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 Santa Ana domestic violence criminal defense attorneys disagree with the police practice of arresting both people involved in a domestic dispute. For some officers, this is a routine response to a "he said, she said" situations in which each accuses the other of being the violent one. The practice can create unfair accusations against the victim of the violence, victimizing that person a second time. A Jan. 24 article from the San Francisco Examiner makes another case against this policy: it puts the wrongly arrested person at risk of deportation. Thanks to a new federal program called Secure Communities, all fingerprints from arrestees are going through a database to identify people who might be in the United States illegally. The article said at least three victims of domestic violence have been deported this way in northern California.

That figure comes from Angela Chan, a police commissioner for the city of San Francisco and an immigration attorney. Two of them are clients, she said, including a woman who was arrested after she called the police during an altercation with her husband. The charges against the woman were dropped, but she is in immigration detention and her one-year-old daughter is now in foster care. Chan and others expressed concerns that the situation will discourage illegal immigrants from getting help for domestic violence. San Francisco's famous sanctuary ordinance forbids the deportation of illegal immigrants who are charged only with a misdemeanor, or not charged at all, after an arrest. The city police and county sheriff's department have both looked for ways to legally decline to participate in Secure Communities, but haven't found any.

As Torrance domestic violence criminal defense lawyers, we think this is a sad but not entirely unexpected result of making arrests without thinking about whether they are really deserved. An arrest that doesn't end with criminal charges is already bad enough -- it's frightening, humiliating and an unjust way to treat someone who might already have been the victim of domestic violence. But for people who don't have U.S. citizenship, it can also throw into question their right to be here. Not everyone in Orange County has sympathy for illegal immigrants, but most people would agree that it's unfair to imprison someone who is the victim rather than the perpetrator of a crime. And even immigrants who are here legally can be threatened by a domestic violence conviction, since it could be considered a "crime of moral turpitude" that could trigger deportation.

Continue reading "Police Habit of Arresting Both Partners in Domestic Disputes Can Lead to Deportations" »

Our Santa Ana domestic violence criminal defense attorneys disagree with the police practice of arresting both people involved in a domestic dispute. For some officers, this is a routine response to "he said, she said" situations in which each accuses the other of being the violent one. The practice can create unfair accusations against the victim of the violence, victimizing that person a second time. A Jan. 24 article from the San Francisco Examiner makes another case against this policy: it puts the wrongly arrested person at risk of deportation. Thanks to a new federal program called Secure Communities, all fingerprints from arrestees are going through a database to identify people who might be in the United States illegally. The article said at least three victims of domestic violence have been deported this way in northern California.

That figure comes from Angela Chan, a police commissioner for the city of San Francisco and an immigration attorney. Two of them are clients, she said, including a woman who was arrested after she called the police during an altercation with her husband. The charges against the woman were dropped, but she is in immigration detention and her one-year-old daughter is now in foster care. Chan and others expressed concerns that the situation will discourage illegal immigrants from getting help for domestic violence. San Francisco's famous sanctuary ordinance forbids the deportation of illegal immigrants who are charged only with a misdemeanor, or not charged at all, after an arrest. The city police and county sheriff's department have both looked for ways to legally decline to participate in Secure Communities, but haven't found any.

As Torrance domestic violence criminal defense lawyers, we think this is a sad but not entirely unexpected result of making arrests without thinking about whether they are really deserved. An arrest that doesn't end with criminal charges is already bad enough -- it's frightening, humiliating and an unjust way to treat someone who might already have been the victim of domestic violence. But for people who don't have U.S. citizenship, it can also throw into question their right to be here. Not everyone in Orange County has sympathy for illegal immigrants, but most people would agree that it's unfair to imprison someone who is the victim rather than the perpetrator of a crime. And even immigrants who are here legally can be threatened by a domestic violence conviction, since it could be considered a "crime of moral turpitude" that could trigger deportation.

Continue reading "Police Habit of Arresting Both Partners in Domestic Disputes Can Lead to Deportations" »

As Garden Grove domestic violence criminal defense attorneys, we appreciate that the ongoing coverage of actor Mel Gibson's legal woes shine a light on domestic violence prosecutions. As the Los Angeles Times reported Jan. 19, Los Angeles County prosecutors met recently with Gibson's attorneys to discuss possible charges against him. Gibson's latest legal troubles stem from a series of phone messages recorded by his ex-girlfriend, Oksana Grigorieva. The messages are angry and threatening, and Grigorieva has also claimed Gibson hit her on at least two occasions and threatened her with a handgun. Those allegations are the basis of the investigation by the District Attorney's office.

