Category: Alternative Sentencing

Judicial Diversion in Criminal Cases in California:  When, Where and How can you get it? There has been a lot of talk about Judicial Diversion lately.  There have been a lot of requests for Judicial Diversion lately.  A lot of my clients have been getting Judicial Diversion lately…And it’s awesome! Today alone I got diversion for two different clients.  One case was a drug case which also involved resisting arrest.  The other case was a Penal Code Section 148 where the police claimed my client was lying to them, delaying their investigation and hiding his son from the police when …

Trial and Why it Might be the Right Thing for You Many criminal defense and DUI defense lawyers want to talk to you about a plea. Plead guilty, often straight up to the charged crime. What good does this do? Good question. If pleading guilty to the charges does not sit well with you, you’re not alone. It doesn’t sit well with me either. A win for me can take several different forms. First, a dismissal of all charges or an acquittal of all charges is certainly a win. But that’s not the only way to win. A reduction of …

Domestic Violence is on the Rise Domestic violence is on the rise. It appears to be another negative biproduct of the pandemic. Normally, in my business, we hear about domestic violence cases on the rise about Thanksgiving time and they stay up in numbers through the new year. This reoccurring phenomenon seems to have two main triggers. First, the holiday times generally means there is a lot of time with family. There is often a great deal of vacation taken and a lot time spent in the home with relatives and friends. Next, there is traditionally more alcohol consumption around …

I recently posted a blog about pre-trial diversion in low level drug offenses. If you haven’t read it, you should read that short blog before you start this one as it will give you some good background on diversion and deferred entry of judgment. Another great diversion program recently became available in California courts. Pre-trial diversion is now an option for people suffering from documented mental illness who are charged with certain crimes. The crimes must be non-strikes and can be either felonies or misdemeanors. Felony DUI’s are excluded from the program as are many sex offenses and some vehicular homicides. The …

As of January 1, 2018, California courts are offering “pre-plea”diversion in some drug cases. The benefit of pre-plea diversion is that defendant’s are not actually convicted of the charges and can earn a complete dismissal down the road. Prior to January of 1997, California offered diversion programs similar to the new law. After 1997, the law changed from “diversion” to “deferred entry of judgment”. The difference between the two is that diversion does not require a plea to be entered prior to accepting this as a settlement. This means that the defendant is never “convicted” of the crime. In the deferred …

I have had the troubling situation lately of having to deal with a number of clients with mental impairment. Specifically, I have had to three cases in the last year where a client was charged with a crime or crimes and they were unable to either grasp the nature of the criminal proceedings; unable to assist in their own defense; or, more commonly, they were unable to communicate with me. Or at least I was unable to communicate with them. Definitions Insanity in California requires some very specific findings. In order for a defendant in a criminal case to be …

A new client came in a few months ago. He was charged with felony domestic battery and violating a criminal protective order from a prior misdemeanor DV conviction. The allegations of the new case were pretty serious. In fact, the police reports were so bad that two different judges and the district attorney refused to offer him a misdemeanor settlement. We set the case for preliminary hearing. Twice the district attorney wasn’t ready to go. One time, I was in trial and now we have the case set for prelim on Tuesday. Friday I got 100 new pages of police reports and a …

By now a lot of people have heard or dealt with the changes that have occurred in Ventura County’s criminal justice system. The biggest change is the seemingly permanent closure of the work furlough program. Work furlough is a jail substitute where people who were convicted of crimes and sentenced to jail could serve their time at a facility located at the Camarillo airport. The location was supervised by probation officers and allowed “inmates” to leave during the day for work and return to the facility at night, thereby getting day for day credit for their stay in the program …

I got an unsolicited email this weekend. A potential client was asking how much I would charge to represent them in a drug possession for sale case. God bless this potential client who said she was trying not to take too much of my time, but wanted to get an idea of what it would cost to hire me. I emailed back that I had some questions: Where is the case, some background information on the client, criminal history, some specific facts about the case, etc. The client indicated she had been quoted about $5,000 from two different lawyers. She seemed to …

Getting Clients into Military Diversion Have you ever heard of Veteran’s Court? Some people have, but even fewer people have heard of the Military Diversion Program. Diversion is a concept that was all but done away with back in the late 1990’s . Back then, if you were arrested for a drug crime, you could agree to waive time for 18 months to three years, remain crime free and complete an outpatient drug program in order to get your case dismissed. Since 1997, the deferred entry of judgment (DEJ) program replaced the drug diversion program. The big difference between the two programs is …

How to Deal with an Emergency Protective Order or Criminal Protective Order in Domestic Violence Cases If you have been arrested for domestic violence there is a good chance there will be an emergency protective order issued immediately after your arrest. There will most likely be a Criminal Protective Order which will follow you during the pendency of your criminal case and during probation, should you be convicted of a crime. An Emergency Protective Order is a short term order, normally valid for 5 to 10 days, issued by a judge based upon a declaration of police saying that some …

