Criminal Law Blog

Judge Stays Extreme Public Humiliation Punishment for DUI Offender

Tue, 08 May 2012 17:56:00 GMT

You don't need to be a San Diego criminal defense attorney to know that when punishments for crimes are excessive, it does nothing to reduce incidents of crime, but actually propagates recidivism rates. That is the lesson that we need to take away from an incident in Texas, where a judge ordered a person involved in a drunk driving accident, to visit the scene of the accident, wearing a sign, saying that he was a drunk driver who had killed the victim. The judge has now decided to suspend this appalling public humiliation.

The judge announced the punishment for 39-year-old Michael Giacona. In June 2011, Giacona was driving under the influence of alcohol, when he ran a red light, and crashed into a car driven by a 20-year-old man. The young motorist was killed instantly in the accident.

Giacona was convicted of driving under the influence of alcohol, and sentenced to 90 days in jail. He was also placed on probation for 2 years. One of the conditions of the probation was that he visit the site of the accident with a placard around his neck, reading I Killed Alan Pennywell While Driving Drunk.

He was required to wear the placard, and visit the accident scene between 9 am and 5 pm on every consecutive Saturday for 4 weeks. He was also ordered by the judge to keep a picture of the deceased motorist’s demolished car in his house, and asked to undergo an Alcoholics Anonymous program.

Giacona, as per the ludicrous terms of his probation, has been visiting the accident site with the placard. As to be expected, he has been subjected to extreme public humiliation, and threats. However, the judge has now agreed to reassess the sentence, and has suspended the punishment for the time being.

It's hard for San Diego criminal defense lawyer to tell exactly what the judge had hoped to accomplish by subjecting Giacona to this kind of humiliation.

Moves to Prosecute Children Who Make False Sex Crimes Allegations Against Teachers

Sat, 28 Apr 2012 00:05:00 GMT

A number of school sex abuse scandals have hit the headlines in California recently. Many allegations of sex crimes involving teachers are proven, but unfortunately, as San Diego sex crimes lawyers know, many are not. Across the pond, authorities are proposing the prosecution of students who make false allegations of abuse and other crimes against teachers.

A recent study in the UK found that a majority of the allegations of sex crimes, sex abuse, assault and other crimes made by students against teachers were unsubstantiated. The UK's largest teachers union is reacting to this increase in baseless and unfounded allegations against teachers.

The National Association of Schoolmasters Union of Women Teachers represents teachers throughout the United Kingdom. According to data from the union, less than one out of every 20 allegations made by children against schoolteachers resulted in any kind of court action. These allegations included everything from assaults to threats. According to the union, in 2011, most allegations that were made by children against teachers did not result in court action. A total of 103 claims were made that year. However, no legal action was taken in more than 60 of these claims. Another 39 claims are yet to be concluded, but the union estimates that it is very unlikely that most of these claims made it to court either.

Now, the union is insisting that children who make false allegations against teachers be prosecuted. They want schools to have procedures in place under which a child who makes any allegation against a teacher is made aware right at the beginning of the investigation that if, later down the line, he or she is found to have lied, there will be serious consequences.

Some new measures are now in place to protect teachers. For instance, a new piece of legislation gives teachers the right to anonymity until they are actually charged with a criminal offense. Additionally, schools have been ordered to speed up investigations into claims made by children against teachers. However, many teachers believe that these measures are insufficient to protect them from such unsubstantiated allegations.

Click Here to find out more information on preventing child sexual abuse.

Parents Have Significant Role to Play in Preventing Teenage DUI

Thu, 05 Apr 2012 15:55:00 GMT

For years, the public perception has held that teenage drivers are at a higher risk of driving under the influence, because of peer pressure. However, a new study indicates to San Diego DUI lawyers that that perception is no longer true.

According to the study, parents have a much bigger role to play in determining whether children end up driving under the influence, than friends. The study was conducted by a nonprofit group called The Century Council , which focuses on raising awareness about the dangers of underage drinking. The study has been released to coincide with Alcohol Awareness Month. The researchers were looking at the greatest influences on teenagers’ drinking practices.

According to the study, approximately 83% of teens between the age of 10 and 18 admitted that their parents were the biggest influences in their alcohol-related decisions. This included teens who did not drink all, drank minimally, or drank responsibly.

