 466)-unlawful tampering with a vehicle. An undercover officer went into the Apple store and bought a printer then took it to his car and changed parking locations in order to shop at other stores. It was not described how long the deputy was followed by the suspects before he parked at another location. According to the Orange County Register, officials noticed a pattern of break-ins during the holiday shopping season. The same type of incidents has happened in L.A. and Ventura County and officials in San Bernardino are also being informed of the trend.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
KTLA.com reports on Thieves Targeting Apple Store Customers
An 18-year-old driving a gray Ferrari crashed into a tow truck killing his passenger on December 24, 2009 in Newport Beach, Orange County, California. Luicci Nader, the driver, remains in critical condition and is unable to speak to authorities after having lost control of his vehicle due to excessive speed. No alcohol was involved in the accident; however, Nader still faces possible charges of manslaughter if he recovers.
Under California Penal Code Section 192, manslaughter is "he unlawful killing of a human being without malice." There are three types of manslaughter- 1) Voluntary, 2) Involuntary, and 3) Vehicular. The above case would most likely fall under the category of vehicular manslaughter as the driver was driving the vehicle while unlawfully speeding and it resulted in the death of his passenger. Because Nader was grossly negligent, he could be convicted for vehicular manslaughter and receive up to 6 years in prison.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
This news video was provided by KTLA.com on the night of the accident.
19-year-old Juana Perez Valencia is facing 25 years to life in prison for dumping her newborn baby in a trash can after giving birth to her in a restaurant bathroom. She has been charged with one felony count of murder. California Penal Code Section 187 defines murder as the "unlawful killing of a human being, or a fetus, with malice aforethought." Her newborn girl was found in a trash bin outside of Sombrero's, a Mexican restaurant in Orange County, where Valencia was working as a food server.
Valencia was arrested after she went to Anaheim Medical Center to be treated and doctors discovered she had recently given birth, though Valencia denied having been pregnant. An autopsy revealed that the baby, who weighed 6.3 pounds and was 17 inches long, was alive when she was left in the trash bin.
The Safely Surrendered Baby Law (SSB) was implemented on January 1, 2001, in response to the increasing number of abandoned baby deaths in California. In October 2005, Governor Schwarzenegger signed legislation extending the SSB Law permanently, effective January 1, 2006. The law is intended to spare the life of an infant by encouraging parents or persons with lawful custody to safely surrender an infant at a "safe surrender site" such as a fire station or hospital, within 72 hours of the child's birth rather than abandoning them in an unsafe location. The law allows individuals to surrender their baby confidentially and without fear of prosecution. No questions will be asked of the individual. A parent or person with lawful custody has up to 14 days from the time of surrender to reclaim their baby.
In the first half of 2008 (January 1-June 30), 31 babies were safely surrendered in California. Los Angeles County leads the state with 59 babies safely surrendered since the program's inception. As of June 30, 2008, 251 newborns have been safely surrendered in California while another 149 infants have been found alive following their illegal abandonment.
Here is a video from KTLA5, Eric Spillman reporting the night of the incident.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
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
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
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
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 degree of injury to the victim will decide if a domestic violence case is charged as a misdemeanor or a felony. Regardless of whether the matter is charged as a felony or a misdemeanor if the client is found guilty or pleas guilty he/she must complete a 52-week batterer's course, 8 hours of community service and pay various fines and fees.
In order to avoid a client doing the 52-week batterer's class an agreement must be negotiated with the District Attorney whereby a non-domestic violence charge (Disturbing the Peace, Assault) is substituted for the domestic violence charge.
Each domestic violence charge needs to be thoroughly investigated by defense counsel. Depending on the facts of the domestic violence case and the record of the client, agreements can be reached whereby even if the crime occurred attendance at an anger management class (10-weeks) or counseling can relieve a client of the normal requirements of a domestic violence charge.
Here is a recent case result:
"I was charged with Penal Code Section 243(e) (1) [Domestic Violence Battery on a Spouse]; a conviction of this crime could have caused me to spend up to 1 year in custody. This case arose from an incident whereby I was alleged to have struck my spouse causing injury. I hired William W. Bruzzo to represent me in this matter because of his effectiveness in court and his knowledge of the law. 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. In addition I was told that such a conviction could cause me to lose my job. This was especially significant because I have a family to feed and my spouse does not work. Mr. Bruzzo worked hard to get the charge changed to include going to the supervising district attorney. 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." ~~JC, December 2, 2009
The holiday season is a good time to talk about hit and run violations. You might wonder why someone would commit a "hit and run". Sometimes the accused party is afraid, not thinking straight, might be uninsured, might be driving under the influence, might be driving without a license, or they might even believe that since no-one witnessed the event...no harm, no foul. In today's world of cell phones, flip video cameras, intersection cameras, security cameras...it is pretty hard not to have your actions captured on film. In California a hit and run charge is serious(Vehicle Code Section 20002(a))and you should always seek legal counsel.
