California Criminal Lawyers Blog

As San Clemente drug crimes defense lawyers, we were sad to read about a drug crime that could permanently take away a couple's custody of their three-year-old daughter. The Coast News reported Feb. 2 on the arrests of Arturo Camarena and Mary Sanchez, a married couple, for possession of a controlled substance and cruelty to a child. Camarena was out on bail at the time, which triggered an 8 a.m. probation check from the San Diego County Sheriff's Department. They determined that the mother and father were using heroin and methamphetamine in the child's presence.

The article didn't report what offense had originally put Camarena in jail, but the probation check happened early on the morning of Jan. 25. At that time, officers found a methamphetamine pipe on a bed next to the couple's daughter, who was not named. It wasn't clear how they determined that the couple was using drugs right in front of the child, but sheriff's deputies handed the child over to the county child welfare department. The head of that department said it typically tries to reunite families when possible. But with a child as young as this one, she said, a permanent adoption may be appropriate if the parents are imprisoned for several years. It wasn't clear how much jail or prison Camarena and Sanchez faced, but willful cruelty to a child and drug possession can both be misdemeanors or felonies, depending on circumstances.

Our Yorba Linda drug crimes criminal defense attorneys hope there's more to this story than the article reported, because this family's future is at stake. Willful cruelty to a child is defined as willfully causing a child to suffer physically or mentally, or putting the child in a situation that endangers the child's life or health. We're not sure the reported facts pass that high threshold. Doing drugs in front of a child and leaving paraphernalia around for the child to see is not setting a good example and indicates that other areas of parenting may not be good. But by itself, it does not endanger the child's life or health - and that's the standard prosecutors must meet. Meeting that standard is very, very important when the child's ability to know her parents is at stake.

Continue reading "Vista Couple Loses Custody of Daughter After Police Find Her Near Drug Paraphernalia" »

Our Orange domestic violence criminal defense attorneys were interested to read about an Orange County sheriff's deputy who was arrested and jailed twice this week in a domestic violence matter. As the Orange County Register reported Feb. 3, Travis Unholtz was arrested Jan. 31 in a domestic violence dispute. His legal problems were further complicated Feb. 2 when he was caught trying to buy or borrow a gun, a violation of the protective order he was subject to as part of the domestic violence case. Unholtz, 36, is on paid leave while the case is investigated. Because he's a deputy, the Sheriff's Department is coordinating the investigation with Orange County prosecutors.

Sheriff's deputies were originally called to Unholtz's home in Trabuco Canyon on Sunday. No details of the original altercation were given, but the Register reported that one victim was taken to Mission Hospital for treatment of a cut. He was booked on suspicion of spousal abuse and released Monday. At that time, he was subject to a protective order, which among other things forbids him from having a firearm. His service weapon was taken away and he was not supposed to have another. Nonetheless, police apparently found him in the parking lot of the Ayres Hotel and Spa after receiving information that he was trying to obtain a gun. He was arrested on charges of violating a protective order.

As Riverside domestic violence criminal defense lawyers, we hope Unholtz has hired an experienced attorney - and is following that attorney's advice. Anyone arrested for domestic violence is likely to be under the same type of protective order that Unholtz had - although most such people don't carry firearms for work. When they do, a protective order can cause trouble at work or even a firing. And of course, stay-away orders cause trouble in lots of other ways. That's why we prefer to take cases as early as possible - so we can avoid charges in the first place or fight protective orders. Many domestic violence cases are fights that got out of hand, not long-term abuse situations, and some protective orders are unnecessarily invasive.

Continue reading "Sheriff's Deputy Arrested for Trying to Obtain Gun While Under Protective Order" »

Our Newport Beach drunk driving criminal defense attorneys were interested to read about a distinction that Huntington beach would probably prefer not to have. According to the Huntington Beach Independent, a statewide report says Surf City leads the state, among cities of its size, in number of drunk driving crashes per capita. The January Report compared Huntington Beach to other California cities of 100,000 to 250,000 people. In 2009, the city saw 195 deaths or injuries in alcohol-related crashes, said the state Office of Traffic Safety. It has been in the top 10 cities of its size in this area every year since 2005, the article said, but this is the first time it was number one.