This was a surprising finding, because earlier studies have indicated that parents do not play a significant role in determining a person's drinking practices, compared to peers. In 2003, a similar study showed parental influence figures that were about 20% lower.

According to the respondents, there are other influences that also determine a person's risk of driving under the influence of alcohol. For instance, 28% of the persons admitted that the threat of punishment determined their risk for drunk driving. About 22% of the respondents said that their brothers and sisters influenced their drinking practices, and 23% said that law-enforcement officers influenced their drinking policies.

What this indicates to San Diego DUI attorneys is that parents must track their children's driving practices at all time. Look for signs of drinking, and monitor the kind of friends that your teenager hangs out with.

Escondido to Review Towing Fees after Criticism of DUI Checkpoint Policies

Mon, 26 Mar 2012 01:37:00 GMT

The City of Escondido has agreed to review its towing fees after scathing criticism of its DUI checkpoint policies. The criticism came from the American Civil Liberties Union, which called the DUI checkpoint policies in the city some of the most extreme in California.

The report by the American Civil Liberties Union report was released last week, and raises questions about the motivations behind the city's DUI checkpoint and impoundment policies. San Diego DUI attorneys have frequently leveled such criticism not only at Escondido’s DUI checkpoint policies, but similar policies across the state of California. Cities like Los Angeles have also dealt with criticism that their DUI checkpoints are more a vehicle for enriching the city coffers with impoundment revenues, than any real effort to get drunk drivers off the street.

The ACLU elaborates on the same theme in its report, saying that the impoundment practices in Escondido unfairly target undocumented immigrants, who may be driving without a valid license. These individuals may have their vehicles impounded, and may have to pay thousands of dollars in fees to be able to retrieve their car.

Many of the impounded cars belong to people from Hispanic and low-income communities, who may not be able to raise the money required to retrieve their car. That means more economic hardships for an already impoverished community, because these people now don't have the means to walk to work or to school.

According to the ACLU Report, which was based on a journalistic investigation, Escondido may be profiting from the revenues from these checkpoints which include towing fees, towing contracts as well grants from the California's Office of Traffic Safety. Under California law, cities must not charge towing fees that are higher than the actual costs of the towing expenses involved. However, an evaluation of Escondido’s towing fees finds that the city's calculations of its towing expenses have hit the roof since 2004, and include what the report calls ‘creative’ and ‘suspect’ expenses.

The San Diego Union-Tribune Reports on the SDSU Felony Assault Case

Thu, 15 Mar 2012 07:52:00 GMT

U-T San Diego ran a story this week about a Felony Assault Case involving two San Diego State University football players. Attorney Michael Berg, who represents another player who was under investigation but ultimately not charged, is featured in the article.

See the article here: SDSU teammates at odds in felony case

Spike in Teachers Accused of Sex Crimes in California

Thu, 08 Mar 2012 19:40:00 GMT

According to a report by the Commission on Teacher Credentialing, there was an increase in the number of teachers charged with sex crimes in California last year. However, there was also a decline in the number of teacher misconduct complaints that were reported to the Commission during the same year.

During the year 2010-2011, the California State Commission on Teacher Credentialing opened 129 cases that involved allegations of sex crimes, an increase of 112 cases in the previous year. The Commission also saw an increase in the number of teachers charged with non-sexual crimes in the same period of time. These increased from 240 in the previous year, to 254 in 2010-2011.

However, what San Diego sex crime lawyers find really interesting is that the overall number of teacher misconduct complaints that were reported to the Commission actually declined from 5,662 the previous year, to 5,400 last year.

San Diego criminal defense attorneys are also not surprised to find that complaints alleging teacher sex crimes increased after the Miramonte Elementary School sex abuse scandal broke recently. A veteran teacher of that school has been charged with 20 counts of lewd conduct.

While San Diego criminal defense attorneys have sympathy for any victims who have been subjected to any kind of abuse by their teachers, it's also worrisome to see that when teachers are charged with sex crimes, they are treated as guilty until proven innocent. Accusations against teachers are widely reported in the media, and a teacher’s character and conduct is subject to great scrutiny even before the charges are unsubstantiated. Sometimes, when a teacher is charged with a sex crime, other children in the school are subjected to suggestive questioning by parents, leading to more alleged ‘victims’ coming forward.