Prosecutors have not yet made a decision about whether to charge Gibson. They cautioned the media not to believe any charges exist unless they say so. Unnamed sources told the newspaper that prosecutors don't intend to file charges until after they resolve the allegations by Gibson that Grigorieva or someone close to her was attempting to extort him with the tapes. The tapes show Gibson threatening and insulting Grigorieva, and in one instance using a racial slur. However, the allegations being investigated are more serious. Grigorieva claims Gibson hit her while she was holding their daughter, born in October of 2009, and on another occasion hit her hard enough to knock out a dental veneer. She also claims he threatened her with a gun. He has said he never punched her, but slapped her once to "shock her so she would stop screaming."

As Chino Hills domestic violence criminal defense lawyers, we're pleased that prosecutors are taking the time to fully investigate this case. Because it involves a celebrity behaving badly, this case has gotten a lot of media attention, much of it critical of Gibson. The "court of public opinion" can make snap judgments, but in a court of law, everyone is innocent until proven guilty -- including people who may not be well liked. Regardless of what Gibson said on tape, the tapes do not prove that he physically abused Grigorieva. As with all domestic violence cases, that will have to be proven with physical evidence, witness testimony and other objective evidence. It's also worth mentioning that the two are fighting for custody of their daughter, which could create a motivation to lie.

Continue reading "Los Angeles Prosecutors Weigh Whether to Charge Mel Gibson With Domestic Violence" »

Our Buena Park domestic violence criminal defense lawyers were surprised to see a news report about an apparently high-risk service of an arrest warrant. The Orange County Register reported Jan. 12 on the arrest of Thuan Minh Lam, 34, on suspicion of arson. Authorities believe Lam set a car on fire Dec. 31 in Huntington Beach for reasons related to domestic violence, although they gave no details. The Huntington Beach SWAT team was involved because Lam's criminal background suggested that he may have been dangerous. Lam was arrested without incident and his Cowan Heights home was searched. He was taken to the Huntington Beach jail, where he is being held on $250,000 bail.

Public records suggest Lam has a history of domestic violence, the newspaper said. Someone with Lam's name and birth date pleaded guilty in 2003 to one felony count of stalking about one misdemeanor count of disobeying a domestic violence court order. He was sentenced to five years of probation, but later apparently violated that probation and spent two years in prison. On New Year's Eve, Lam is accused of setting a white Acura on fire in the 7800 block of MacDonald Drive in Huntington Beach. No one was hurt in that fire, but the car was destroyed. A roommate at the home where Lam lived said he was surprised that anyone who lived there was in serious criminal trouble. In addition to making Lam's arrest, police detained three other residents for reasons not stated.

As Pomona domestic violence criminal defense attorneys, we're surprised the police felt that Lam was dangerous enough to warrant a SWAT team. Arson is considered a violent crime under California law, but the arson Lam is accused of was nearly two weeks old before he was arrested. That makes it unlikely that Lam was still upset, if indeed he was ever upset, about the events of the day of the arson. In fact, judging by the roommate's description of the police visit -- he said he was making oatmeal at the time -- it was entirely unexpected. Unfortunately, it's not unusual for police officers to make this kind of disproportionate response in domestic violence cases. When officers respond without knowing all the facts, or believe false accusations from accusers with an agenda, they can change defendants' lives with wrongful charges.

Continue reading "SWAT Team Serves Warrant on Santa Ana Man Accused of Domestic Violence Arson" »

One question we sometimes hear, in our work as Laguna Beach domestic violence criminal defense lawyers, is whether women are ever arrested for domestic violence. The answer is yes -- the law prohibits people of either gender from assault or battery on the people closest to them. A Jan. 6 article in the Orange County Register underscored that point. Teishawna Trimble, 25, was arrested that day for repeatedly stabbing the man she lives with at an apartment building in Fullerton. The man, 35, was hospitalized in "very critical" condition with stab wounds to his back and torso. Trimble was treated for knife wounds to her hands. The investigation is ongoing, but she was in custody as of that morning.

According to the article, Trimble and the man, whose name was not released, had lived together for about a year. Neighbors heard them arguing inside their apartment, but the couple apparently left the apartment and continued the fight, with Trimble following the man. She reportedly had a knife, and apartment complex employees called the police to report a fight and a woman stabbing a man just after 9 a.m. When the couple reached the pool area of the apartment complex, neighbors intervened to separate the two. It was not clear when the stabbing started, but blood was found throughout the complex and inside the apartment. A serrated kitchen knife was found by the pool. A police officer interviewed by the Register said Trimble would most likely be charged with felony domestic violence assault.

