Archive for the ‘Legal News’ Category

San Diego Curfew Law Struck Down

Tuesday, February 16th, 2010

The 4th District Court of Appeal struck down San Diego’s curfew law, finding too many flaws in the current wording. The court claimed the law was too broad and failed to offer sufficient protections for the town’s youths. A similar law was struck down in 1997.

One of the biggest issues the court had with the law was the lack of provisions for teens to get to and from legal late-night events without being picked up by a parent. Justice Alex McDonald claimed that the law imposed unconstitutional restrictions on the teen’s first amendment rights.

The city is already taking steps to adapt the law to suit the court’s decision. In the meanwhile, police cannot enforce the curfew. At present, the law says a person under 18 cannot be out between 10 P.M. and 6 A.M. unless traveling to or from a job or accompanied by an adult. At the same time, the minors have the right to be at certain events between these times. The city claims the law’s aim is to protect teens from being victimized by crime and from participating in crime.

“It punishes the minor even though they may have parental permission,” said the San Diego criminal lawyer responsible for appealing the issue. “It gives them the right to attend these things, but punishes them for going.”

To read more on the matter, see the article on Sign on San Diego. Image via Erin MC Hammer [Flickr].

Crime Rate Down 18%

Wednesday, January 27th, 2010

Crime rates in San Diego went down 18% in 2008, following a decades-long trend of crime rate reductions in the city. Mayor Jerry Sanders said residents are “less likely to be victims of crime now than any time since 1963.”

For every 1,000 people, there were only 28.2 crimes. In 2008, the rate was 34.56 crimes per 1,000 people.

While most cities nationwide have seen crime rate reductions in the last year, San Diego is fortunate to experience such drastic rates and for so many years in a row. Homicides in the city are the lowest they have been since 1972. Dallas, a comparably sized city, had nearly four times as many homicides this year, Phoenix had three times as many.

San Diego Police Chief William Lansdowne said the crime rate reduction was a result of a number of factors including better intelligence-based policing, improved technology and more efficient use of resources. He said that as more people have cell phones, crime rates should continue to go down because the devices allow people to report crimes without a time delay.

Not all statistics are down though, suicides, domestic violence and mental health-related crimes have all gone up. San Diego criminal attorneys say this is a result of the city’s reduction of mental health services and difficult economic times that have caused hardships in many relationships.

To read more about the crime reductions, see the article in Del Mar Times. Image via banspy [Flickr].

Crowe Family Continues Lawsuit Against Police

Tuesday, January 19th, 2010

Twelve years ago, twelve year-old Stephanie Crowe was found dead inside her home in Escondido. Police immediately suspected her fourteen year-old brother, Michael, and his friends. Eventually, the police conducted grueling interviews with the boys until they were coerced into confessing to the crime. DNA evidence helped lead police into finding Stephanie’s real killer though, a transient. While the charges were then dropped against Michael and his friends, the damage had already been done; the family was forced to suffer not only the death of their daughter, but the wrongful accusation and coerced confession of their son.

Not surprisingly, the family filed suit against the police officers involved, the police departments involved and the cities of Escondido and Oceanside for illegally coercing a confession from the boy. While the case was originally dismissed, a federal appeals court has insisted that the family does have grounds to sue the officers and police departments.

“One need only read the transcripts of the boys’ interrogations, or watch the videotapes, to understand how thoroughly the defendants’ conduct in this case ‘shocks the conscience,’ ” wrote Judge Sidney R. Thomas, as he proved that the case met the legal definition of a coerced confession.

The case may finally go to court this year, assuming the city does not appeal the case to the U.S. Supreme Court. At this point, the crux of the case lies in the definition of “a criminal case,” as the Supreme Court has previously stated that a coerced confession is not grounds for a civil suit until the mater becomes a criminal case –which has not been officially defined by the courts. Because the boys were formally charged, incarcerated and attended hearings, the family’s San Diego criminal attorney, Milton Silverman,  says the situation does qualify as a criminal case.

For now, he is pleased with the verdict. “It’s about time we got some justice for the Crowe family,” he said.