I have often said that the majority of my cases involve substance abuse, financial pressures or relationship troubles. Many involve more than one of these issues. More and more lately, my clientele seem to be effected by significant mental health issues. I’m not a doctor but sometimes it can be easy to tell when a client has a problem and it is often very hard to deal with it. Sometimes however, it’s not so easy to tell. I was referred a client recently from a local judge. The client is facing a second DUI with a high blood alcohol and multiple traffic collisions. At …

It’s hard to believe that summer is over, the kids are back in school and fall is upon us. Actually it’s my favorite time of year because Halloween is approaching and shortly after that we have what is known in my business as the “Trifecta”. No, it’s not a horse race; it’s the three big holidays in a row, Thanksgiving, Christmas and New Year’s. I think the name came from someone in AA or NA or some such program who realized that the family pressures of the holidays are often cause for substance abuse, spousal abuse and general family strife. …

It may seem like common sense, but we really shouldn’t run people over with our cars. Unfortunately there seems to be a lot of this going around lately and not just by Suge Knight. Using a car as a weapon is often a crime. This type of conduct would normally be charged as Assault With a Deadly Weapon under California’s Penal Code Section 245. It could even be consideredattempted murder or even worse if someone dies. There is only a legal defense if you are using reasonable and necessary force to defend yourself or another from an immediate threat. Furthermore, if you hit …

Alcohol and Drug Dependency Resources To me the National Council on Alcoholism and Drug Dependency (NCADD) has been nothing more than the liaison between the court and the court ordered alcohol education program after my clients have been convicted of DUI and ordered into a program. After the case settlement, we get the paperwork from the clerk, head over to the NCADD office, pay them a fee and get our referral to an alcohol school. We then call the school directly and make an appointment to go in and sign up. Some weeks or months later, after we finish the program, NCADD …

I often joke that 75% of my client’s criminal and DUI problems are brought about by substance abuse, money or relationship problems (often brought about by the first two triggers). This being said, one might imagine that there is a great deal of cross-over between my business and that of a family law attorney. Family law is not an area where I practice nor do I care to start, but I often interact with family law attorneys in the course of my regular practice. Family law generally, is an area of law encompassing divorce, child custody, spousal and child support and even …

Proposition 47 Passes Making Many Drug and Theft Offenses Misdemeanors In case you have not heard yet, Proposition 47 just passed. This means that many felony drug and theft offenses will now be misdemeanors. There is an exception in the law to exclude certain defendants with prior convictions for murder, rape and certain other sex offenses and gun charges. Also, the proposition has a retroactive effect which would allow previously convicted felons to be re-sentenced under the new law. Before re-sentencing the proposition requires some kind of criminal history review by a judge in order to assure the public that …

Unless you live in a cave, by now you have likely heard about Ray Rice, the NFL player who was cut by the Baltimore Ravens after his video-taped domestic violence incident went viral. So I’m not going to talk about him. But reading about him, and watching the video, made me think about some other aspects of my business. It made me think how there are two sides to every story. It made me think about how we are all innocent until proven guilty and how quickly people jump to conclusions and it made me think about how technology plays a part …

A 38 year old man from Santee, California was arrested Sunday after he allegedly stabbed a nurse at a Torrance hospital. Authorities suspect that he may have been distraught about the haircut he recently received. His booking photo may be viewed on the link below: http://www.nbclosangeles.com/news/local/Nurse-Stabbed-at-Torrance-Hospital-255951301.html The suspect, Thomas Robert Fredette, was arrested shortly after the stabbing the area of Carson street in Torrance. Fredette was said to have entered the hospital, gone around a weapons screening area and approached a group of hospital employees. Fredette then grabbed one of the nurses and stabbed her in the ear with an unknown sharp …

A 26 year old man from Los Angeles was arrested last weekend after he allegedly walked into Olive View UCLA Medical Center in Sylmar, California and stabbed an on duty nurse multiple times with a knive. The nurse, whose name was not released was critically wounded and was being treated for her injuries at a local trauma center. The man, identified as Romero Carnailla, was said to have run into the hospital, approached the nurse who he didn’t know and stabbed her several times in the torso. Police and hospital security located the man after they heard the victim screaming in the …

Yesterday two Santa Maria residents left their 4 year old daughter sleeping in their car as they went off to gamble at the Chumash Casino. After the girl woke up, she appears to have gotten out of the car and started walking around the casino parking lot, in search of her parents. Casino security was notified. Security personnel called the sheriff’s department who located the girls parents, Petra Zaragoza and Bulmaro Reyes. The two parents were promptly arrested on charges of felony child endangerment and booked at the Santa Barbara County jail. Charges such as child endangerment generally carry special punishments which …

