False imprisonment by store security or night club security is common
Retailers and night club owners have the right to protect their property and patrons from criminal activity. In the case of retailers, a store owner has what is called the “shopkeepers privilege”. This allows the store security to detain you for a reasonable period of time if they have reasonably believed a crime occurred.
However, in the context of such situations, poorly trained security officers can falsely imprison customers who have done nothing wrong. In one of my cases, the defendant was offered a sample from an employee who spoke very little English. He was subsequently physically taken from the front of the store, in front of his fiance and handcuffed in the security office. This is false imprisonment.
Because the officer did not bother to check and see whether the sample was free, or even speak with the employee, the store is probably now looking at substantial liability on their part. To exacerbate the matter, the District Attorney of that County filed criminal charges against the customer, based upon the report of the security officer. The police were never called.
California self-defense and martial arts training
With the ever-rising popularity of MMA (Mixed-martial arts) it is likely that more and more criminal cases will be prosecuted in which the victims and/or perpetrators will have had some level of training. It is important to understand that, to quote self-defense expert Animal MacYoung, “The problem with self-defense training is 1) that it doesn’t work and 2) that it does work”.
I am not trying to be funny when I say that, and neither was he. The psychology of self-defense is an enormous, complex area and the law is as well. All the training in the world will not protect you from facing criminal charges if you have committed acts construed as criminal by the police and DA’s.
First, it is a myth that a trained martial artist must be registered as a deadly weapon, or for that matter, that their hands and feet are considered deadly weapons. Yet martial arts training in California is taken into account when the question of self-defense is raised.
You are allowed to physically defend yourself with only that amount of force that is reasonably necessary to do so. If a drunk at a bar grabs your girlfriend, you are not allowed to “ground and pound” them like an MMA fighter. Once the engagement breaks off, you are not allowed to continue it, and you are not allowed to escalate the matter further. If a highly-trained fighter is in a confrontation with a drunken car mechanic who can barely stand up, it’s going to be difficult for you to argue self-defense. That is why, on the continuum of self-defense acts, someone with training is a lot better off staying out of trouble.
A good example of clearly felony assault is the case of Bobby Joe Blythe a former martial arts instructor who recently posted a video of one of his students attacking and seriously injuring a man who appears mentally disturbed.
The point at which the victim says “You got it” is where the perpetrator has no claim to self-defense whatsoever. This is important to understand. If the fight is over, then it is over.
Sonoma County DMV hearings and DUI
If you have been arrested in Sonoma County for DUI, you will almost certainly be charged with the crime of driving under the influence, and your name forwarded to the California Department of Motor Vehicles.
Thus, your case will go forward in two different avenues, the criminal court and the administrative arm of the DMV that deals with these matters.
Your license is a privilege, not a right. That means that the laws and standards are vastly different. Most importantly, YOU HAVE ONLY TEN DAYS TO REQUEST A DMV HEARING BEFORE YOUR LICENSE IS SUSPENDED AUTOMATICALLY. Yes, you read that correctly. Ten days.
The following is an excerpt from the California Department of Motor Vehicles Website which you can find here.
“How is the DMV hearing different from the court trial for DUI?
The DMV hearing is an administrative proceeding regarding your driving privilege and the circumstances surrounding the arrest, not whether you are innocent or guilty of a criminal act. Only the following issues will be discussed:
If you took a blood or breath or (if applicable) a urine test:
* Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or 23153 ?
* Were you placed under lawful arrest?
* Were you driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood?
If you refused or failed to complete a blood, breath test, or (if applicable) a urine test:
* Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or, 23153 ?
* Were you placed under lawful arrest?
* Were you told that if you refused to submit to or failed to complete a test of your blood, breath, or (when applicable) urine, your driving privilege would be suspended for one year or revoked for two or three years?
* Did you refuse to submit to or failed to complete a blood or breath test, or (if applicable) a urine test after being requested to do so by a peace officer?”
Only an attorney is qualified to sort out all of the issues in this situation by examining the police report and any other evidence. Having your license suspended can be extremely damaging to your life. If you are a professional driver, then that makes it that much more important to get legal help.
Arrested by the police?
If you have been arrested by the police, more than likely you are going to have a lot of questions. That is why it is important to understand the process. A misdemeanor is a crime that is punishable by a sentence of less than a year in prison. A felony is a crime that is punishable by more than one year. Misdemeanors commonly end up with the defendant, if convicted, serving probation or a short jail term depending upon the crime and whether there is a previous criminal record.
1. The first step is your arraignment. An arraignment is your first court date, where your rights are explained to you and the charges which have been filed against you are presented to the court. The best thing to do, if you don’t have a lawyer, is explain to the court that you would like to get one. They will more than likely give you time for that. You should be aware that the District Attorney will likely ask for the harshest penalty possible when charging the crime.
2. You attorney will more than likely enter a plea of not guilty, waive time, and set the matter for another hearing while he or she explores the facts of the case and determines whether or not you can mount a real defense to the crime. By waiving time that means you are giving up your right to a speedy trial so your lawyer can investigate the facts.
3. Next, many attorneys file pre-trial motions, such as a Motion to Suppress Evidence under Evidence Code 1538.5. If there has been a violation of your rights, then evidence may have been illegally obtained and then cannot be used against you at trial. This may lead to the dismissal of the charges.
4. Finally comes the trial. The District Attorney presents his case and evidence against you, and you will be tried by either a judge or a jury. Many times if there is a weakness in the case, there will be a deal before trial or an outright dismissal. Unlike television, it tends to be far less dramatic and far more technical, with a layperson not understanding a lot of what is happening.
If you are convicted of a criminal offense, the results can be devastating. It may make it difficult for you to get certain jobs, may effect your credibility if you ever testify in court on behalf of another person, or even effect your business as often people doing business will check on such things.