As Corona domestic violence criminal defense attorneys, we hope Trimble gets help from an experienced defense lawyer. If she is charged with a serious domestic violence crime, as the officer suggested, she will face a slew of civil and criminal penalties, some of which could take effect before she is even able to make bail. For example, the victim could likely get a protective order keeping her away from the home and thus all of her possessions. And of course, if she's convicted, she is likely facing prison on a felony charge. However, that doesn't mean she has no defense. If, for example, she was defending herself from the man, an experienced attorney may be able to get the case dropped or defend it at trial.

Continue reading "Woman Accused of Stabbing Man Multiple Times in Fullerton Domestic Dispute" »

Our San Clemente domestic violence criminal defense attorneys have followed with interest the ongoing fallout from domestic violence case in San Diego. Diana Gonzalez, a 19-year-old nursing student at San Diego's City College, was found beaten to death in a men's bathroom there, allegedly at the hands of her husband, Armando Perez. Perez had beaten, raped and imprisoned Gonzalez in an earlier incident, causing Gonzalez to file a criminal complaint and apply for a protective order against him. Perez was released from police custody just weeks before the murder, due to insufficient evidence. Gonzalez's family and friends, and anti-abuse activists, are upset with the county district attorney's office for its handling of the case and organized a protest march Dec. 9. Perhaps in response to the criticism, San Diego County DA Bonnie Dumanis co-authored an op-ed in the San Diego Union-Tribune Dec. 2 about warning signs of domestic violence.

Gonzalez was married to Perez, 37, in January of this year. They had a child who is now about a year old. Perez had been married before, with two children, but that marriage ended shortly after he was charged with domestic violence against his previous wife. Gonzalez had apparently reported at least 20 incidents of abuse during the couple's short marriage. However, they were already estranged when Perez apparently showed up in the parking lot at City College, kidnapped Gonzalez and imprisoned her in a motel for three days, where he beat, choked and repeatedly raped her. After that incident, she filed for and received a protective order and changed her phone number. Her family made efforts to escort her everywhere she went, but apparently Perez escaped notice when he found Gonzalez on campus and beat her to death. His car was later found abandoned in Tijuana. Protesters are upset that the prosecutor's office won't explain why Perez was not charged.

We understand the outpouring of grief and anger from Gonzalez's family, friends and community. However, as Manhattan Beach domestic violence criminal defense lawyers, we suspect there's more to it than people who aren't familiar with the law realize. In the op-ed, Dumanis and her co-author say prosecutors file charges in every case prosecutors believe they can prove beyond a reasonable doubt. This is the standard for every criminal case, and domestic violence defendants deserve the same protections afforded to everyone in our legal system. In some cases, the problem is a lack of witness testimony or evidence to corroborate the accuser's story, because much of the behavior that leads to accusations happens behind closed doors. In others, the accusers may even change their stories. Prosecutors can continue their cases even when this happens, but changing the story typically hurts the case against the accused.

Continue reading "Handling of San Diego Domestic Violence Case Spurs Protest Against Prosecutors" »

As Huntington Beach domestic violence criminal defense attorneys, we were disappointed to read that Santa Ana police have shot and killed a domestic violence suspect armed with a toy gun. The family of Elmer Alexander Perez called the police early on Dec. 16 to report a verbal altercation between Perez, who had a history of drug use, and his pregnant wife, who was not named. Perez's stepfather told police Perez had a gun that might be real or a toy, and had threatened to kill himself. But when officers saw the gun in Perez's hand, they fired, killing him in front of his toddler. No one else was hurt, and there are no allegations that Perez hurt members of his family. The extended family is upset at what they see as a police overreaction, particularly because the couple's two-year-old son witnessed the shooting.

Perez, 27, has a criminal record for drugs, theft and resisting an officer and was sentenced to 16 month in prison in 2005. His older brother described him as nonviolent but with a drug problem. At 5:45 in the morning, the family called the police to report a domestic dispute between Perez and his wife, saying Perez was acting erratically, might be on drugs and was threatening to kill himself. A spokesperson said officers could hear a woman screaming upstairs when they entered the house, plus the sounds of an argument and thumping. Perez's stepfather said he told police Perez might have a toy gun or a real one, and the spokesperson said officers heard Perez threaten to kill himself. Officers started upstairs, but stopped on the landing when Perez appeared with the gun in his hand, then shot him. The Orange County District Attorney's office was investigating, as it does with officer-involved shootings.