I am going to start this blog by saying that I am NOT a cop hater. I worked for a small police agency while I was in college and that was one of several experiences that tended to spark my interest in criminal law. In law school I worked for a local criminal prosecutor and am still friendly with some of the people I met and worked with decades ago. I believed then, as I still do today, that most police officers are generally good and honest people who are working at a difficult job. As a defense attorney it …

A dead body was unearthed today in the backyard of a Compton, California home. Los Angeles County Sheriff’s officers said the body was that of the alleged girlfriend of 22 year old Devon Anderson who supposedly walked into the local Sheriff’s Station and told deputies he killed his girlfriend during a domestic dispute the buried her in his yard. The Los Angeles County Coroner is investigating the cause of death and meanwhile young Mr. Anderson is being held in lieu of $1 million bail on charges of murder. He will likely see a judge on tomorrow or Friday. The police did not identify the name …

Alesia Thomas, a mentally infirm mother of two dropped her children off at a local LAPD station last year. Several officers were sent to Thomas’ home to investigate why. One of those officers is believed to be 48 year old veteran police officer Mary O’Callaghan. According to local news reports, there is LAPD video of this 19 year veteran cop kicking the handcuffed Thomas multiple times in the groin and stomach areas. Thomas was said to be handcuffed and in leg restraints when the alleged beating took place. At some point during the incident, Thomas is described as having lost …

Every once in a while a story just catches my warped sense of humor, like when the Riverside County woman’s body was found in a suitcase. I was struck again today when I read about the woman in Orange County arrested for child cruelty after she allegedly left her 10 year old boys legs chained up when she went out of the house. Child cruelty or child endangerment are often charges that I see over or improperly used. Here, it seems right on target. Santa Ana police got a report from a neighbor that the boy was chained up inside …

Curtis “50 Cent” Jackson has been charged with domestic violence and vandalism in Los Angeles City after he was allegedly involved in an argument with an ex-girlfriend who is described as the mother of a child of Jackson’s. In a statement by the Los Angeles City Attorney’s Office, they describe Jackson as having broken chandeliers in the woman’s home, kicked in a door and kicked the woman, causing injury to her and her property. Jackson was not taken into custody as he was not present at the location when police arrived. Jackson is set to be arraigned on the charges …

A 21 year old man was arrested for allegedly beating a Barista from a local Los Angeles restaurant. The twist here is that the severely beaten victim was said to be a transgender individual who was the target of a hate crime. Nicol Shakhnazaryan was said to be one of your young men who perpetrated this crime. The three other suspects are still at large even after a large reward was said to be offered for information leading to the arrest and conviction of these suspects. Nicol was picked out of a surveillance video tape taken near the location of the incident. …

A San Fernando Valley Doctor was arrested yesterday for allegedly sexually battering a patient he treated in 2007. The Los Angeles County District Attorney’s Office filed two criminal charges against Dr. Pez Abrahams regarding the 6 year old incident. At the time of the incident Dr. Abrahams was performing work for the federal immigration authorities. Some time after the incident the California Medical Board investigated Dr. Abrahams and ultimately revoked his license to practice in 2011, about 5 years after the incident. Dr. Abrahams was placed on probation and continued to practice medicine from his office in Winnetka, California until yesterday …

Two more people were arrested and charged with the murder of a local church deacon after a shooting erupted outside the Westlake area church. One man and two women have been arrested and charged with murder of Andres Ordonez after Ordonez and several other parishioners allegedly confronted vandals spray painting the walls of their church. After Ordonez contacted the individuals, another person was said to have emerged from a car and began shooting at the victims, killing Ordonez and wounding another person. Pedro Martinez, Ivy Navarrette and Janeth Lopez have all been arrested and charged with murder as well as …

The kid from the movie Terminator 2 was arrested yesterday for domestic battery in West Hollywood, California. The actors’ name is Edward Furlong and he is now 35. Furlong is due in court on January 25, in Beverly Hills Superior Court. Furlong was also arrested back in October for allegedly violating a restraining order. According to information made pubic by the Los Angeles County Sheriff’s Department, furlong has at least to misdemeanor cases pending against him. Furlong’s case in October appears to be in court at the “Airport” location on La Cienega Boulevard while his new case appears to be …

Actor Michael Nouri of Flashdance fame was arrested yesterday for domestic battery and other charges. Police in Beverly Hills, California were called to a residence on North Palm Drive after a 911 call was made. Police arrived and arrested Nouri for domestic battery, false imprisonment and obstructing the use of a wireless device. Domestic battery is a battery or harmful touching of another with whom the suspect has a dating relationship. False imprisonment is the intentional confinement of another person. Finally, destruction of a wireless device is self explanatory and is often one of several other added charge in a …

