December 7th, 2009
In 2006, California voters passed the proposition to put “Jessica’s Law” into effect. In theory, this meant that registered sex offenders would no longer be able to live within 2,000 feet of a school or park. Unfortunately, the vagueness of the law and lack of penalties for violations is making it impossible for police to enforce. More than 70 percent of the city’s sex offenders are violating the law.
Authorities say the law does not specify whether it applies to all sex offenders or only those who were convicted after the law took effect. Also, they claim there are no punishments for those who violate the law, making it pointless to go after the offenders. San Diego criminal lawyers say many of their clients actually want to follow the law, but the 2,000 feet from any school or park requirement leaves them with few housing opportunities. As a matter of fact, four sex offenders have challenged the residency restrictions and their case will soon be heard by the state Supreme Court. The court’s ruling is expected in February.
For now, the requirement seems to be causing more offenders to become transient, and thus harder to track. A recent report found that in 2006 San Diego only had 88 transient sex offenders, but in 2008, the number rose to 1,056 –an 1100% increase. Experts worry that by pushing offenders into transient status, the state is actually increasing the likelihood of repeat offenses.
To read more about this complex issue, see the article on Sign On San Diego. Image via Dave mcmt [Flickr]
Tags: crimes, jessica's law, parole, penalties, sex offenders
Posted in New Laws | No Comments »
December 1st, 2009
The 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].
Tags: crime tracking, escondido, graffiti, graffiti tracker, tagging
Posted in Legal News | No Comments »
November 24th, 2009
In 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].
Tags: brain scans, breakthroughs, evidence, fmri, mri, technology
Posted in Legal News | No Comments »
November 17th, 2009
When drug companies release pills that have similar addictive and inebriating properties to heroin, it’s no surprise that people get addicted. When people become addicted to something, there’s no telling what they will do to get it.
A recent example is a man who robbed a drug store at gun point, only to take Oxycontin pills. Police are searching for the suspect, but even if they catch him, his San Diego criminal attorney will likely be able to enter him into a rehabilitation program for his addiction in order to minimize the other penalties he faces.
To read more about the robbery, see the article in the Examiner. Photo via newtype2011 [Flickr]
Tags: addiction, criminals, defenses, drugs, oxycontin, police, robberies
Posted in Criminal news | No Comments »
November 10th, 2009
A year after the passage of California’s Marsy’s Law, crime victims have already began seeing the positive effects of the bill. The law greatly reduced the number of parole hearings provided to criminal offenders in order to help reduce the strain on the families of the victims who are required to attend the hearings. For many, the frequent hearings cause emotional strain by forcing them to relive the ordeal, additionally, the frequent trips to these hearings can often result in financial burdens.
Legislatures believe the law will also help save tax dollars by extending the period of time a person must wait between parole hearings. “Because of Marsy’s Law, I was afforded liberties that I have not seen in any of the previous parole hearings I’ve attended for other crime victims,” said Justice for Homicide Victims member Arnold Heilemann. “It will be a long time before we have to relive the agony of another parole hearing, but we must remain vigilant that Marsy’s Law does not become a law that can be ignored.” Marsy’s Law permits judges to select anywhere from one to fifteen year long periods the convict must wait before again applying for parole. The man convicted of murdering Heilemann’s son received the maximum waiting period of 15 years.
With the law in effect, those facing parole hearings need to take these opportunities even more seriously and should always work with a skilled San Diego criminal lawyer in order to maximize their argument’s effectiveness.
To learn more about Marsy’s Law, please read the article in Reuters. Image Via Bloomsberries [Flickr]
Tags: convicts, crime, marsy's law, parole, probation, victims
Posted in New Laws | No Comments »
October 27th, 2009
More than 1200 people have been arrested on drug-related charges in a 44-month-long, multi-agency sting called “Project Coronado.” The operation also resulted in the seizure of around 11.7 tons of drugs and $32.8 million USD. In the last two days alone, over 300 arrests were made –each of these 300 recent arrestees are believed to be somehow involved with the Mexican La Familia drug ring. This drug cartel is said to be the leading importer of methamphetamine into the United States. Investigators say the outcome of the arrests and seizures is certain to deal a heavy blow to one of the strongest cartels in Mexico.