To read more about the issue, see the article on Sign On San Diego. Image via Paul Kehrer [Flickr].

State Senate Committee Approves Marijuana Bill

Wednesday, January 13th, 2010

San Diego criminal lawyers say that recreational marijuana use is one step closer to legalization today, as the the state Assembly’s Public Safety Committee has approved a marijuana bill that would let users of the drug smoke risk-free. The bill has been largely touted as an important step in helping California take control of its budget crisis through the major income stream that would rise out of the taxes on the largest cash crop in America.

Under the bill marijuana users, sellers and growers would have to be over 21 years of age and the state would charge a 9% tax on all sales, which is estimated to run at about $50 of taxes per ounce.

The victory for marijuana advocates is considered to be largely symbolic, as the bill must still be reviewed by another senate committee before it will be voted on. This second committee will not look at the bill for some time. Regardless, the drug’s supporters are still optimistic.

”We’re thrilled. This to me, this is the formal beginning of the end of marijuana prohibition in the United States”, said Stephen Gutwillig of the Drug Policy Alliance, a pro-legalization group.

To read more on the measure, see the article in Top News. Image Via Eric Caballero [Flickr].

Courts Set Standards For Police Taser Use

Tuesday, December 29th, 2009

In recent years, tasers have been hailed as an excellent non-lethal weapon for the police force to use to subdue unruly criminals. Unfortunately, both “unruly” and “non-lethal” have proven to be a bit subjective in practice. Police around the country have face controversy as they have used the weapons against unarmed persons who pose no risk to the officers and the public. Even worse, some people with medical issues have been hospitalized, even killed, by these supposedly harmless tools.

A federal court of appeals recently looked at this issue and has issued the most restrictive ruling yet regarding the police use of these weapons. The court declared that many uses of tasers violate the suspect’s rights to be free from excessive force. The court opinion seemed to imply that police should evaluate all aspects of a situation before using the weapon. Factors they need to be wary of include the suspect’s level of threat, the crime the suspect is accused of, and if the suspect is mentally troubled.

San Diego criminal lawyer Eugene Iredale, who argued the case, says it is a landmark decision and one of the clearest statements regarding the law enforcement tool’s use to date.

To read more about the court decision, see the article in the Modesto Bee. Image Via Oldmaison [Flickr]

Police Use Graffiti Tracker To Catch Vandals

Tuesday, December 1st, 2009

scragzThe Escondido police have developed a new, highly-effective method of tracking graffiti artists. Now whenever the police receive a call regarding a tagging incident, they take pictures of the vandalism with a camera equipped with GPS. This allows the department to use a graffiti specialist to identify other graffiti pieces done by the same person and help narrow down his or her home area and track the vandalism.

“When we catch that individual, we can charge him not only with that graffiti crime, but all the other ones as well,” Escondido police lieutenant Bob Benton said. “By looking at the locations we can essentially see where the suspect may live because what we’re finding is a lot of times suspects tag right around their homes. So, what we can do is they happen in a certain neighborhood and then we can start tracking to see who’s tagging in that neighborhood and try to track the individual that way”

Just Monday, a 19 year old graffiti artist was arraigned on six felony and 146 misdemeanor vandalism charges. His San Diego criminal lawyer has issued a plea of not guilty and they will return to court next month to begin the trial.

Police believe the graffiti tracker will not only help them prevent graffiti and catch those who commit the crime, but also help property owners receive restitution funds for the damage done to their homes and businesses.

To read more about the new graffiti tracking system, see the article on 10 News. Image Via scragz [Flickr].

MRI Brain Scan Permitted Into Evidence For First Time

Tuesday, November 24th, 2009

Banana DonutsIn a courtroom first, an fMRI brain scan was permitted to be used as evidence. The scan was entered into the trial by the defense attorney of Brian Dougan, who was accused of raping and murdering a 10 year old boy. The defense was hoping to use the evidence as proof that Dougan was psychopathic and therefore, ineligible for the death penalty. While he was still sentenced to death for his crimes, the use of fMRI scans in courtroom trials opens up new opportunities for defense attorneys everywhere.