In a bid for attention, a Pennsylvania woman admitted to poisoning her boyfriend with Visine eye drops. Vickie Jo Mills, 33 was arrested Thursday and charged with 10 counts of aggravated assault, 10 counts of simple assault and 10 counts of reckless endangerment. She admitted to police that over the past 3 years, she had laced her boyfriend, Therman Edgar Nesbitt III’s drinking water with Visine eye drops 10-12 times. She claims she was not trying to kill him. Mills and Nesbitt have a child together. Nesbitt had been feeling ill and saw his doctor after experiencing nasea, vomiting and breathing …

Will Lynch was found not guilty yesterday in all but one of the criminal charges against him. He was charged by Santa Clara County Prosecutors with two felony counts of battery and elder abuse both allegedly serious bodily injury was caused. After three weeks of trial jurors found Lynch not guilty on all but one count, a simple battery charge in which the juror was unable to reach a verdict and a mistrial was declared. Prosecutors must now decide whether or not to have a second trial on the misdemeanor battery count. I say bravo to defense attorney Pat Harris …

Riverside Police officer Ryan Bonaminio was killed by gunshot wounds in November of 2010. The suspect in the crime, Earl Ellis began trial today. The opening statement by his defense attorney caused me some great concern for the outcome of his case. The Los Angeles Times reported that Mr. Earl’s defense attorney conceded the death by gunshot wounds and the fact that it was committed by Earl. The defense conceded that the death was a murder but disputed the allegation that it was premeditated. A first degree murder of a police officer carries a potential death sentence. The approach of …

Home run record holder Barry Bonds was sentenced in Federal Court to 30 days house arrest, 250 hours of community service and a small fine after his conviction for obstructing justice. The Assistant United States Attorney who handled the sentencing, Matthew Parrella, was very upset at what he considered a light sentence and fine that was almost laughable. United States District Court Judge Susan Illston, who presided over the Bonds trial and sentenced him indicated that because much of his earlier testimony denying steroid use was out of the public eye, she viewed his actions as less serious and used …

I currently have a client charged with evading arrest and DUI in the San Fernando Courthouse of Los Angeles County. He also has a 20 year old strike prior from a previous alcohol-related driving incident. In fact, is entire criminal history involves alcohol use or abuse. According to my client, he has been abusing alcohol since he was 18 years old. This was the time he enlisted in the Navy. He served in a combat zone in Viet Nam and was honorably discharged shortly after the war ended. While in the Navy he was trained in aviation electronics and has …

Post Traumatic stress disorder is a popular defense these days. With the establishment of veterans courts around the country, courts are seeing more and more defenses to crimes based upon combat service in the military. Here in Los Angeles there is a Veteran’s Court in Downtown LA run by a fantastic superior court judge. Judge Michael Tynan will cut your the brakes you deserve. However, just as quickly, he will send you to prison for not following the rules. Judge Tynan is running LA County’s veteran’s court and he is doing a bang up job. If a criminal defendant is …

Domestic Battery seems to be the crime de jour to prosecute these days.  Ever since the O.J. Simpson case, police officers do not seem to be able to go out to any domestic battery call without arresting someone.  Prosecutors do not want to dismiss a domestic battery case unless they have absolutely no possibility of a conviction.  Often times, a defendant in a criminal case does not fully understand the consequences of a domestic battery conviction until it is far too late. Many people are aware that if someone is convicted of domestic battery here in California, there are certain mandatory …

Hemet, California Police announced the arrests of two men on Saturday in connection with the recent urban terrorism against the City of Hemet and the Hemet, California Police Department.  A joint task for of city, county and federal law enforcement arrested Nicholas Smit of Hemet, and Steven Hansen of Homeland, California.  Smit was arrested for attempted murder of a police officer and other charges.  Hansen is said to be a convicted arsonist who was arrested for a parole violation. These arrests followed six months of urban terrorism against the City of Hemet and Hemet Police which included multiple acts of arson …

A police officer and a former police officer were recently indicted for civil rights violations stemming from wrongful use of their taser guns. The incidents happened in 2004 and 2005 in the City of Desert Hot Springs, California. If my math is correct that is about five to six years ago. My first questions is, why did it take so long to file charges against these two men? In recent years, many of us have noticed that almost all of our local law enforcement officers are now carrying Taser devices on their belts. In days past, Taser devices were limited …

A dog beater in Riverside got sentenced yesterday to three years of probation 90 days jail to be served on weekends, community service hours and anger management classes. Glynn Johnson of Riverside is a former Assistant Los Angeles County Fire Chief who was convicted of animal cruelty which apparently stemmed from a neighbor dispute over some noise problems. Weekends in jail and anger management classes seem appropriate under the circumstances, however, it seems absurd to sentence a dog beater to community work with animals. Maybe the judge could have thought that item through a little more clearly. In the end …