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.

Prosecutors have alleged that Najera, an only child, stole more than $18,000 of his parents’ money and wanted them dead so he could inherit their life savings. Najera spent his time partying with his parents’ money and spent the $18,000 on visits to a Santa Ana strip club. Prosecutors are alleging that Najera left a window open on the night of the murder, so Johnson could sneak in and kill Najera’s parents.

Two Orange County men are facing charges in federal court for conspiracy for coordinating the smuggling of live birds into the United States.

Duc Le entered a plea in federal court to conspiracy and now faces a maximum sentence of five years in prison at his sentencing on June 23rd. And, Sony Dong pleaded guilty to smuggling and faces a maximum of 20 years in prison.

Dong admitted to flying from Vietnam to Los Angeles International airport (LAX) with 14 live birds strapped to his legs under his pants. He was searched after the plane landed because birds’ feathers were peeking out from his pants.

Assistant U.S. Attorney Mark Williams has commented that birds from Southeast Asia commonly carry avian influenza and usually have to be quarantined before coming into the U.S. in addition to the requirement that individuals must obtain permits before bringing in such wildlife.

PHOTOS COURTESY OF U.S. FISH AND WILDLIFE SERVICE

In an effort to curb state spending and move toward greater efficiency in inmate healthcare, Gov. Schwarzenegger is proposing to have the University of California provide medical attention to state inmates. This move would could save California $300 billion this year alone according to the Los Angeles Times article. In order to reduce spending the new system would include electronic record keeping that can be easily accessed by doctors, buying medicines in bulk, and using video communication between doctors and inmate patients. The state would no longer send inmates to community hospitals instead the prisons would send their inmates to hospitals designated under the plan. Some details still have to be worked out with worker’s unions for current employees that might have to be let go or work within the new system. Also, any concerns lawmakers or federal judges may have still need to be considered. Oversight of the prison healthcare service would be removed from federal judges and taken on by the University of California. A state agency comprised of governor appointees, federal court representatives, and correctional administrators would check the UC and make sure care and spending are appropriate.

An 18-year-old driving a gray Ferrari crashed into a tow truck killing his passenger on December 24, 2009 in Newport Beach, Orange County, California. Luicci Nader, the driver, remains in critical condition and is unable to speak to authorities after having lost control of his vehicle due to excessive speed. No alcohol was involved in the accident; however, Nader still faces possible charges of manslaughter if he recovers.

Under California Penal Code Section 192, manslaughter is “he unlawful killing of a human being without malice.” There are three types of manslaughter- 1) Voluntary, 2) Involuntary, and 3) Vehicular. The above case would most likely fall under the category of vehicular manslaughter as the driver was driving the vehicle while unlawfully speeding and it resulted in the death of his passenger. Because Nader was grossly negligent, he could be convicted for vehicular manslaughter and receive up to 6 years in prison.

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

The week prior to Thanksgiving someone apparently intentionally set a fire in the men’s restroom of the Orange Public Library. Fortunately, no one was hurt, but the building was evacuated and the restroom sustained some minimal damage. The fire is under investigation.

California Penal Code Section 451 states, “A person is guilty of arson when he or she willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of, any structure, forest land, or property.”

So, to prove that someone is guilty of the crime of arson, the State must prove that (1) The defendant damaged or destroyed with fire all or part of something; And (2) The defendant acted on purpose intending to defraud, annoy, or injure someone else.

Arson includes burning someone’s clothing or trash not belonging to anyone. The punishment for arson varies depending on what damage results from the fire. The crime can be charged as a felony punishable by imprisonment in the state prison for five, seven, or nine years if great bodily injury results. Arson of property (not one’s own) is a felony punishable by imprisonment in the state prison for 16 months, two, or three years.

If you have a criminal record, no matter how old you were at the time of the conviction, there are three different legal methods for cleaning up your criminal record. The first is an Expungement; the second is a Certificate of Rehabilitation; and the third is a Pardon.

Here is a real-life example of one client’s experience when a past criminal record threatened to impact securing a state license for a new career.

CERTIFICATE OF REHABILITATION (California Penal Code Section 4852.01 and sequential)

“I was convicted of the criminal charge concerning conspiracy to sell a controlled substance under Health and Safety Code Section 11352 over 20 years ago in an Orange County Superior Court. I was sentenced to three years of formal probation, which I successfully completed, with a suspended state prison term of five years. I was 26 years old at the time and this has been the only criminal offense on my record. I applied to the Respiratory Care Board of California to become licensed as a respiratory therapist, but my application was denied as a result of my criminal record. This cut my salary in half. I was informed that to “clean” my record, I had to do an Expungement, Certificate of Rehabilitation and Pardon. A Certificate of Rehabilitation is the second step toward a Pardon. Mr. Bruzzo filed a Certificate of Rehabilitation on my behalf, which was GRANTED. Because it was granted, the Certificate of Rehabilitation became an automatic Pardon application. Mr. Bruzzo’s legal knowledge and experience truly benefited me in my case.” ~ GA Date:11/10/09

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.

Every hit and run case will have a slightly different outcome for the accused. Seeking legal representation or not can mean the difference between home confinement versus prison for a hit and run violation. Today we bring you a new testimonial from our client accused of four felony counts and facing a five year prison sentence.

“I was charged with felony hit and run (Vehicle Code Section 20001(a)) and three additional counts of felony reckless driving (Vehicle Code 23105(a). [Maximum Prison time of 5 years] I was alleged to have driven in a reckless manner injuring my four passengers and then left the scene. The District Attorney initially wanted to send me to prison. I hired Attorney William Bruzzo to represent me in this matter as I know he is an excellent attorney who fights for his clients. Mr. Bruzzo fought very hard for me with the result that I got the felony hit and run (Vehicle Code Section 20001(a) DISMISSED; I pled guilty to one count of reckless driving (Vehicle Code Section 23105(a) and I was permitted to do my time on home confinement. This was a very good result and I am very grateful to Mr. Bruzzo. I would enthusiastically recommend him for any criminal matter.” ~~ KA 11/13/2009