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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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You have two prior strike felony convictions. That means that any felony you’re convicted of in the future, risks a prison sentence of 25 to life. You’re driving down a road in Santa Ana and you see a police officer’s patrol car stopped at a red light. What do you do? Slow way down? Take a quick right? Prosecutors say David Araujo Reyes of Santa Ana inexplicably gunned the car and ran right into it, injuring the officer inside. He then got out and surrendered.

Aggravated assault, or assault with a deadly weapon, is a type of assault that can cause great injury to another person. These kinds of criminal offenses are known in Orange County as “wobblers.” A prosecutor can file an assault or aggravated assault charge as either a misdemeanor or a felony, depending on the circumstances of the crime.

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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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In a recent story from the Orange County Register, the wife of Oceanside police chief Frank McCoy suffered a fit of depression in 2010 that stemmed from a domestic argument between her and her 17-year old son. Outraged that Mr. McCoy took the side of the son during the dispute, wife Brinda McCoy, 49, took the law into her own hands. She grabbed a gun and initiated a fierce standoff with police officers outside their Cypress home in Orange County, at one point firing several shots in the direction of officers before coming out her front door saying, “f——– shoot me,” disobeying officer’s orders for her to show her hands. She was quickly subdued by the SWAT team and arrested.

During the criminal trial, prosecutors contend that McCoy ignored the law by waving and pointing her husband’s service semiautomatic handgun at them and firing twice. McCoy denied seeing officers, or shooting at them. On June 18, 2012, Brinda McCoy was convicted of five counts of assault on police officers. Although she walked out of the courthouse on bail and in tears, she is lucky to be alive. Pointing or firing a handgun at police officers will result in police firing back with intent to kill. Similarly, disobeying police orders to show her hands increases tension in officers already on edge, knowing she was in possession of a weapon that she had already fired twice.

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Support letters come into play around the time of sentencing. The purpose of support letters is to give the judge a different perspective from that which has been learned from the trial. At this point, the judge has heard the evidence, a judgment has been rendered, and your Irvine criminal lawyer can only do so much to ask for leniency. Heartfelt letters from your friends may well be crucial in the judge’s decision as to the length of your sentence.

What the Letter Should Say

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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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If you ever watched a legal drama, you know that your Irvinecriminal defense attorney will be spending hours figuring out the best opening statement for your trial. After all, opening statements can be pivotal. They can set the tone – and the stage – for the rest of the prosecution.

So what are some important elements of an opening statement?

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An Irvine criminal defense lawyer can advise you, specific to your case, regarding the likelihood of obtaining the names of witnesses. Obtaining the identity of witnesses depends on the criminal rules of the jurisdiction where the case is being heard. In some jurisdictions, obtaining the names of witnesses lies in the complete discretion of the judge hearing the case. The judge will consider a number of factors when deciding whether or not to release the identity of witnesses. For instance, was violence involved in the matter, and has the defendant previously been arrested for violent matters? If so, would providing the identity of witnesses jeopardize the likelihood of witnesses showing up to testify for the prosecution? On the flip side, are the allegations complicated, perhaps occurring over a long period of time? Are the resources of the accused needed to defend and prepare the case limited such as to cause an unfair hardship on the defendant? The court will weigh these and other factors before deciding whether to release the names.

If the court is unwilling to disclose the identity of witnesses, anIrvinecriminal defense lawyer can still attempt to acquire those names through informal processes. The names can frequently be found in documents that must be disclosed through the formal legal discovery process. For instance in fraud cases, the sought after names can often be found in the corporate record books, ledgers, etc., which can be obtained through the document request process. An Irvine criminal defense attorney may also acquire the names through her course of discussions with prosecutors and co-counsel.

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Grand juries are skewed against defendants. Often, the jurors merely rubber stamp a prosecutor’s decision to file charges. Moreover, defense attorneys never find out what the exact vote count is; instead, they are merely told that their defendant is either charged or not.

YourIrvinecriminal attorney has her work cut out for you as you face a grand jury. There are, in fact, two different types of grand juries: the charging grand jury and the investigating grand jury. Whether you will face one or the other, or a grand jury at all, depends on your case and the jurisdiction where your case is heard.

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