George Huguely Convicted of Second-Degree Murder

Mon, 27 Feb 2012 23:39:00 GMT

Former University of Washington student George Huguely V was recently convicted of 2nd degree murder. The conviction came after a trial that was watched closely by San Diego criminal defense attorneys and captured nationwide media attention. The jury has recommended that he be sentenced to 6 years in prison.

Huguely, a former star lacrosse player at the University Of Virginia was tried on charges related to the murder of his girlfriend Yeardley Love. Love, also a University Of Virginia student, was found dead at her off-campus apartment. Autopsies revealed that she died from blunt force trauma to the head.

Huguely and his lawyers did not deny that he confronted Love at her apartment on the day of her death. They also did not deny that he was under the influence of alcohol at the time. By his own admission, he had consumed several alcoholic beverages just before he rushed off to her apartment to fight with her about her alleged infidelity.

Prosecutors alleged that Huguely killed Love in a fit of alcohol-induced rage. They alleged that he had made threats to kill her during earlier altercations, and simply made good on those threats. A jury has now agreed with them, and has found Huguely guilty of second-degree murder and grand larceny. The jury has recommended that he be sentenced to 26 years in prison, and his sentencing is scheduled for April 16.

The jury however did not convict Huguely on charges of first-degree murder, finding little evidence to show that the murder was premeditated. It also acquitted him on several other charges, including robbery and breaking and entering to commit larceny.

What this trial also did seem to point to was the close nexus between alcohol abuse in college, and crimes among college students. The Huguely murder trial was closely linked to alcohol use, and his friends admit that Huguely had a drinking problem. Even his defense lawyers dwelled on this fact, calling him a ‘stupid drunk’ who meant no harm, while trying to explain his actions on the day of Love’s death.

Erickson Sentenced in Baby Selling Ring Case

Mon, 27 Feb 2012 16:22:00 GMT

Criminal defense attorney Michael Berg was interviewed on NBC explaining his defendants position on the accusations of a "Baby Selling Ring".

View more videos at: http://nbcsandiego.com.

Cops Arrest Man for Driving Zamboni Under the Influence

Tue, 07 Feb 2012 20:09:00 GMT

To the list of police officers overreacting when they see persons operating vehicles that can barely be described as vehicles, under the influence, you can now add officers in Minnesota. Cops there arrested a 34-year-old man, for driving his Zamboni while intoxicated.

The 34-year-old man was operating the Zamboni, which is an ice resurfacing machine. Witnesses at the scene said that they saw the Zamboni careening across the ice, and bouncing off the sidewalk.

When police officers responded to the scene, they saw the man at the ice rink, operating the Zamboni. When the officers approached the man, they smelled alcohol, and found that the man was unsteady on his feet. Officers administered a field sobriety test, and the man was then taken to the police station where he was subjected to a blood alcohol test.

The last time that San Diego DUI lawyers can remember a Zamboni being involved in a DUI was back in 2005. In that incident, a 63-year-old man in New Jersey was arrested for driving a Zamboni under the influence of alcohol at a rink. However, in that case, the judge dismissed the charges, because he believed that the Zamboni was not a motor vehicle. He based this decision on the presumption that the Zamboni cannot carry passengers, and cannot be used on roadways like other vehicles can, and therefore, does not meet the defining criteria for a motor vehicle.

In recent years, law enforcement officers have pulled over persons for operating a number of vehicles under the influence. There have been a number of amusing but frustrating instances where persons have been arrested for driving lawnmowers, beer coolers, and even a motorized recliner under the influence.

San Diego Man Arrested for DUI 3 Times in 5 Days

Sun, 29 Jan 2012 17:24:00 GMT

San Diego law enforcement officers responding to reports of a drunk driver on Seacoast Drive were not expecting to see a man they had arrested at least twice earlier in the same week.