Our Lake Elsinore domestic violence criminal defense lawyers understand that police officers have a dangerous job involving split-second decision making. But we agree with this family that this shooting raises questions that should be carefully considered by the district attorney's office. In domestic violence cases, it's not unusual for police officers to assume that the perpetrator is the man, or that the man is violent. In this case, nothing reported suggests that Perez had actually hurt other members of his family, or was planning to hurt anyone other than himself. In fact, as the article notes, his stepfather had specifically told the police just moments before that the gun might be a toy. And from the information presented in the article, it doesn't sound like Perez was aiming at the officers or anyone else before he was shot. Under those circumstances, we're not surprised his family is upset and wants answers.

Continue reading "Santa Ana Police Kill Man After Responding to Domestic Violence Call With Toy Gun" »

As Anaheim domestic violence criminal defense lawyers, we were sad to read about an active police hunt for an Irvine man accused of attempting to kill his wife. The University of California at Irvine campus police are looking for Gregory Scott Turner, 33, a graduate student in criminology. Turner's seven-year-old daughter called 911 on the afternoon of Dec. 15, according to the Orange County Register, and responders found her mother choked into unconsciousness. Turner fled their home and is believed to be suicidal. He is described as a white man, six feet tall, 225 pounds and may be driving a royal blue 2006 Chevrolet pickup truck with the California license plate number 8P53538. Campus police can be reached at 949-824-5223.

The OC Weekly said Turner's seven-year-old daughter called 911 at 2:20 in the afternoon to report the violent confrontation between her parents. The couple also has a five-year-old daughter who witnessed the assault, which took place at the Verano Place apartments on UC Irvine's campus. Neither girl was physically harmed in the attack, but authorities said Turner beat and choked his wife into unconsciousness and tried to kill her. She was hospitalized overnight and expected to be released Dec. 16 into a domestic violence safe house. The girls were in the custody of Child Protective Services. The Verano Place apartments made the news for domestic violence last year as well, when graduate student Brian Hughes Benedict shot his ex-wife, Rebecca Clarke, in a parking lot with their toddler son already in a car seat. Benedict is being tried for murder.

Our Colton domestic violence criminal defense attorneys hope Turner understands how serious these charges are. When an incident of alleged domestic violence results in life-threatening injuries like these, prosecutors may skip domestic battery or corporeal injury on a spouse charges altogether, and charge the defendant with attempted murder or aggravated battery. Those are serious felonies that are also likely to be counted as strikes for the purposes of the three-strikes law. Aggravated battery can get you up to four years in prison -- not counting penalties for related crimes like assault or child endangerment -- and attempted murder can even earn a sentence of life in prison. Furthermore, even though these are not expressly domestic violence crimes, courts can and will grant restraining orders to the alleged victims. That's why people facing these kinds of charges should retain an attorney as soon as possible.

Continue reading "Police Hunting for UCI Grad Student Accused of Serious Domestic Assault on Wife" »

As Garden Grove domestic violence criminal defense attorneys, we were disappointed to see an article on serious domestic violence charges against an ex-policeman. James Roberts III, 34, pleaded not guilty Nov. 30 to 20 charges stemming from violence against the women in his life, according to the Huntington Beach Independent. Roberts was an officer with the Huntington Beach Police Department during the alleged assaults against his former wife and an alleged former mistress. He was arrested in September of 2009 and placed on administrative leave until he was fired in April of this year. He is accused of domestic battery, false imprisonment, criminal threats, vandalism, aggravated assault, rape, forcible sodomy and possibly more. If convicted on all counts, he could be sentenced to as many as 23 years in prison.

Neither woman is being identified due to the sexual assault charges. However, the newspaper reported on testimony by the ex-wife about the violence he allegedly committed against her in 2007 and 2008. After a confrontation over her texting other people became violent, she said, she fled to the guest room and tried to brace the door shut with her body. She said Roberts overpowered her, breaking the door down and knocking her onto the ground with his force, hurting her face. She then tried to run to their son's room, but couldn't get the door closed fast enough to keep Roberts out. She testified that he then grabbed her by the hair and raped her on the floor of the room. A defense attorney for Roberts also testified, saying a bruise on the woman's arm contradicted her previous testimony and that she had sent messages to Roberts suggesting she wanted to reestablish a relationship.

