<![CDATA[criminal-justice-system - Law Offices of William W. Bruzzo]]> https://www.bruzzolaw.com/blog/tags/criminal-justice-system/ Tue, 15 Oct 2024 00:45:39 GMT en-us <![CDATA[Speedy Trial Rights: 48 Hour Rule for California Suspects in Custody]]> https://www.bruzzolaw.com/blog/speedy-trial-rights-48-hour-rule-for-california-suspects-in-custody/ https://www.bruzzolaw.com/blog/speedy-trial-rights-48-hour-rule-for-california-suspects-in-custody/ Mon, 11 Mar 2013 03:29:00 GMT Under the Constitution of the United States and the California State Constitution everyone has a right to a ‘Speedy Trial’. This means that once you are charged and/or in custody they must give you a trial within a reasonable time frame. The specific amounts of time are left to the states. In a California misdemeanor case you…

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Criminal defense

Under the Constitution of the United States and the California State Constitution everyone has a right to a ‘Speedy Trial’. This means that once you are charged and/or in custody they must give you a trial within a reasonable time frame. The specific amounts of time are left to the states. In a California misdemeanor case you must have a trial within 30 days of your initial court date, also known as an arraignment, which is when you enter a plea of guilty or not guilty. In a felony case you are entitled to a trial within 60 days of your arraignment. Also, if taken into custody in California you must be seen by a Judge within 48 hours of your arrest not counting weekends or holidays. So, if you are arrested Friday night you must be seen by a Judge no later than Wednesday morning.

This brings us to the sad case of Stephen Slevin of New Mexico. Mr. Slevin was arrested in New Mexico for drunk driving and possession of a stolen vehicle in August of 2005. These are relatively low grade offenses. However, for reasons unclear, Mr. Slevin’s case never went to trial and he was not released until June of 2007, almost two years later. What is worse is that he spent most of his time in solitary confinement where he eventually lost his mind and was reduced to rocking back and forth with a blanket over him. In May of 2007 he was released to a mental hospital covered in bed sores and fungus. After recuperating somewhat in the mental hospital he was returned to solitary confinement before Prosecutors finally decided not to pursue charges based on his lack of competence. Two years is a very long time for someone to be detained pending charges. Spokesman for the county he was detained in blamed the District Attorney’s office and the Public Defender for the excessive time he was in custody. It would also seem that the jail personnel were seriously remiss in the care of this inmate. He apparently wrote notes daily while in custody asking for medical attention but none came. He eventually gave up.

After release Mr. Slevin brought suit against the county for the lack of medical attention and the delay in bringing his matter to trial. The jury awarded him 15.5 million dollars for his suffering at the hands of the authorities. Hopefully, the results of this suit will cause the authorities in Doña Ana County to pay better attention to its inmates.

Here is a CNN News video covering this story.

If you are having trouble viewing the video, you can see it here

Criminal Law Updates Law Offices of Orange County Criminal Defense Attorney William W. Bruzzo (714) 547-4636

]]> <![CDATA[Motorcycle Riding Pastor Convicted for Fight in Bar]]> https://www.bruzzolaw.com/blog/motorcycle-riding-pastor-convicted-for-fight-in-bar/ https://www.bruzzolaw.com/blog/motorcycle-riding-pastor-convicted-for-fight-in-bar/ Mon, 14 Jun 2010 19:27:00 GMT Pastor Phil Aguilar runs a Christian ministry; he also provides shelter and assistance to people looking to get sober. His organization is Set Free Worldwide Ministries. He is also the leader of Set Free Soldiers a Christian motorcycle club that rides on Saturdays and has Bible service on Sundays. Aguilar became a follower of Christianity…

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Set Free Worldwide Ministries

