In September of 2014 the Los Angeles City Attorney started a new diversion type program called the Neighborhood Justice Program. Once a Defendant is arrested or cited for an offense he may be eligible for a program where the case never actually goes to court. This program only applies to certain minor charges such as:

• Petty Theft (Penal Code Section 484-488(a)), 
• Disturbing the Peace (Penal Code Section 415), 
• Vandalism and Graffiti (Penal Code Section 594), 
• Minor in Possession of Alcohol (Business and Professions Code Section 25662, 
• Vehicle Code Section 13202.5), 
• Possession of False Identification or Possession of False Driver’s License (Penal Code Section 148.9, Penal Code Section 470b) and 
• Public Intoxication (Penal Code Section 647(f)).  

Generally eligible persons should not have a previous record but that may be negotiable.
Other minor crimes not listed may also be covered by this new program and a skilled lawyer may be able to persuade the Los Angeles City Attorney to make other violations of law eligible. Notably, the program is only open to Defendants who commit crimes in the City of Los Angeles as other cities in Los Angeles County do not yet have any such program. Similarly, cases prosecuted through the Los Angeles County District Attorney do not have any such program.

Once an individual is deemed eligible for the program they will go before a three person board and explain themselves to the panel. If the panel is satisfied the person has taken responsibility for the crime and shown remorse the panel will then allow the person to pay back the community for the commission of the crime by completing a “restorative agreement” with the understanding that the City Attorney will then not file the criminal case. This usually consists of some number of hours of Community Service. The Defendant will have about two (2) months to complete the restorative agreement. This program is far superior to most diversion programs which usually require a guilty plea and a court appearance. The Los Angeles City Attorney program leaves much less of a trace when it comes to background checks since official charges are never filed and the matter never goes to court. Many clients are greatly concerned about the effect of a case on their record, especially when it comes to looking for a job; this new program effectively removes many of those worries.

If you are facing charges on ANY crime in the City of Los Angeles, Los Angeles County or anywhere in Southern California do not hesitate to contact Mr. Bruzzo to check your eligibility for dismissal programs and for representation on any criminal case.

On November 4, 2014, California voters approved a voter initiative which requires that certain crimes MUST be filed as misdemeanors. This appears to be an effort by the state of California to reduce the number of people in the state prison system. From now on theft offenses for less than $950.00 must be filed as misdemeanors-even if the person has an extensive prior record of theft offenses. This is significant because a person can only be sentenced to one (1) year or less on a misdemeanor and he stays in the county facility where the crime was committed. Previously, three or more petty theft cases for very small amounts could land a person in prison under Penal Code Section 666. However, that is no longer the case and the person cannot be sentenced to more than one year and cannot go to prison no matter how many petty theft cases he has under Proposition 47. Notably, the maximum jail penalty on a petty theft is 6 months, so from this point on it would appear that no matter how many prior petty theft convictions you have, as long as they are under $950.00, you cannot be sentenced to more than 6 months in jail.

Notably, if you are in prison for multiple petty thefts or grand thefts and the last case that sent you to prison involved a value of less than $950.00, you can be resentenced on this matter, meaning that the court will review the case and remove you from state prison and have you serve more than likely a much shorter sentence in the county jail. There may be some exceptions to this if you have prior violent convictions. The law is still being fleshed out but you can petition to have your case reviewed IMMEDIATELY if you fall into any of these categories. The only exception to that is if the court finds you are public safety risk. The definition of that seems vague and would probably be a determination made by the Judge.

Also drug offenses wherein the person is only charged with personal use because he only has a personal use amount on him, MUST now be filed as a misdemeanor. Meaning, once again that the person cannot do more than one year in jail. Previously, an individual was facing a maximum of 3 years on possession of a personal use amount of any controlled substance except for marijuana possession for personal use which has always been a misdemeanor and sometimes an infraction.

So for example, possession of methamphetamine under Health and Safety Code Section 11377(a) can only be filed as a misdemeanor; normally it is filed as a felony although it can be filed as either. Where this new law will really make a difference is when people are charged with possession of cocaine or heroin under Health and Safety Code Section 11352(a) which previously was only filed as a felony. Now those individuals are only facing misdemeanors which reduces their exposure to a year in county jail.

What will be interesting to see is what happens to people in the Penal Code Section 1210 program also known as Prop 36. It was the case that multiple fall outs from the program for personal use alone could land you in prison. However, under this new law it seems like the most the court can do for fall outs from possession for personal use is sentence the person to one year in county jail.