As Chino domestic violence criminal defense lawyers, we find that many people aren't aware that it's legally possible to rape your spouse. In fact, the California criminal code contains language specifically indicating that sexual assault against someone you are married to is still sexual assault and carries the same penalties. However, of course, the prosecution must still prove that the act was sexual assault, which may be why the criminal defense attorney for Roberts is introducing the messages between them into evidence. As with many domestic violence cases, much of the conduct described in the article likely happened without other witnesses, so defense lawyers must show consent or a romantic relationship through circumstantial evidence. The photograph of the bruise on the woman's arm may also help establish that her testimony is not trustworthy, if that testimony contradicts the physical evidence.

Continue reading "Former Officer Pleads Not Guilty to Domestic Violence Against Wife and Mistress" »

As Santa Ana domestic violence criminal defense attorneys, we paid attention last year when R&B singer Chris Brown was arrested for domestic violence against then-girlfriend Rihanna, also an R&B singer. The case caused a lot of controversy and buzz in the celebrity media at the time, and ultimately ended with Brown pleading guilty to felony assault in June of 2009. We are pleased to see that on Nov. 18, ABC News reported that Brown has been commended for his progress by the judge overseeing his probation. In fact, the Los Angeles Superior Court judge said Brown's work toward completing his sentence, which includes community service and domestic violence classes, is among the best and most consistent she has seen.

Brown got in legal trouble in February of 2009, when he allegedly hit Rihanna after an argument in a parked car. She reportedly suffered unspecified but visible injuries. Brown left the scene, but turned himself in the next evening with his attorney in tow and was booked on suspicion of making a criminal threat. He eventually pleaded not guilty to that charge and felony assault, but later pleaded guilty to the assault charge and was sentenced to five years of probation, 180 days of community service and one year of domestic violence classes. Rihanna also has a five-year restraining order against him, and the singers have broken up. The ABC News article said Brown has completed all but seven of his domestic violence classes and about 581 hours of his community service, which the judge specified must be physical labor. Brown has also lost endorsement deals and been denied an entry visa into the United Kingdom because of the incident.

Our Carlsbad domestic violence criminal defense lawyers believe this case is a good example of how severely domestic violence is penalized. Despite heavy media interest in this incident, no previous domestic violence was reported involving Brown, suggesting that it was an isolated incident. As far as we can tell, it was also a first offense, and it's unclear whether the injuries were serious. Nonetheless, Brown faced multiple penalties, including probation-related restrictions on his freedom, nearly 1,500 hours of community service and restrictions on how physically close he can be to Rihanna. That's not including the secondary non-criminal penalties, like losing his endorsements. Most people charged with domestic violence don't have celebrity endorsement deals, of course, but these charges can also get ordinary people in trouble at workplaces with ethical conduct codes, or hurt the image of their businesses.

Continue reading "Singer Chris Brown Commended by Judge for Progress in Domestic Violence Case" »

A recent story out of Canada caught the attention of our Orange County domestic violence criminal defense attorneys. According to the CBC, a man from Orange County is being held in a Manitoba prison for repeated assaults on his live-in girlfriend in the province. Eric Gunderson, 24, of Newport Beach had allegedly been in Canada illegally for some time and was living with the 29-year-old victim, whose name was not released. He is facing six counts of assault with a weapon, one count of assault, one count of arson with disregard of human life and two counts of threats against the woman, as well as one count of willful damage to the home the two were sharing in Virden, Manitoba. In addition, Gunderson faced immigration charges under Canada' Immigration Refugee Protection Act. It was unclear what penalties he faced, but he was scheduled to appear in court Nov. 18.

The CBC said Gunderson met the woman online in May of 2010 and eventually moved in with her. The relationship had apparently deteriorated before Nov. 7, when the police were called to the couple's home on reports of domestic abuse. The incident allegedly started the night before, when Gunderson demanded money from the woman to buy alcohol. She gave it to him, but between midnight and 7 a.m., police allege he repeatedly assaulted her. In addition to physical violence, he reportedly threw a can of cayenne pepper in her face and threatened her with a knife. He is also accused of trying to destroy the home by setting a corn broom on fire and throwing it in through a broken window. The woman put out the fire before it spread, but neighbors called the police to report that Gunderson was destroying the house. They found him in an alley about a block away.