Even if you feel like your certain to be convicted, it is doubtful that you have the information and knowledge to make that determination. If you were sick you wouldn’t diagnose and treat yourself. Why would you handle your own criminal case?
The fact is that an attorney can at the very least give you the peace of mind knowing that you had your case examined and that you did everything you could to fight it. There is no shortage of people why come into my office with previous cases that might have had a different outcome if they had an attorney from the start.
Persons convicted of domestic violence lose child custody
California Family Code Section 3044
3044. “(a) Upon a finding by the court that a party seeking custody of a child has perpetrated domestic violence against the other party seeking custody of the child or against the child or the child’s siblings within the previous five years, there is a rebuttable presumption that an award of sole or joint physical or legal custody of a child to a person who has perpetrated domestic violence is detrimental to the best interest of the child, pursuant to Section 3011. This presumption may only be rebutted by a preponderance of the evidence.”
That means that if you are convicted of domestic violence, then the odds are stacked against you and more than likely you will lose total custody of your child. Someone who violently attacks a partner deserves to lose custody, and despite the harsh penalties, violence against partners continues.
Of course, not everyone who is accused of domestic violence is guilty of it. Fabricated allegations of child abuse and domestic violence are a common method for a partner to gain the upper hand in a contested divorce. This, of course, hurts people are really are victims of domestic violence because it takes valuable police time and court time to sort out the false charges from the real ones.
Many times, the accuser can actually be the assailant in the crime because a person defending themselves can leave bruises or marks while the perpetrator of the crime was unable to do so. Without an attorney who has the time to understand your case, investigate the crime, and bring forward all the evidence, a victim can not only end up with a criminal record, but lose all parental rights.
Hit & Run: California Penal Code 20001
The driver of any vehicle involved in an accident resulting in injury to any person, other than himself or herself, or in the death of any person shall immediately stop the vehicle at the scene of the accident. Any person who violates this law shall be punished by imprisonment in the state prison, or in a county jail for not more than one year, or by a fine of not less than $1,000 nor more than $10,000, or by both that imprisonment and fine. If the accident results in death or permanent, serious injury, any person who violates this law shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than 90 days nor more than one year, or by a fine of not less than $1,000 nor more than $10,000, or by both that imprisonment and fine. However, the court, in the interests of justice and for reasons stated in the record, may reduce or eliminate the minimum imprisonment required by this paragraph.
Sex Offender Law: Unfair
The Fourth District Court of Appeal in Santa Ana ruled Wednsday that Prop. 83, which prevented sex offenders from living 2.000 feet from a school or park is punitive in nature and therefore retroactively would punish sex offenders who would be forced out of their homes.
Yount Vs. City Of Sacremento
A recent California Supreme Court decision has allowed an arrested person who was shot in the buttocks while resisting arrest to file a civil complaint despite his conviction. Sacramento Police officers arrested Yount on suspicion of drunk driving. An officer mistakenly pulled out his pistol instead of his taser and shot Yount once in the buttocks. Yount entered a plea of no contest to resisting arrest under PC 148.
The essence of the majority decision rested upon the notion that because Yount’s resistance did not justify the use of deadly force, Yount’s claim was not barred.
-source Metropolitan News-Enterprise
Are High Profile Murders With Juvenile Suspects Part Of A Trend?
From: Steven Mayer, The Bakersfield Californian
Dec. 6–The headlines earlier this year were enough to leave an entire community shaken:
Five boys, some as young as 13, accused in beating death of 81-year-old man. Then it happened again:
Two teens charged in stabbing death of elderly couple in southwest Bakersfield. When underage boys — and sometimes girls — commit violent and serious felonies, communities struggle to respond. Some say it’s a symptom of a sick society where violent video games, single-parent families and glorification of gang culture have become commonplace. Others say shocking crimes committed by children are nothing new and still relatively rare, and that the advent of a new juvenile crime wave is not in evidence.
PROSECUTING KIDS One thing is certain. The Kern County District Attorney’s office is prosecuting more juvenile offenders as adults than before.
In the past year, the number of kids charged as adults increased exponentially. In 2006 there were nine. Last year the number of juveniles charged as adults was 52, according to statistics from the Kern County Probation Department’s juvenile division. Overall the numbers are growing as well.
Two years ago, about 17,000 minors faced possible criminal charges in Kern County. Two years later, that number had jumped by 11.8 percent. That’s not just population growth. During the same years, Kern’s juvenile population increased by just 2.3 percent, according to the U.S. Census.
BEHIND THE NUMBERS Much of the increase in kids being charged as adults can be attributed to a policy decision inside the DA’s office to take a harder line against juvenile offenders viewed as violent, serious or habitual, said Michael Vendrasco, the deputy district attorney who supervises the prosecution of juveniles in Kern County.
But Vendrasco sees other reasons for the increase as well. “Some crimes just stand out,” Vendrasco said.
“The public is concerned,” he added. “There are neighborhoods out there where the streets are not safe.” Defense attorneys say high-profile juvenile crimes that garner a lot of attention in the news media do not justify the conclusion that there’s a statistical increase in violent juvenile crime. In fact, juvenile crime has been dropping statewide.
In a 10-year period ending in 2005, the number of juvenile felony arrests fell by one-third, even as the population of juveniles in California increased by some 24 percent, according to a state analysis. “Statistically, you can demonstrate a decrease in juvenile crime,” said Kern County Public Defender Mark Arnold.
The increase in the number of juveniles prosecuted as adults is strictly a result of decisions made in the DA’s office, Arnold said. “It’s not a direct reflection of an increase in the number of juvenile offenses,” he said.