“This unprecedented, coordinated U.S. law enforcement action — the largest ever undertaken against a Mexican drug cartel — has dealt a significant blow to La Familia’s supply chain of illegal drugs, weapons and cash flowing between Mexico and the United States,” said Attorney General Holder. “We will not allow these cartels to operate unfettered in our country, and with the
increases in cooperation between U.S. and Mexican authorities in recent years, we are taking the fight to our adversaries. We will continue to stand strong with our partners in Mexico as we work to disrupt and dismantle cartel operations on both sides of the border.”
More than 3,000 federal, state and local officers, spread throughout 19 U.S. states, were involved with the two-day take down. Investigators also managed to secure over 725 pounds of methamphetamine, 60 kilograms of cocaine, 950 pounds of marijuana, 140 weapons and 100 vehicles.
While this is great news for the U.S. government and those fighting the war on drugs, it may be devastating to anyone that has been wrongly accused in the sweep. These investigations are highly efficient in quantity, but because they operate in such large scale, mistakes can often be made and it is not uncommon for someone to be wrongly arrested in these operations. Anyone mistakenly arrested in Southern California is urged to contact a San Diego criminal attorney from The Law Offices of James J. Warner, as soon as possible.
To read more about Project Coronado, see the article on Reuters. Image Via MajoraCarterGroup [Flickr]
Tags: drug cartels, drug raids, drugs, federal crimes
Posted in Criminal news | No Comments »
October 20th, 2009
U.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]
Tags: drug crimes, drugs, heroin, marijuana, medicinal marijuana
Posted in Legal News | No Comments »
October 13th, 2009
A San Diego mother is being charged under the city’s “Social Host” law for allowing her three teenage children and their friends to drink at a party she hosted. Police officers say that Deborah Gibney may or may not have provided the alcohol to the guests, but she clearly knew the teenagers were drinking and failed to stop them. One teenage girl had to be driven to the hospital after drinking too much, a task Gibney took up to prevent an emergency crew from showing up at her home.
“Her actions were extremely irresponsible, and had the kids at the party not coaxed her into taking the kid to the hospital, who knows what would’ve happened,” said Sheriff’s Lt. Phil Brust said.
Gibney is only the second person to be charged under the six-year old social host law and police, San Diego criminal attorneys, and other legal officials throughout the county are awaiting the outcome of the trial. If convicted, she may face up to six months in jail and restitution to the city for the cost of the trial.
To read more about the accusations, see the article on The Times of The Internet. Image Via Tom.Arthur [Flickr]
Tags: social host law, teen drinking
Posted in Criminal news | No Comments »
October 6th, 2009
October 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]
Tags: computer crimes, cyber security, frame jobs, identity theft
Posted in Legal News | No Comments »
September 29th, 2009
San Diego County police added up to one hundred new prisoners to their jail yesterday in a massive, citywide gang and gang sweep. The five month long investigation, dubbed “Operation Red Sky,” involved a number of crimes from drug trafficking to pimping to murder and resulted in the arrest of 93 people, the majority of whom are known gang members. Many of the arrestees are top-leaders in the Skyline Gang.
Aside from the arrests, officers also confiscated 19 guns, 240 cannabis plants, 10 pounds of marijuana, 20 pounds of cocaine, two pounds of meth, 18 vials of PCP, 3000 tablets of ecstasy and around $60,000 in cash.
Authorities have said this is the sixth such raid on gangs this year and the effect has been a 40% reduction of gang-related crime in the city.
According to SDPD Chief William Lansdowne, “in the last five years, we’ve moved from (being) the ninth-safest city to the sixth-safest city in America.”
Criminal law specialists seem to agree the chances of all of the 93 arrestees being indicted and convicted of a specific crime based on the available evidence is slim, but the gang leaders will likely be put behind bars for a very long time without an exceptionally skilled San Diego criminal attorney.
To learn more about the busts, read the article on San Diego 6. Image Via Scragz [Flickr]
Tags: drugs, gangs, mass arrests, police raids, rico, san diego crime
Posted in Criminal news | No Comments »