Articles Posted in Arrest

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Miguel Alexander Vargas, 28, on trial in Orange County for the most severe form of domestic violence or spousal abuse charges for murdering his common-law wife, was recently tackled by courtroom deputies at the Central Justice Center in Santa Ana after the judge denied a motion to allow him to represent himself.  He was then ordered removed from the courtroom by the presiding Orange County judge and yelled “I’m not f—— going!”

Vargas has already had two similar outbursts: earlier in the day, he was forcibly removed from court after ranting to the jury to the jury pool “this case is fake- the victim is still alive” and ignoring orders from the judge to remain quiet. In May, Vargas was subdued in the holding cell when he refused to cooperate, calling the judge a “f——– idiot.”

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In Orange County (and all of California), crime victims with damaged or destroyed property are entitled to restitution. Criminal restitution requires that the defendant in a criminal case pay for the victim’s damages- he must replace or repair damaged property, pay for counseling, if necessary, and pay direct damages like medical bills that resulted from the criminal act.

Patricia Short-Lyster is one such victim. Around 2008, she bought a 1975 Dodge Adventurer pickup truck. Her father, a former auto mechanic, encouraged her to buy it because it was in excellent condition. In 2009, Leroy Stanley vandalized Short-Lyster’s truck so badly that the driver’s side door of the vehicle could no longer be opened. Stanley was arrested and pled “no contest” to the charges. (Pleading “no contest” allows a defendant to avoid having the conviction used against him in a subsequent civil trial).

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In 2009, an elderly woman got nervous and dialed 911 when a woman outside her home repeatedly rang her doorbell. She did not recognize the person at the door and did not open it. The woman, Marcelina Diaz, eventually left, but soon returned with a large bag . Inside the bag were latex gloves. This time, Diaz climbed a wall into the back yard. She pried open a screen door, only to find the sliding glass door locked. She was caught looking for another entry when the police arrived.

Diaz gave officers a fake name and birthday. Officers found the bag and gloves in the backyard. Besides being charged with felony residential burglary and making a false representation to a police officer, Diaz was charged with possession of burglary tools, a misdemeanor.

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Boyd Twin, a resident of South Dakota, was arrested and charged for assault with a dangerous weapon. The victim of the assault was his companion, also the mother of his children. The crime took place in front of the children, all of whom were under the age of nine years old. Twin told his companion to “choose which child he should kill first.” The children later needed counseling.

Twin pled guilty to the crime of assault with a dangerous weapon. At his sentencing hearing, Judge Charles Kornmann sentenced Twin to 78 months in prison, plus three years’ supervised release. Then Twin smiled.

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The adult film star Jenna Jameson allegedly crashed into a light pole in the Orange County city of Westminster recently. When officers arrived, she was showing signs of intoxication, so police conducted a field sobriety test, which she failed. Her blood alcohol content (BAC) was above 0.08, and she was arrested for driving under the influence.

While criminal law is clear on the definition of DUI, it is not clear on what you should do if you are stopped for DUI. Jenna Jameson’s first mistake was in taking the field sobriety tests. Did you know there are no consequences to refusing these tests? You should exercise that right.

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Just two years ago the Orange County criminal inmate population was low enough that  Orange County actually closed down a few criminal jail wards. Coincidentally, the State of California decided at that same time, that its prisons were overflowing and it enacted legislation to send a good percentage of state prison criminal inmates back to the counties from which they were sentenced, to be housed by the local jails.

This would be a convenient use of public resources, except that since this “realignment” in October, 2011, Orange County jail populations have increased steadily- mostly through minor DUI and domestic violence arrests.

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This week Marston Heffner, son of the Playboy founder Hue Heffner, was accused by girlfriend Claire Sinclair of domestic violence. At first calling her parents (who then called the police) the former Playmate of the year claimed that he “punched and kicked” her in their Pasadena apartment.  While unofficial pictures circulating the internet show a small bruise on her shoulder presumably from the “punching and kicking” it is possible that the mark was caused by something else. Like many women in alleged incidents of domestic violence, Sinclair asserts that she does not want to see Heffner go to jail. She is, however, demanding an apology, and has obtained a temporary restraining order against him. The temporary order lasts about a week until a formal hearing occurs.

Despite his girlfriend’s request to withhold punishment,Heffner could still face charges by the state under California Penal Code 273.5 or Penal Code section 243e(1). He could face either a fine up to $6,000 dollars or five years in prison or both depending on the severity of his case.  It appears that this was a first offense for Heffner and that could prove mitigating in defending his case.

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A football coach at Santa Margarita Catholic High School has been arrested for possession of narcotics. The coach was detained for possessing a “powdery white substance” , suspected to be cocaine. The substance was found in a search of his vehicle by the Orange County Sheriff’s Department. The coach was apparently not on campus or with students- the substance was found in a limousine in San Juan Capistrano, whereas the Catholic school is in Rancho Santa Margarita. He was, nonetheless, reportedly fired from his position as junior-varsity football coach and may face charges of both drug possession and being under the influence. This is the third coach from Santa Margarita Catholic High School to be accused of a drug offense in recent years.

Drug Policy in California sets various punishments depending on the substance in which a person illegally possesses. In this case, cocaine is found in Schedule 2 of The California Uniform Controlled Substances Act. It is illegal to possess under California Health and Safety Code 11350. Various sentences apply- from drug treatment programs to state prison incarceration.

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Prior to Miranda v. Arizona, in order to determine whether or not a confession was coerced such that it would be considered to have been given involuntary in violation of the 14thAmendment Due Process Clause, the courts would look at the totality of the circumstances. However, it should be noted that today, confessions are rarely deemed to be involuntary if the law enforcement officers involved conformed to the requirements of the Miranda case. Still, any Irvine criminal attorney will tell you that Miranda did not supersede the laws that bar involuntary confessions.

One of the purposes of the Miranda warnings was to inhibit the use of high-pressure tactics when obtaining a confession. The U.S. Constitution not only prohibits the use of bodily torture, but it also prohibits the use of more subtle mind-related tactics as a way of evoking a defendant’s confession against his or her will.

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After an individual is arrested for allegedly committing a crime, certain legal proceedings will take place. Although the presence of an attorney is not required, it is in your best interest to obtain the assistance of a knowledgeable criminal attorney who will properly represent you and answer any questions you may have. If you or a loved one has been arrested, don’t take a chance. Contact Orange County criminal lawyer Staycie Sena for to see what she can do for you.

The accused  may be booked by police or cited and released on his own recognizance until his first court appearance. The initial appearance-called the “arraignment”- will be the first proceeding in front of a judge. During this appearance, the judge informs a defendant of certain rights and asks for a plea of guilty or not guilty. When an attorney is involved, the plea is almost always a “not guilty” plea. This allows the attorney time to investigate and negotiate or fight a case.

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