California Criminal Lawyers Blog

As Anaheim vandalism criminal defense attorneys, we know cities and counties spend a lot of money repainting buildings that have been targeted by graffiti. So we weren't surprised when we read in the OC Weekly Feb. 18 that the city of Garden Grove is planning an aggressive fight against graffiti. However, the method the city has chosen is raising eyebrows: It plans to fine citizens $1,000 if they are caught carrying tools for making graffiti. The plan has raised an outcry from at least some civil libertarians, who say it criminalizes legal behavior and allows police to selectively choose who they believe is a "criminal."

The city's ban would include spray paint as well as any other tools of graffiti. If the defendant is under 18, the fine applies to his or her parents. This fine would actually be an "administrative citation" -- that is, a really expensive ticket. Garden Grove has had some success issuing administrative citations for other minor crimes, most notably illegal fireworks. The city says this solves the problem without clogging the courts or jails, and in the case of graffiti, will lower maintenance costs. City Manager Matt Fertal said the city wouldn't go after law-abiding citizens who happen to have spray paint, but would target only people who had already broken the law.

As Carson vandalism defense lawyers, we don't believe this idea will hold up if it's challenged in court. A city ordinance that criminalizes lawful behavior violates the civil rights of everyone in that city. Allowing police officers to use their discretion only makes matters worse, because it essentially makes police into the final authority. It's not hard to imagine that officers might apply the fine selectively, perhaps to people who said something rude to them, or people whose behavior, clothes or racial background they don't happen to like. And taking these cases out of courts might save money, but it does so at the expense of due process. In essence, the city has made it possible to be fined for graffiti without actually having painted graffiti, with no way to challenge the case before a judge or jury.

Continue reading "City of Garden Grove Plans to Fine 'Taggers' for Merely Carrying Spray Paint" »

As Santa Ana sex crimes defense attorneys, we were surprised and pleased by a recent statement by the California state Sex Offender Management Board. The Contra Costa Times reported Feb. 16 that the board recommends major changes to Jessica's Law and other laws restricting the rights of sex offenders after release from prison. Board members said these laws force sex offenders into homelessness and cost a lot of money but don't seem to make citizens any safer. They also apologized for the agency's failure to find Philip Garrido, the convicted rapist who kidnapped 11-year-old Jaycee Dugard in 1991 and held her captive in Northern California for 18 years.

Jessica's Law bans convicted sex offenders from living within 2,000 feet of a school or another place where children gather regularly. Matthew Cate, the state's secretary of corrections and rehabilitation, said the law makes it nearly impossible to find legal housing in some areas. As a result, the number of homeless sex offenders has skyrocketed, from fewer than 100 before the law took effect to thousands today. Studies have shown that the instability of homelessness can actually increase the risk of re-offending. The agency recommended applying Jessica's Law only to the most serious offenders; routinely requiring treatment for sex offender parolees; taking low-risk offenders off the list after a set period; and combining GPS anklets with community supervision.

The article notes that politicians see a risk of being labeled "soft on crime" if they back a repeal of Jessica's Law. Our Long Beach sex crimes criminal defense lawyers agree that this is a risk, but we think that's a real shame. As the board members explained, residency restrictions for sex offenders can actually increase the risk of another crime by making it hard to find a home, a job and other basic tools of living a law-abiding life. Meanwhile, the rules strain the state budget, creating thousands of new parolees and expensive programs at a time when we can't afford to support failed programs. And while the board didn't make this argument, we believe sex offender registration laws violate the spirit of the law by imposing extra penalties on people who've already done their time. Even former murder convicts don't face the same legal restrictions and social stigma.

Continue reading "State Board Admits Sex Offender Restrictions Are Ineffective and Expensive" »