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.

Products such as “Spice” are herbs that are laced with these compounds and are sold in convenience stores. Teens and younger adults are the main demographic that use the products. There have been instances where the users end up in the emergency room due to severe reactions to the use. Some symptoms are strong anxiety, hallucinations, and psychotic episodes. People use the synthetic drugs because they usually cannot be detected by drug testing. Service men and women in the military are also being reprimanded if they get caught using “Spice”.

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

Related Articles

• Teen’s death officially linked to synthetic pot (ajc.com)
• Fake marijuana, ‘bath salts’ bill passes U.S. Senate (troyrecord.com)

Notably, while these charges usually concern “street drugs” like Cocaine and Methamphetamine they can also apply to substances commonly thought of as medications.

If you are found in actual possession of the drug or “constructive” possession of the drug you may be found guilty of the offense. Constructive possession means that the drug may not be on your person but you knowingly exercise control over or the right to control the drug, either directly or through another person or persons. In order for the prosecution to prove its case they must show that the person knew the substance was a controlled substance and that there was enough of the drug to constitute a usable amount.

In California this offense is a felony and you may face up to three years in prison. Here is a recent case result:

“I was charged with Health and Safety Code Section 11377(a)(Possession of a controlled substance HS 11377(a)a felony which carries a maximum of 3 years in prison. I had previous convictions for the same charge and I had similar charges pending. I was also charged with driving on a suspended license (Vehicle Code Section 14601.1 – VC 14601.1) and possession of paraphernalia (Health and Safety Code Section 11364 – HS 11364(a)) as misdemeanors. I hired Mr. William Bruzzo because he was recommended by another attorney and because of his familiarity with the Orange County courts and the District Attorney. The original offer prior to hiring Mr. Bruzzo was 180 days in jail and pleading guilty to a felony. Mr. Bruzzo convinced the District Attorney there was not a useable amount of the controlled substance and that my driving on a suspended license was justifiable by Necessity, even though I had priors [convictions] for [that charge] too. Mr. Bruzzo got the possession charge DISMISSED [Health and Safety Code Section 11377(a) – HS 11377(a)]and the Vehicle Code Section 14601.1 [Driving on a suspended license – VC 14601.1] DISMISSED. I pleaded guilty to one count of possession of paraphernalia as a misdemeanor [Health and Safety Code Section 11364(a) – HS 11364] and I got CAL TRANS [instead of jail]. I would enthusiastically recommend Mr. Bruzzo for any possession of a controlled substance case or any criminal matter.” ~~ CK, December 9, 2009