The ranking was not entirely news among Huntington Beach's city leaders and law enforcement officials. The city has been taking aggressive steps to reduce intoxicated driving arrests in the past few years, some of which have created controversy. Recently, the city council voted 4-3 against adopting a plan by one councilman to put mug shots of drunk drivers on Facebook, which the councilman said was intended to shame them. The city has also used state and federal funding to step up conventional anti-DUI measures like checkpoints and extra patrols. The city has also been asking arrestees where they had their last drink and following up with frequently named establishments. A spokesperson for the state noted that arrests had gone up in Huntington Beach, and its ranking made it eligible for more enforcement funding.

As Chino intoxicated driving criminal defense lawyers, we hope Huntington Beach uses that funding in a way that respect drivers' civil rights. That is unfortunately not always guaranteed when it comes to drunk driving enforcement. The U.S. Supreme Court has upheld the use of DUI checkpoints, but admitted that they violate drivers' rights against unreasonable search and seizure. Closer to home, the proposal to put mug shots on Facebook was criticized - correctly, in our view - as misleading and unfair. Mug shots come from a DUI arrest; whether the driver is guilty is up to a court of law, not one police officer's judgment. And some questioned whether humiliating drivers, or their families, would have a measurable effect on public safety.

Continue reading "Huntington Beach Has Most DUIs of Any California City Its Size, State Report Says" »

Our San Bernardino County DUI criminal defense lawyers were very interested to read about a brewing fight between the city of Huntington Beach and one of its businesses. As the Huntington Beach Independent reported Feb. 2, the state Department of Alcoholic Beverage Control is investigating a bar called Baja Sharkeez after data from the city showed the bar was the most likely to have served a DUI arrestee's last drink. Over a 22-month period, 72 drivers named Sharkeez; 52 named Hurricaines Bar & Grill and 33 named Killarney Pub & Grill. The city is tracking this data as a way to combat its unusually high number of DUIs, which many blame on the proliferation of bars downtown.

Huntington Beach police chief Kenneth Small wrote to the state about the bar's high number of patrons with DUIs. In that letter, Small said he believed the high numbers reflect a carelessness by the Sharkeez management toward public safety. That claim was vehemently denied by Ron Newman, who co-owns the Sharkeez in Huntington Beach and four others. He said the restaurant has a policy of cutting off people who are obviously intoxicated - and has never been penalized for failing to do so - but cannot control what they do on the road. He also suggested that drivers might have been to other establishments after his, since downtown Huntington Beach is walkable. And he questioned the finding that the Newport Beach location had no DUI arrestees at all. He complained that Huntington Beach officers wait outside the restaurant for patrons to climb into cars.

As Seal Beach drunk driving criminal defense attorneys, we have some sympathy for Newman's arguments. Newman's employees can cut off people who are clearly drunk, but not everyone is a sloppy drinker - and he's right that he can't control what they do after they leave. In fact, drinking establishments have a strong self-interest in cutting off patrons who've clearly had too much, because they can be legally liable for any accident those people might have later. Sharkeez and other bars can also get in trouble with the state if they over-serve, which is what Smalls appears to be trying to do. We also think authorities should be careful about relying on Huntington Beach's data, because that data was self-reported by arrestees. Self-reported data is notoriously unreliable, and drunk people who are under arrest may be especially likely to lie.

Continue reading "Owner Claims Huntington Beach Is Harassing His Bar Because of Patrons' DUI Charges" »

It's very unusual for courts to reject a plea agreement between prosecutors and defendants. So our Garden Grove drunk driving criminal defense attorneys were interested to see an item about a rejected plea deal in the Inland Empire. According to the Contra Costa Times, a San Bernardino County judge on Jan. 24 declined to accept the deal made with accused driver Ashley Conner Young. Young is accused of gross vehicular manslaughter while driving under the influence in the death of Leyna Marie Basua, 26, of Pomona. The same crash seriously injured Basua's boyfriend, John Martin. Martin was among those protesting the plea agreement that would have given Young, 23, a year in county jail. He said the penalty was not sufficient, and that he was willing to take the chance that Young might be acquitted at trial.

The crash took place in October of 2009, when Young rear-ended Basua's vehicle on Interstate 15. The impact pushed Basua's car across five lanes of traffic, through a chain-link fence and into a tree. She suffered internal injuries and multiple broken bones but survived for nine months after the crash, until she later suffered a fatal internal infection. Martin's left arm was broken and his spine was injured. No blood-alcohol content information was reported for Young. However, she apparently was driving on a suspended license at the time from a previous DUI arrest that ultimately did not reach a conviction. At the scene, Young admitted to drinking but claimed a friend had been driving, which was ultimately proven false.