As Riverside domestic violence criminal defense lawyers, we were interested to see that Gunderson seems to be facing the same kind of charges that he would face if he were accused of assaulting a stranger, not charges specific to domestic abuse. However, if this incident had taken place here in California, Gunderson would be facing charges specifically intended for domestic violence situations -- and they would likely be more serious than comparable non-domestic assault charges. Depending on how seriously the woman was injured and whether he used weapons, Gunderson could face anything from probation up to 28 years in prison on the seven domestic assault charges. The threats, arson and vandalism could add more time -- especially the arson, which carries up to nine years in prison. Moreover, Gunderson would likely face high fines; a protective order keeping him away from the woman; anger management classes; restrictions on his right to own a gun ; and two or more "strikes" under California's three-strikes law.

Continue reading "Newport Beach Man Arrested in Canada for Domestic Violence on Winnipeg Girlfriend" »

Our Ontario drug crimes criminal defense attorneys very much appreciate having the option of a drug diversion program for clients accused of nonviolent drug offenses. This program allows defendants to keep a conviction off their records by successfully completing a kind of probation and rehabilitation program. So we were very interested in an Oct. 29 CNN article about veterans' courts, which extend that concept to former members of the armed services. The program is available to veterans accused of relatively minor offenses, who are also struggling with mental health, addiction, post-traumatic stress disorder or other service-related problems. Its goal is to offer help instead of jail or prison time to people who are struggling personally as a result of their service to the country.

As of November 1, there were veterans' courts in at least five California counties: Orange, Santa Clara, Ventura, Tulare and Los Angeles. These courts have discretion to decide what kinds of crimes they will hear; the Orange County veterans' court accepts offenders accused of violent crimes as well as nonviolent ones. But rather than giving the offenders the same sentence they'd see if convicted in a normal court, judges order lengthy probation, and when appropriate, psychiatric care and drug or alcohol treatment and testing. The article goes into detail about the workings of the Orange County veterans' court, where some offenders say they got badly needed help. One Army veteran was charged with making a death threat, which could have sent him to prison for three years. Instead, he got probation and 18 months of closely supervised PTSD and addiction treatment.

As Lake Forest drug crimes criminal defense lawyers, we hope this program continues to succeed. The article doesn't go into this, but it's well known that former soldiers, sailors, airmen and Marines can come out of a war emotionally traumatized as well as physically wounded. The idea behind veterans' court, and for that matter drug court, is to stop criminal behavior by stopping the underlying problems -- addiction and mental health problems. As an Orange County judge points out in the article, these problems are unlikely to go away in prison, and when defendants are released back into the community, there's little to stop them from another offense. Treating defendants instead gives them another chance at a healthy life as well as at freedom, while benefiting the justice system and community.

Continue reading "Courts Offer Help Instead of Convictions for Veterans Facing Drug and Other Charges" »

Our Fallbrook domestic violence criminal defense attorneys wrote recently about the arrest of Junior Seau, a retired NFL linebacker who spent most of his career with the San Diego Chargers. Seau was accused of domestic assault in connection with an Oct. 17 incident involving his live-in girlfriend, and attracted even more media attention when he drove off a cliff shortly afterward. Seau was not badly hurt in the accident and the police believe he fell asleep at the wheel. Ultimately, prosecutors declined to file charges against him. Now, as San Diego's 10news.com reported Oct. 29, the police report in the domestic violence incident was released, giving the public a glimpse at what exactly the police believed happened.

According to the article, Mary Nolan, 25, told the police that Seau grabbed her and shoved her into a wall. When officers arrived, the report said, she was sobbing hysterically and had a small bruise on her arm. Nolan also mentioned to the police that she had another bruise stemming from a fight she'd had with Seau in Solana Beach, but declined to file a report on that incident. When Seau returned to the home on the night of the arrest, officers noticed signs that he had been drinking, but had no problems arresting him. In a statement, the San Diego district attorney's office implied that it wouldn't file charges because it couldn't prove the case, and Seau's domestic violence criminal defense attorney agreed. Paul Pfingst, a former leader of that office, said the case was a "close call" with elements that would have given prosecutors trouble.

As Huntington Beach domestic violence criminal defense lawyers, we'd like to examine those elements in more detail, because they show how domestic violence cases are built -- and how they can be defended. For starters, Nolan declined to file a report on the Solana Beach incident. As Pfingst noted in the article, not giving police 100 percent of the story could hurt Nolan's credibility. Perhaps more importantly, the report said Nolan also had injuries to her head, but didn't specify what those injuries were. Prosecutors cannot speculate; they can only present witness testimony or the facts as reported by the police. For that reason, the prosecution wouldn't have been able to tell jurors that Seau was, or might have been, responsible for those injuries. All of this makes it harder for them to prove the case.

Continue reading "Prosecutors Decline to File Domestic Violence Charges Against Ex-Charger Junior Seau" »