San Diego police had pulled over him over on January 17, and troopers of the California Highway Patrol had pulled him over last week on suspicion of drunk driving. Over the weekend, Sheriff’s deputies received a report of a drunk driver, and reached the scene to find that it was Lakarnafeaux again. He had already moved to another bar to get more beer. He was arrested and booked into the San Diego Central Jail, in his 3rd arrest of the week. He is being held on a $100,000 bail.

A person who has been arrested for DUI on more than one occasion needs to get in touch with a San Diego DUI lawyer as quickly as possible. Being charged with repeat DUI's can substantially increase the penalties that you're eligible for.

For instance, you can expect to pay substantially higher fines for a 2nd or 3rd DUI, than for the first one. After a 2nd DUI conviction, a person can have his license suspended for the first 2 years. After the 3rd DUI conviction, the license suspension can last for 3 years. There is a possibility that your vehicle could be confiscated for a 3rd offense.

That’s not all. People with multiple DUI convictions can also be required to have an ignition interlock device installed in their vehicle. The device prevents a drunk motorist from driving, by shutting down the car's ignition if it detects too much alcohol on their breath.

By age 23, a Third of Americans Have Been Arrested for Non-Traffic Offenses

Tue, 03 Jan 2012 20:24:00 GMT

You don't have to be a San Diego criminal defense lawyer to know that the justice system in the United States has become increasingly aggressive and punitive over the last few decades. A new study confirms just how serious the problem of over-criminalization of American society is. According to the study, approximately one-third of Americans have been arrested for a crime by the age of 23.

The study analyzed data from the National Longitudinal Survey of Youth, and is believed to be the first of its kind since the 60s to analyze arrest statistics pertaining to adolescents and young adults. The study found that approximately 30.2% of young adults aged 23, who were considered in the analysis, had been arrested for non-traffic crimes. The last such study was conducted back in 1965, and in that year, the number of people arrested was just 22%.

It's obvious that those higher arrest numbers are the result of the justice system becoming increasingly aggressive over this period of time. The arrest rates for some kinds of crimes, like drug crimes, have simply skyrocketed.

This particular study did not look at the difference in arrest rates based on race, but earlier studies have found that blacks were more likely to be arrested at a younger age, than people of other ethnic groups. Additionally, people from lower socio-economic communities were also more likely to be arrested at an earlier age.

According to the research, the risk of being arrested is at its peak when the person is about 18 years old. Approximately 15.9% of the persons in the survey had been arrested at this age. The arrest rates began to taper out when the persons entered their 20s.

Teenage Sexting Not As Widespread As Believed

Thu, 08 Dec 2011 00:01:00 GMT

The popular belief is that the practice of sexting, or sending or transmitting of nude, seminude and explicit sexual images via electronic communication devices, is widespread among teenagers. However, a new study that has just been published in the Journal Pediatrics indicates that that is far from the truth. According to the study, the number of teenagers who indulge in sexting- a practice which could actually place them at risk of being charged with sex crimes in California - is quite low.

The study found that 1 in 10 minors between the age of 10 and 17 have sent or received nude, semi nude or sexually explicit images or other material on their cell phones over the past year. According to previous studies, the number of minors engaging in sexting was as high as 1 in 5. The problem of sexting involving teenagers has been painted by many as something of a national crisis, especially after a series of incidents in which teenagers, who were found with sexually explicit material on their cell phones, were charged with sex crimes. According to this latest study, however, the practice of sexting may be much more common among adults than teenagers.

Overall, according to the study, 149 youths or just 9.6% of the people in the survey admitted that they had sent or received sexually explicit material on their cell phones at least once over the past year. Among those who had indulged in sexting, just over 2% said that they had sent or received messages that included pictures of themselves. About 7% admitted that they had received sexually explicit content on their cell phones from someone else.

As any San Diego criminal defense lawyer knows, the intent behind sexting involving most teens is not malicious or criminal in nature. Many cases where teenagers are found exchanging sexually explicit material, involve pranks, an exchange of content between 2 teenagers in a relationship, flirtatious gestures or something equally harmless.

Ex-San Diego Cop Convicted of Sex Crimes Charges

Wed, 07 Dec 2011 23:52:00 GMT

A former San Diego Police Department officer, who was accused of demanding sexual favors from women he pulled over for DUI and other offenses, has been found guilty on multiple counts.