Defendants need to not get too comfortable with the idea of using fMRIs as evidence though. As Stanford legal professor Hank Greely points out, “The penalty phase of a capital case … is a special situation where the law bends over backwards to allow the convicted man to introduce just about any mitigating evidence.”

Earlier this year a San Diego criminal attorney attempted to enter an fMRI into trial in a juvenille sexual abuse case, but the evidence was withdrawn without being admitted.

To read more about this breakthrough in evidence admittance, see the Wired article. Image Via Banana Donuts [Flickr].

Federal Government Revisiting Drug Policies

Tuesday, October 20th, 2009

r0bzU.S. Attorney General Eric Holder told federal prosecutors to stop pursuing cases against medical marijuana patients. Drug advocates are hoping this is the first sign of the country’s willingness to legalize the drug, but San Diego criminal lawyers see it merely as the federal government’s modernization of their marijuana laws. While 14 states permit medical marijuana usage, the federal government still classifies the drug as a Schedule I drug, on the same level as heroin –offering no medical benefits.

The announcement came days after the senate’s second-ranking Democrat introduced a bill that would help stop the sentencing discrepancy between suspects caught with crack cocaine and those caught with the drug in its powder form. This two-decade long law has often been held as evidence of the government’s preference for arresting and imprisoning African Americans over Caucasians, as black males are much more likely to be selling the drug in its crystallized form.

Legislation to support a federal needle exchange program is also moving through the house. Localized measures for needle exchanges have shown reductions in the spread of disease in the communities that take advantage of the practice.

The efforts all seem to back one of Obama’s election promises, to focus the drug war on violent offenders and those who sell to children and take some pressure off of non-violent drug users. Republicans are criticizing the efforts, claiming they may help speed the flow of money to the violent Mexican drug cartels.

“We cannot hope to eradicate the drug trade if we do not first address the cash cow for most drug trafficking organizations: marijuana,” Republican representative Lamar Smith said.

Some San Diego advocates are skeptical. After a similar recent announcement, feds still worked with San Diego police to shut down over 14 medical marijuana dispensaries in the city.

To read more about these federal changes to the law, see the article on The Spokesman Review. Image Via R0bz [Flickr]

Celebrate Cyber Security Awareness Month

Tuesday, October 6th, 2009

e30000October is National Cyber Security Awareness Month, sponsored by the Department of Homeland Security. This is a good time to remember to protect your computer and your network to prevent unauthorized usage of your personal info. While many people are solely concerned with the financial consequences of computer identity theft, this can be minor compared to the problem of criminal acts committed by someone who has already stolen your identity. While few people consider this problem when thinking about identity theft, it is a very real and unfortunate problem seen by many San Diego criminal attorneys.

Always keep yourself educated and aware of computer safety issues to prevent being victimized.

Image Via e3000 [Flickr]

Police Raid 14 Medicinal Marijuana Dispensaries

Tuesday, September 15th, 2009

caveman 92223Even as the state considers legalizing marijuana in an effort to increase tax revenues, the San Diego police have sent out a strong message that illegal drug-related activities will not be tolerated in the meantime. Last week, fourteen marijuana dispensaries were raided. A total of thirty one people were arrested, $700,000 in cash was seized, as well as six guns.

County officials assured the public that the raids were not intended to punish legal dispensaries, but to stop the proliferation of dispensaries that illegally deal narcotics.

“They’re doing so under the guise of helping people who are sick. But we’re not fooled and the public shouldn’t be fooled either,” District Attorney Bonnie M. Dumanis said.

Under state law, all dispensaries must be non-profit institutions. Recent estimates say there are around 60 marijuana dispensaries in San Diego, only a few of which are non-profit.

San Diego criminal lawyer James Warner believes many of the employees will not be prosecuted, as they may have been unaware that the dispensaries were operating outside the law.

For more information, please read the article in NBC LA’s news. Image Via Caveman 92223 [Flickr].