attorney - Law Offices of William W. Bruzzo

No Beer Pong Allowed

Law Offices of William W. Bruzzo — Thu, 21 Jan 2010 15:46:00 GMT

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.

Shoplifting Increases During The Holidays

Law Offices of William W. Bruzzo — Fri, 18 Dec 2009 01:10:00 GMT

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

Proof of Insanity

Law Offices of William W. Bruzzo — Tue, 10 Nov 2009 04:47:00 GMT

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.