Here is a testimonial from one client who faced a six month jail term. Solutions are possible with good representation.
"I was charged with one count of hit and run (Vehicle Code Section 20002(a)) for causing more then $5,000.00 in damages then allegedly leaving the scene. I could have faced up to 6 months in jail I hired Attorney William Bruzzo to represent me in this case as I was told he is very familiar with the judges, courts and the district attorneys in Orange County. Mr. Bruzzo spoke with the District Attorney but felt he could get a better deal so he turned to the Judge and in the end negotiated a civil compromise (Penal Code Section 1377) whereby the victim was compensated and the case was DISMISSED. 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. Also, this case could have been filed as a felony yet remained in the misdemeanor court. As such, I would enthusiastically recommend Mr. Bruzzo for any criminal matter."
~~ MH, December 1, 2009
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!
Last week in various cities in Orange County police officials set out to enforce curfew for minors 13 to 17 years old. A teenager can be out after curfew if they are with a parent, guardian or are otherwise exempted. The reason for the curfew is to curtail teenagers from being out after hours and participating in illegal activities. In particular it was intended to reduce gang activity and crimes by minors. The current sweep was conducted at 10p.m. or 11p.m. depending on the city's ordinance. According to the Los Angeles Times, Orange County Edition "college-bound students, gang members, a 13-year-old on probation for kidnapping and more than one drunk[en] teenager" were some of those collected during the sweep. The teens were kept in a bus until their parents came to pick them up. The article adds that some parents were unaware that their children were out while others had been looking for their kids. An Orange County Deputy District Attorney and officials from the Orange County Probation Department met with the parents of the teenagers and showed them photos of victims killed late at night. Legal consequences were also discussed and counselors from Pepperdine University masters program in counseling were on hand to talk to parents and their kids.
Here is a news video provided by Garden Grove TV3
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
The head of the Boys & Girls Clubs of Tustin, California in Orange County, Clifford Polston, pled guilty to grand theft for stealing more than $114,000 from the group. The Boys & Girls Club of Tustin, which provides a safe place for youth to learn and grow, was shocked over the recent turn of events.
Polston took $6,323 in unauthorized car allowance and paid $75,000 to his wife for a fictitious job that he created. Now, as punishment for his crime, he has to repay $137,000 to the Boys & Girls Clubs of Tustin plus ten percent interest using proceeds from a life insurance policy purchased for him by the Club. Former mayor Tracy Worley Hagen said she feels "terrible" because she thought "he was doing a great job for the community", but she is "happy he's going to try to make it right with the Boys & Girls Club."
Grand theft, what Polston pled guilty to, differs from petty theft in that the value of the property stolen exceeds $400. Here, Polston stole well above that amount and received an enhanced sentence because of it. Typically, felony grand theft, defined by Penal Code Section 487, carries a maximum sentence of three years State Prison. However, in Polston's case, he was looking at a maximum of four years State Prison.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
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
Rodney Alcala has been charged with five murders that allegedly occurred during the 1970's. One charge is for the murder of Robin Samsoe who was 12 years old at the time of her disappearance from Huntington Beach. The other four murders are out of Los Angeles County and have been combined with the Orange County case. Mr. Alcala denies committing the Orange County murder and is pleading not guilty by reason of insanity to the Los Angeles cases. He has refiled a severance motion that will ask to separate the Los Angeles cases from the Orange County case. For the District Attorney taking care of many cases at once is a matter of efficiency; meanwhile, for the defense having them together hurts the client because it can paint a more heinous picture of the defendant.
To make a case for insanity the defense must prove a mental defect at the time of the crime. According to the Criminal Jury Instructions insanity is a defense when the deficiency has made the defendant unable to distinguish or understand that what he did was legally or morally wrong. Being addicted to drugs or alcohol does not qualify as being insane. Other instances that do not qualify as proof of insanity are adjustment disorders, personality disorders or deviant behavior based on the crimes. The defense attorney must prove during a trial that a defendant was insane at the time of the crime and the jury will decide if the evidence supports the claim of insanity. The insanity phase of a trial occurs after the Defendant has been found guilty of having committed the crime. Accordingly, in a trial with an insanity plea, there are two trials, one on the facts and the other on the question of whether the Defendant was insane at the time of the alleged offense. If a Defendant is found guilty on the facts of the crime but found insane at the time, then he will be in custody until he is declared sane by the state authorities. At no time will the Defendant be released prior to six months elapsing.
Criminal Law Updates by 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
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
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
