Yet another San Diego police officer has been arrested in the latest in a series of scandals involving San Diego Police Department officers in recent months.  This officer, a veteran of the department, now faces possible charges of criminal misconduct related to an off-duty incident involving a juvenile.

The patrolman, Burt Hulbert, was involved in an incident with a 17-year-old boy who was visiting a friend, a neighbor of Hulbert.  According to Hulbert's neighbors, he came upon the boy in a parked car, smoking marijuana.  Hulbert placed the boy under citizen’s arrest.  The boy's father says that Hulbert repeatedly struck the boy.  Hulbert now faces charges of battery on a juvenile.  The District Attorney’s Office is currently reviewing the case, and will determine whether felony charges should be initiated against Hulbert.

This is the most recent in a series of incidents involving misbehavior by SDPD officers that San Diego criminal defense lawyers have come across.  San Diego cops in recent months have been involved in everything from sexual harassment and rape to DUI and domestic violence. 

In February, a San Diego police sergeant was charged with stalking a female officer and making harassing telephone calls to her. 

A motorcycle patrolman with the police department is also under investigation for his role in an off-duty traffic accident in February.  The patrolman is believed to have fled the scene of the accident.

In March, a vice officer with the department was accused of raping a Point Loma Nazarene University Student.  He has since resigned. 

Also in March, another police officer was arrested after a fight with his wife at their home.  That officer is facing domestic violence charges.

Also in March, the Police Department’s biggest scandal broke out.  A San Diego Police Department officer was arrested after a woman, who had been pulled over, accused him of harassment.  That was followed by at least four other women coming forward to file similar complaints against the officer, Anthony Arevalos.  He has since pleaded guilty to felony counts of sexual battery, false imprisonment and receiving a bribe. 

San Diego criminal defense attorney Micheal Berg spoke to the KFMB Channel 8 news team about the lack of involvement of his client in the USD point shaving scandal.

A new study by the U.S. Department of Justice confirms what San Diego criminal defense lawyers have known for long now - that long periods of incarceration for juvenile offenders do nothing to decrease recidivism rates. 

The report entitled Highlights from Pathways to Desistance: A Longitudinal Study of Serious Adolescent Offenders is based on a collaborative study that is currently following 1,354 serious juvenile offenders between the ages of 14 and 18 for a period of seven years.  The study included approximately 1,170 male offenders and 184 females.

As a result of the study, researchers have managed to compile some of the most in-depth data on juvenile offenders and their lives through early adulthood.  Researchers were not only looking at factors that contribute to juvenile offenses, but also the factors that contribute to these offenders refraining from further offenses.   Individual factors that can contribute to juvenile offenders resisting repeat offenses, can include individual maturation, life changes, and experiences with the criminal justice system.

The main findings of the study were a decline in self-reported offending by most serious juvenile offenders, as well as the ineffectiveness of long-term incarceration in reducing recidivism rates.  The study seems to indicate that juvenile offenders who have been incarcerated for long periods of time in prison don't have a lower risk of returning to the criminal justice system.  The study also points to effective methods of reducing recidivism rates, like community-based supervision for incarcerated youth offenders.  The use of appropriate substance abuse treatment programs among these offenders also seems to help reduce the chances that these offenders will be reintroduced into the criminal justice system.

Overall, the study found that most youth offenders who commit felonies reduce offending over time, regardless of the intervention.  In fact, about 91.5% of the offenders in the study reported lowered legal activity during the first year following their court involvement.

San Diego Criminal Defense Attorney Michael Berg Discusses Jakubec Plea Agreement

 

San Diego Criminal Defense Attorney Michael Berg Explains to ABC News Why His Client's Case Should Be Dismissed.

http://www.10news.com/video/27140700/index.html

California criminal defense attorneys have found it extremely unfair to offenders who have been released from prison or are on parole that they have severely limited housing options. However, more and more San Diego sex crimes defense attorneys are mounting successful challenges to these restrictions, and are winning reprieves. Most of the legal challenges against such provisions have arisen in Southern California. Approximately 856 offenders on parole have filed petitions in the Los Angeles and San Diego counties.

A provision in Jessica's Law prohibits a sex offender on parole from living within 2,000 feet of a school, day care center, or park or any other place where children regularly gather. However, these unreasonable provisions have meant that sex offenders, who have been released from prison on parole, cannot find reasonable accommodation after they are released from prison.

This is especially so in congested cities like Los Angeles, where accommodations are at a premium. Across California, this problem has led to large numbers of homeless sex offenders. When an offender is not able to find reasonable living arrangements, he is forced to live on the street. The increase in homeless sex offenders has also caused great concern, and many offenders have now been able to mount a challenge against these provisions.

Last year, a task force across California found that the ban on living too close to schools, day care centers and parks has led to a staggering 24 percent increase in the number of homeless sex offenders across California. The task force recommends the repealing of such limits on residency for sex offenders. Since Jessica's Law went into effect, the number of homeless sex offenders has increased from about 100 to more than 2,100.

A new California law that just went into effect on January 1st of this year
now makes it a crime to impersonate someone through the internet. If you
were thinking about opening an e-mail account, facebook, twitter or some
other form of social networking account under another person's name, you
should be aware that under California law you will now be committing a
crime. The law reads as follows:

Cal Pen Code § 528.5: Impersonation through Internet Web site or by other
electronic means proscribed; Punishment

(a) Notwithstanding any other provision of law, any person who knowingly and
without consent credibly impersonates another actual person through or on an
Internet Web site or by other electronic means for purposes of harming,
intimidating, threatening, or defrauding another person is guilty of a
public offense punishable pursuant to subdivision (d).

(b) For purposes of this section, an impersonation is credible if another
person would reasonably believe, or did reasonably believe, that the
defendant was or is the person who was impersonated.

(c) For purposes of this section, "electronic means" shall include opening
an e-mail account or an account or profile on a social networking Internet
Web site in another person's name.

(d) A violation of subdivision (a) is punishable by a fine not exceeding one
thousand dollars ($1,000), or by imprisonment in a county jail not exceeding
one year, or by both that fine and imprisonment.

(e) In addition to any other civil remedy available, a person who suffers
damage or loss by reason of a violation of subdivision (a) may bring a civil
action against the violator for compensatory damages and injunctive relief
or other equitable relief pursuant to paragraphs (1), (2), (4), and (5) of
subdivision (e) and subdivision (g) of Section 502.

(f) This section shall not preclude prosecution under any other law.

Should you have any questions about this, or other types of electronic
criminal conduct, please feel free to contact me.

San Diego Criminal Defense Attorney Michael Berg was interviewed by CBS news regarding the Jared Loughner case.  Loughner 's case is going to be tried in San Diego courts after Arizona judges recused themselves from the case.

I was impressed by the professional manner in which law enforcement personnel razed my client's home. Unfortunately, due to the fact they refused to go back into the home to retrieve evidence necessary to defend my client, that evidence was destroyed in the fire. I will be addressing this action by law enforcement in a future motion to dismiss the case.

KUSI reports on the apology from George Jakubec
(click on post to view video)