For first time offenders Prop 47 will have little practical effect but for individuals with multiple convictions this law could make a huge difference in their sentence. Please contact Attorney Will Bruzzo if you have any questions about your particular situation.

The charge of Petty Theft under Penal Code Sections 484(a)-488 is a very commonly alleged crime and generally not considered serious as first time offenders generally face no jail time and small fines. However, the effect of such a conviction on professionally licensed persons like Nurses, Doctors, Lawyers and Teachers can be career ending.

The reason for this is that Petty Theft (and any theft offense) is considered a crime of moral turpitude and in the jobs indicated above convictions for crimes of moral turpitude call into question the character of the person. As such the licensing board of each vocation can convene a hearing to decide whether the person is of sufficient character to continue to perform that job in light of their conviction. For example, in the event of a Nurse getting a conviction for Petty Theft the Nursing Board can convene a hearing and could put the person on “license probation.” This status could make the person unemployable. Other lesser punishments may occur as well.

The way to prevent this situation is to avoid a conviction altogether. Attorney Will Bruzzo has successfully represented many professionals to include Nurses and Teachers accused of Petty Theft and other charges. Mr. Bruzzo has managed to negotiate arrangements which sometimes involve community service and charitable giving as a way to avoid a conviction or guilty plea.

Notably, some places like Orange County have programs which allow first time petty theft offenders to avoid a conviction by entering a diversion program. A diversion program usually requires a guilty plea with deferment (postponement) of sentencing and completion of a program; once the individual completes the program the guilty plea is withdrawn and the case dismissed. In this way there is no conviction since the person was never sentenced and California requires sentencing for a conviction.

However, what many people (and some attorneys) do not understand is that because the diversion programs requires a guilty plea the diversion program is not helpful for Nurses and other licensed individuals. This is because the Nursing Board, for example, treats a guilty plea as it if were a conviction.

Mr. Bruzzo has even counseled other criminal defense lawyers as to the dangers of diversion programs for certain individuals; it is very important that you hire a lawyer who knows what is at stake in your particular situation. Mr. Bruzzo also works with a licensing lawyer, Fred Ray Esq. to make sure that the client is getting the best representation possible and one that will preserve his/her ability to work in their chosen field.

Please do not hesitate to contact Mr. Bruzzo or look at the testimonials on his website under Petty Theft for more information.

The Orange County District Attorney has been resolving criminal cases by having the Defendant give their DNA in exchange for dismissals of usually minor cases.

This program in Orange County has only been in effect for the last couple of years and had generally been very beneficial to Orange County Defendants facing minor criminal charges such as ‘hit and run’ and ‘petty theft’ in that they can get the case dismissed by offering to give their DNA.

DNA of course refers to Deoxyribonucleicacid which is a macromolecule that exists in every living thing. Because DNA is unique to each person it is used by law enforcement as a means of identifying individuals who may be involved in a crime. If police find a strand of hair, drop of blood or other bodily substance at a crime scene they can test the substance against DNA samples in nationwide data bases. If the person who left the DNA at the crime scene is in the data base then the police will have a ‘hit’ and can investigate that person as someone of interest. Law enforcement can use the presence of DNA to put a particular person at a particular place or in the case of sexual assault cases, the DNA present in semen or other bodily fluids can be used to determine who committed the crime.

DNA has proven to be a very useful tool for law enforcement, as such Tony Rackauckas the Orange County District Attorney, implemented the DNA for dismissal program as a way to build up a local Orange County DNA base which will interface with national data bases.

Some people are hesitant to give their DNA for fear of being mistakenly accused of a crime by some glitch in the system. However, experts say that DNA is like a fingerprint only much more reliable in its uniqueness to each individual. In addition, it is rare that an individual is charged or convicted with DNA alone; usually other evidence is produced to show the likelihood of the individual being present at the scene in addition to the DNA.

DNA has most famously been used to exclude people from having committed crimes. The media reports numerous instances where individuals who were convicted of crimes and already served long sentences are suddenly freed because DNA testing showed that someone else was the culprit. For example, evidence from rape cases that occurred before DNA testing was available can be subject to DNA testing if the court allows the matter to be reopened. Many individuals have been freed because of DNA testing done after the person was sentenced and convicted.

Everyone should be advised however, that once their DNA is in the data base and they subsequently commit a crime their chances of being discovered are much greater.

