Will Bruzzo's Blog

Student Visa Fraud

2010-03-11T10:35:00.000-08:00

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

Orange County Sheriff Drives Drunk has Two Collisions in one Night

2010-03-10T09:53:00.000-08:00

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

Teenagers can be Prosecuted for Sending Nude Pictures of Themselves

2010-03-05T10:36:00.000-08:00

Attention has been brought to the practice of "sexting", where teenagers send provocative text messages or revealing pictures via cell phones. This trend has appeared in the news and in episodes of television series. While there is no specific law against teenagers sending explicit photos of themselves, prosecutors are charging individuals with distribution of child pornography based on the subject's status as a minor. To date there has been no effort to prosecute inappropriate written messages. Sexting normally occurs when pictures of nude or semi-nude teenager are sent to another teenager; normally, the teenager posing for the pictures is usually the one taking and sending the photo. Officials are troubled by the possibility that the photo can be distributed to others without the consent of the subject and with the possibility of the minor being exploited. In Pennsylvania a court ruling is being criticized where a judge told a group of teenagers to attend a program on why sexting is wrong or face charges of child pornography. Naturally, the first line of discipline for teenagers is their parents or guardians and it seems like sexting has now become a relevant matter to be discussed at home. (See Penal Code Sections 311, 311.1, 311.2 and 311.3)

Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636

Orange County Family Disappears Near Mexican Border

2010-03-04T09:13:00.000-08:00

The McStay Family

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

Here is a report from ABC7 KABC-TV Los Angeles.

Administrative Fines for Tagging in Orange County City

2010-03-03T08:33:00.000-08:00

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

Robbery at Kohl's in Orange County

2010-03-02T10:52:00.000-08:00

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

Charlie Sheen Receives Visit from Child Protective Services

2010-03-01T10:45:00.000-08:00


Weiss for News

Charlie Sheen and his wife received a visit from Child Protective Services (CPS) at their home in Los Angeles. The reason for the home visit by authorities was a result of an alleged domestic violence incident which occurred near a ski resort in Colorado. After domestic violence incidents it is not uncommon for CPS to visit the home to insure the safety of the children who live there. The Sheens have two infant sons and Mr. Sheen has two other children from a previous relationship. After an official visit like this one CPS can decide to take no action or they may institute Dependency Proceedings, wherein the courts assess whether the parenting skills of the parents are sufficient for the children to remain in the home. In extreme cases the children can be removed from the parent and placed with a family member or in foster case. In the case of the Sheens it appears no action was taken by CPS.

Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636

Penal Code Sections 273.5, 243(e) (1), 273a (b).

Medical Marijuana: Should Its Distribution Be Stopped?

2010-02-26T11:03:00.000-08:00

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

Constitutional or Discourteous?

2010-02-25T10:06:00.000-08:00

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

Here is a video from OCRegister.com

Orange County Deputies bring Lawsuit to Stop Early Release of Inmates

2010-02-19T10:37:00.000-08:00

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)

Fortune Teller Murder Orange County

2010-02-18T10:22:00.000-08:00

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

Here is a link to a CBS2/KCAL9 News Report

Fake Doctor Sentenced to 9 Months in Orange County Jail

2010-02-17T10:02:00.000-08:00

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:

Dr. Daryn Peterson (Fake Doctor??)
by xdj70s

Student Detained by TSA over Arabic Flashcards

2010-02-16T10:30:00.000-08:00

Nicholas George, a Pomona College student, was detained at Philadelphia airport for carrying Arabic-English flashcards in his pocket. George was carrying these cards with him as his major is Middle Eastern Studies. George has now filed a federal lawsuit against employees of the Transportation Security Administration (TSA), the FBI and the Philadelphia Police Department for his five hour detention in which he was abusively interrogated about the 9/11 terrorist attacks and also asked if he was a member of a "communist group."

The lawsuit charges that George's Constitutional rights were violated--his Fourth Amendment right to be free from unreasonable seizure and his First Amendment right to free speech. George was never informed of why he was handcuffed, detained or arrested, and he was never informed of his rights such as a right to remain silent or a right to have an attorney present during questioning. George was finally let go with a ticket to fly home the next day, but was never given any apology or explanation.

Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636

Michael Jackson's Doctor Charged with Involuntary Manslaughter

2010-02-15T11:12:00.000-08:00

After seven months of investigating, the Los Angeles County District Attorney has brought criminal charges against Michael Jackson's physician, Dr. Conrad Murray. Murray, a cardiologist, has been charged with involuntary manslaughter (Penal Code Section 192) in connection with Jackson's death on June 25, 2009.

Dr. Murray is said to have acted "without due caution and circumspection." On the day of the tragedy, Murray tried to get Jackson to sleep using Valium and two other sedatives. However, Jackson remained awake for ten hours and demanded a stronger drug-- Propofol. Finally, Murray gave in and gave Jackson Propofol. He left Jackson for two minutes to use the restroom, at which time he also talked on the phone for 45 minutes. When he returned, Jackson was not breathing. The cause of death was "acute propofol intoxication," in conjunction with other sedatives.

Propfol, a drug most widely used by anesthesiologists to render surgical patients unconscious, is so dangerous that the U.S. Food and Drug Administration says only those trained in anesthesia should administer it. Murray now faces four years in prison for the non-intentional killing of Michael Jackson. Had this been more than negligence in administering a drug for an unapproved purpose, Murray could be facing charges of voluntary manslaughter or murder (California Penal Code Section 187).

Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636

Here is CBSNews video coverage of Dr. Murray's Not Guilty Plea

Watch CBS News Videos Online

Police Use Social Networking Sites to Track Gangs

2010-02-12T13:01:00.000-08:00

Police investigations are keeping up with the social networking trend as they investigate gang members and gang activity. Sites like Facebook, my space, and twitter serve as a way to communicate between gang members. Some use the internet to post videos and photos sometimes showing current criminal activities that they are involved in. Music and art related to the gangs are also posted for others to see and create a presence. Through pictures, art or music gang affiliation can be linked to someone the police are investigating. By monitoring these sites officials are gathering prosecutorial evidence. Many of the comments, written posts or pictures are publicly available while the site managers cooperate with officials when presented with a subpoena.

Criminal Law Updates by Law Offices of William W. Bruzzo (714) 547-4636

Return of Property

2010-02-11T10:34:00.000-08:00

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

Missing Orange County Man Presumed Dead

2010-02-10T09:56:00.000-08:00

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

Reckless Motorcyclist Cause Death

2010-02-09T10:19:00.000-08:00

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

Carrying a Concealed Weapon

2010-02-03T09:44:00.000-08:00

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

Family Sues Los Angeles County

2010-02-02T10:23:00.000-08:00

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

Former Fire Chief Guilty of Beating Puppy

2010-02-01T10:27:00.000-08:00

Glynn Johnson, a former Los Angeles County assistant fire chief, was found guilty in Riverside County Superior Court to charges of animal cruelty (California Penal Code Section 597(a)) and use of a deadly weapon (California Penal Code Section 12022) for beating a puppy to death outside his Riverside home. The deadly weapon used to kill the mixed breed shepherd, Karley, was a 12-pound rock. Johnson was accused of the crime after a long standing feud between him and his neighbors back in 2008 where he left dog feces in his neighbors' mailbox along with a letter warning them to keep their dogs off his property.

Weeks before Johnson's arrest, protesters from various animal-rights groups were gathering in front of the District Attorney's Office asking that Johnson be prosecuted. Johnson is now facing custody time as well as a hefty fine for his crime.

Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636

ABC7.com reports on the outcome of this case

Dog Ordinance is Helping to Bring Down Gang Crime

2010-01-29T12:10:00.000-08:00

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

Early Release for California Prisoners

2010-01-28T10:28:00.000-08:00

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.

Gang Members Attack Graffiti Victim

2010-01-27T10:46:00.000-08:00

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.

A Training Class, As Opposed to Jail Time

2010-01-25T10:39:00.000-08:00

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