The former cop, Anthony Arevalos was convicted of 12 counts, including 4 misdemeanors. The charges against him included assault and battery by a police officer, assault and battery by an officer asking for a bribe, and others. However, he was acquitted of other felony charges.

Some of the woman who accused him testified in the trial of the San Diego County Superior Court. According to one of the women, she was pulled over by Arevalos, who asked her to take a breath test. The woman registered a .09% on the test. Later, she was asked by the police officer to drive to a nearby 7-11, where he allegedly propositioned her, informing her that he would make the DUI go away, if she did what he asked her to do. The woman testified in court that Arevalos then asked to see her breasts, and touched her genitals. The next day, the woman reported the incident to police.

Arevalos is due to be sentenced on December 9. He's looking at a possible prison sentence of 10 years and 4 months, and will be required to serve at least half of that time. San Diego criminal defense lawyers also expect that Arevalos will be required to register as a sex offender.

Some of the women who accused Arevalos have already filed a claim against the city, stemming from their treatment by the former cop. During the trial, it became more and more evident that other officers in the San Diego Police Department had suspected that Arevalos’ conduct was not exactly above board, but failed to report this to higher-ups. The Department has assured people that it will investigate this matter.

Supreme Court to Weigh in on Life Imprisonment for Juvenile Murders

Mon, 21 Nov 2011 22:16:00 GMT

The Supreme Court has agreed to take up two cases involving individuals who were sentenced to mandatory life term without parole, for murder crimes that were committed when they were fourteen years of age.

The two cases are from Alabama and Arkansas, and San Diego criminal defense lawyers are hoping that the court will place a limit on the kind of sentences young persons are handed for such crimes. There are currently approximately 73 prisoners across the country who have been convicted of similar crimes committed when they were fourteen years of age. All of these were then sentenced to life imprisonment without parole.

This is the latest in a flurry of recent activity at the US Supreme Court involving juvenile crimes. Last year, the Supreme Court ruled that that life imprisonment for juveniles, who have committed non-murder crimes when they were below eighteen, was unconstitutional. The Supreme Court had earlier taken another decision banning the death penalty for juveniles.

In the state of California, anyone below the age of eighteen can be charged with juvenile crimes. However, individuals above fourteen years can be tried as adults in certain cases. These people may be tried as adults if they are charged with crimes like murder, rape and robbery with a weapon. Most juvenile crimes that California criminal defense lawyers come across involve DUI, drug crimes, sex crimes and violence.

In many cases, juvenile crimes are the result of external factors that include a history of physical or sexual abuse, and a poor family environment. Younger persons who live in neighborhoods that have higher rates of criminal activity are more likely to commit crimes. Juvenile crimes are also often linked to drug and alcohol abuse, and gang membership.

Criminal Defense Lessons from the Sandusky Affair

Mon, 21 Nov 2011 21:54:00 GMT

The recent actions of Jerry Sandusky, the former assistant coach of Penn State who is currently at the center of a sex crime scandal, provides valuable lessons for persons who have been accused of sex crimes. Last week, Sandusky spoke to NBC's Bob Costas in his first interview after charges of child sex abuse were filed against him. Those charges stem from allegations that he molested young boys at his Second Mile Foundation.

In the interview, Sandusky denies that he is a pedophile, but makes several statements that he could find difficult to deny later. For one, he admits that he frequently took showers with young boys. He also does not deny that he had touched these boys in the leg region, although without any sexual intent. He admits that in hindsight, he can see that he should not have showered with those boys at all.

The problem with the interview is that whatever he said is now part of the case against him. If his criminal defense lawyers were planning to use outright denial that he was ever in any shower with any boys as part of their strategy, that defense now goes out the window.

One of the first pieces of advice that San Diego criminal Defense attorneys would give any public figure accused of sex crimes is - be silent. Any public statement that a defendant makes can find its way to court in the form of testimony against the defendant.

What Sandusky could have done was release a public statement proclaiming his innocence, instead of exposing himself to the media. Very little good can come out of offering yourself up for public consumption in this manner. It's likely that the beleaguered former coach felt under pressure to have his say, but it is not a course of action that any San Diego criminal defense lawyer would advise any person facing serious criminal charges.