Misusing a California Handicap Parking Placard has always been punishable with a fine, but did you ever think about facing a $1000 fine and also being charged with petty theft? What many people forget is that not only does the California handicap placard allow you to park in convenient spots, you are also allowed to park free of charge. Imagine the revenue dollars that go uncollected via this mode of theft. On January 1, 2010, a new law will go into effect in California AB144 Handicap Placard Misuse, an act to amend Section 1465.6 of the Penal Code, and to amend Sections 22511.57 and 42001.13 of the Vehicle Code, relating to vehicles. Recently, the New York Times had an interesting article about AB144 “In California, a Fight Against Faux Disabilities and Fake Permits.”

As January 1, 2010 approaches, we invite you to view an
Informational Video on Suspected Placard Abuse video and read a testimonial from one of our clients who was accused of misusing a stolen handicap placard.

“I was charged with Penal Code Sections 496 (Receiving Stolen Property) and 485 (Petty Theft of Lost Property). I was alleged to have received a stolen handicap parking placard and unlawfully appropriating it for my own use. I hired Attorney William W. Bruzzo to represent me in this matter. My most important concern was keeping my record clean as I am planning on becoming a teacher some day. 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 a class. 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.” ~ RC, August 7, 2009

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.

If you were an avid fan of Seinfeld or if you enjoy watching syndicated Seinfeld reruns, then you will probably remember the famous episode called “The Bookstore.” This is episode 173 from the 9th season, which aired originally April 9, 1998.  Like all Seinfeld episodes, this episode had numerous plotlines, but who can forget when Jerry discovers that Uncle Leo is shoplifting and even Jerry’s parents defend Uncle Leo’s behavior saying something like “it is not stealing, if you need it!” While we might laugh at this over-the-top sitcom, the truth is being accused of shoplifting is no laughing matter. And in California shoplifting is usually charged as petty theft.

Should you be arrested for petty theft in Orange County, California, be sure to seek legal counsel. William Bruzzo is the senior attorney in the Law Offices of William W. Bruzzo and he has been a practicing attorney since 1993. Here is one client’s testimonial regarding being charged with petty theft and his case outcome.

“I was accused of petty theft [a violation of Penal Code Section 484(a)-488 a misdemeanor] and told to appear in the Orange County Superior court. It was alleged that I took an item from Sears without paying for it.

I hired Mr. Bruzzo because of his years of experience in the Orange County courts and his familiarity with all the District Attorneys. I knew that only a lawyer practicing in Orange County for quite some time would be able to get me the result I desired.

I am a nursing school graduate and have hopes of becoming a licensed nurse one day. The criminal charges against me were keeping me from pursuing this dream. Any conviction for a theft offense could have resulted in the end of my career.
Thankfully, Mr. Bruzzo was able to get me a complete DISMISSAL after just a few court appearances. All I had to do was complete a short class and give a DNA sample. Mr. Bruzzo took care of everything from the beginning to the end. Thanks to him, my record is clean.

I am happy to recommend Mr. Bruzzo to anyone facing a criminal charge, especially petty theft.” ~~ MO, June 5, 2009

Many times when we are watching television news or a crime drama we hear the phrases petty theft or grand theft. In most states the value of the stolen item(s) will determine what crime will be charged. In California the most common theft charge is Petty Theft (Penal Code Section 488); this can only be charged as a misdemeanor. It carries a maximum of 1 year in jail. Generally speaking if the item(s) stolen are $400.00 or less then the matter can be charged as a Petty Theft. But you need to understand: A PETTY THEFT VIOLATION WITH A PRIOR PETTY THEFT CONVICTION CAN CAUSE THE NEW CASE TO BE FILED AS A FELONY AND THE CLIENT SENT TO STATE PRISON.

Here is a testimonial from one person who was charged with petty theft in Orange County, California.

“I was accused of petty theft [a violation of Penal Code Section 484(a)-488 a misdemeanor] and told to appear in the Orange County Superior court. It was alleged that I took an item worth over $300.00 from a store without paying for it. The maximum jail sentence for this crime is 6 months in jail. I hired Mr. Bruzzo because of his years of experience in the Orange County courts and his familiarity with all the District Attorneys. I knew that only a lawyer practicing in Orange County for quite some time would be able to get me the result I desired. In addition, as I am not a citizen there would have been serious immigration consequences for me if I had been convicted of this crime. Mr. Bruzzo went to court several times in an effort to negotiate my case. Thankfully, he was able to get me a complete DISMISSAL after just a few court appearances. All I had to do was complete a short class and give a DNA sample. Mr. Bruzzo took care of everything from the beginning to the end. Thanks to him, my record is clean.

I am happy to recommend Mr. Bruzzo to anyone facing a criminal charge, especially petty theft.” ~~ RT August 13, 2009

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).