Prosecutors declined to comment on the reason for the one-year jail sentence, which is a departure from the minimum four-year sentence for DUI manslaughter. However, Basua's mother said she was told prosecutors didn't have enough evidence to prove the claim. Young's attorney said the decision to revoke the plea deal was likely caused by media coverage of protests by Basua's family and friends, rather than any change in the evidence. He said the deal should have been honored.

As Corona intoxicated driving criminal defense lawyers, we generally agree. Prosecutors don't offer lenient sentences because they are fond of criminals; they do it when they don't believe they could get a longer sentence in court. Often, as in this case, that means they're not confident in the evidence against the defendant. In this case, Young pleaded guilty with the understanding that she would serve a year in jail. Revoking the agreement means she is entitled to a trial after all, which means more uncertainty and more work for everyone involved. In fact, there's a possibility that Young may not be convicted, especially if prosecutors are right that the evidence is weak. The feelings of Basua's loved ones are understandable, but they cannot compensate for any genuine weaknesses in the case.

Continue reading "Judge Refuses Plea Bargain in San Bernardino DUI Manslaughter Case, Prompting Trial" »

These days our Los Angeles immigration attorneys know it is impossible to speak about comprehensive immigration reform without mentioning, or at least reflecting upon, the circumstances that catapulted Congresswoman Gabby Giffords' name and likeness into the national spotlight just three weeks ago.

What the Tucson representative now brings to the debate is more than just a tragic reference and hope for more civil discourse regarding immigration. Giffords has long - if not quietly - been known as an objective, reasoned, credible voice on the topic of immigration reform. After all, the epicenter of the immigration battleground rests in her district.

Much like Giffords, soon-to-be retired Los Angeles Cardinal Roger M. Mahoney also offers an objective, reasoned, credible approach to this explosive topic. For Mahoney, a native of Los Angeles raised in San Fernando Valley, immigration reform shouldn't be about economics or politics. It should be about people. Eleven million people (to offer up a rough estimate).

In his blog posting entitled "STANDING with ELEVEN MILLION: Welcoming the Strangers in Our Midst", Mahoney challenges his fellow Catholics (and the rest of us) to follow his lead and "advocate on behalf of the silent millions" who have come to the U.S. - by legal means or not - to make a better life for their families.

And about those 11 million. Mahoney laughed off the question posed by a Los Angeles Times reporter who asked him if the church jumped to support immigration reform as a way to refill sparsely-populated pews. To give the old numbers a boost, essentially. Mahoney said that more than 40 percent of the currently undocumented residents came to the U.S. with visa in hand but stayed on once time expired. That there is no tracking system for expired visas, Mahoney suggested, speaks to just one aspect of the dysfunctional nature of our current immigration system. He further noted that very few of that population are either Hispanic or Catholic.

In his post, Mahoney speaks of a life spent in brotherhood with the immigrant class, whether Mexican-American or Asian-Pacific or other. He speaks of being awed by their deep faith and their commitment to family and community. He speaks of them as friends, not stereotypes.

He questions the appropriateness of linking the undocumented with unemployment woes. "If we would refresh our memories as a nation, we would see that the presence of immigrants - with or without legal documents - is never a cause for concern when the unemployment rate is low and our economy is sound and expanding."

He speaks of the efforts of Cesar Chavez to improve the plight of the farm worker as inspirational.

A lifetime of service has made the debate of immigration reform a very personal, very emotional, issue for Mahoney. One he plans to focus on full-time in retirement.

Despite a heavily GOP-dominant congress, Mahoney has hope. He references several polls that reveal a majority of American people - anywhere from 63 to 81 percent of them - are supportive of "a structured path to earned citizenship" for current undocumented residents, the Catholic Sentinel reports.

Imagine the progress that could be made in resolving this debate if we followed in Cardinal Mahoney's footsteps. If we chose to work toward getting to know our immigrant neighbors as friends, rather than pointing them out and blaming them for our problems. Problems that have been long-simmering. Problems that like the plight of our undocumented brethren, cannot be resolved by simply wishing them away.

Continue reading "Giffords, Los Angeles Cardinal, at epicenter of immigration rights debate" »