Pastor Phil Aguilar runs a Christian ministry; he also provides shelter and assistance to people looking to get sober. His organization is Set Free Worldwide Ministries. He is also the leader of Set Free Soldiers a Christian motorcycle club that rides on Saturdays and has Bible service on Sundays. Aguilar became a follower of Christianity when he was serving time for child abuse for hitting his stepson. His most recent contact with the criminal justice system stems from an incident with another motorcycle club, the Hells Angels in 2008. A fight broke out at a bar and after an investigation the District Attorney filed charges of street-terrorism and felon in possession of a weapon against him. The DA investigated him for possible ties to criminal gang activity and after raiding the residence of some members they did find weapons. Aguilar was sentenced to probation for a misdemeanor for a bar fight with the Hells Angels. Another member received eight years for stabbing a member of the other club. Aguilar maintains that his criminal ways are in the past and he now focuses on Jesus and helping others turn their live around. See, Penal Code Sections 240, 242, 12020(a) (1), 186.22, 245(a) (1).

]]> <![CDATA[U.S. vs. Italian Justice: Which Would You Prefer?]]> https://www.bruzzolaw.com/blog/u-s-vs-italian-justice-which-would-you-prefer/ https://www.bruzzolaw.com/blog/u-s-vs-italian-justice-which-would-you-prefer/ Mon, 14 Dec 2009 01:25:00 GMT On December 4, 2009, an Italian jury found American student Amanda Knox and her Italian boyfriend Raffaele Sollecito guilty on all counts in the stabbing death of British exchange student Meredith Kercher. Knox was given a 26-year sentence; Sollecito was sentenced to 25 years. Both will be appealing their cases. In the meantime, below is…

]]> On December 4, 2009, an Italian jury found American student Amanda Knox and her Italian boyfriend Raffaele Sollecito guilty on all counts in the stabbing death of British exchange student Meredith Kercher. Knox was given a 26-year sentence; Sollecito was sentenced to 25 years. Both will be appealing their cases. In the meantime, below is a brief comparison of U.S. vs. Italian Justice. Which would you prefer?

The former University of Washington student was arrested in November 2007 and charged with the murder of her British roommate while in Perugia, Italy studying abroad. Police arrested Knox and Sollecito soon after Kercher’s death, along with Guede, a native of the Ivory Coast who opted for a separate, fast-track trial and was convicted of murder and attempted sexual assault back in October 2008.

Unlike the American justice system, in which appeals center on issues of law, in the Italian system, appeals are automatic and defendants can ask to retry their entire case in the first round of appeals. From there, the case can go to Italy’s highest court, which is required to hear every appeal. However, it may be years before a definitive sentence is reached.

Ms. Knox and Mr. Sollecito were held in jail for a year before prosecutors moved to formally charge them with sexual assault and murder. This was not unusual– in Italy, a suspect can be held for up to 12 months without being charged with a crime. Fortunately in the U.S., for suspects who are in custody, speedy trial laws typically require prosecutors to file charges, if at all, within 72 hours of arrest. Some jurisdictions require prosecutors to charge a suspect even sooner. For example, California requires that charges be filed within 48 hours.

When a case finally goes to trial, the accused do not swear an oath as in the American courts and are therefore under no obligation to answer questions truthfully. The defendant, who is permitted to interrupt the proceedings or refuse to respond at any time, is expected to lie, legal analyst Lisa Bloom reported on CBS News. The trial has also taken nearly a year – long by American standards but fast by Italian standards.

As in the U.S., the Italian constitution calls for defendants to be presumed “innocent until proven guilty.” However, the supremacy of the prosecutor essentially negates this presumption. The Italian prosecutor, Guiliano Mignini, is under investigation himself for the abuse of power. However, this did not prohibit him from acting as the prosecutor in Ms. Knox’s trial.

The Italians also don’t afford the luxury of unanimity available in most state courts. The jurors’ decision called a sentence (referred to as “verdict” in the U.S.) is determined by a majority vote of eight jurors –six ordinary citizens and two judges. Only five have to utter the word “Si”. Dissenting opinions are not made public; however, an official explanation for the majority opinion must be rendered in the next 90 days.

]]> <![CDATA[Three Strikes and You’re Out]]> https://www.bruzzolaw.com/blog/three-strikes-and-youre-out/ https://www.bruzzolaw.com/blog/three-strikes-and-youre-out/ Thu, 05 Nov 2009 04:53:00 GMT 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…

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Baseball

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.”

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