Sentencing

Published on: July 2, 2012

When the police tighten their belts- what’s first to go?

The Huntington Beach Police Department is cutting $1.5 million from this year’s budget. It will cut $1.1 million budget from next year’s budget? Just how are they able to do that and keep us safe at the same time?

The Huntington Beach Police Department in Orange County has already cut 50 positions in the last four years, and more are expected. Desk hours have been reduced. Residents are encouraged to report crime online instead of calling an officer out to their home. (The Department does make an exception to this reporting recommendation for domestic violence cases or other cases where violence may be imminent.)

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Published on: June 25, 2012

Orange County Jails at the Breaking Point

by Staycie R. Sena

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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Published on: February 19, 2012

Support Letters

by Staycie R. Sena

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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Published on: October 24, 2011

DUI Accident Results in 7 Year Prison Sentence

by Staycie R. Sena

An Orange County Superior Court judge has sentenced a 28-year-old male to seven years in prison for a fatal DUI related accident that occurred in early July.

The accident occurred at 12:50am on July 17^th, 2011 when the male driver, Yannis Ismael Galanis, was driving his GMC pickup at high speeds southbound on the I-5 freeway near Disneyland Drive. After suddenly swerving into a lane, his GMC crashed into another vehicle and continued up a dirt embankment before hitting a concrete barrier; the truck re-entered traffic lanes before coming to a stop on the freeway. Galanis, whose BAC levels was 0.11 percent, and his passenger Edgar Murillo, were taken to the local hospital where unfortunately, 29-year-old Murillo died hours later.

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Published on: September 14, 2011

Orange County Labor Day DUI Checkpoint Results

by Staycie R. Sena

In the last several weeks, Orange County has had more than its share of DUI sobriety checkpoints and DUI roving patrols. While most of these DUI checkpoints are announced prior to their commencement, it is not unusual for the location to be undisclosed or for the announcement to arrive literally moments before the checkpoint will be conducted.

During a recent anti-DUI campaign called “Avoid the 38”, officers were on the hunt for motorists who were driving under the influence of alcohol and or drugs and their efforts proved to be fruitful. According to released statistics, over 856 people were arrested for driving under the influence in Orange County during the two week stint that started on August 19^th and ended on Labor Day, September 5^th.

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Published on: November 11, 2010

Jail Credits – No Longer 50%

by Staycie R. Sena

Family and friends of criminal defendants facing a lengthy incarceration in the Orange County jail have found some relief when told that an inmate is likely to only serve 50% of his sentence, with good time and/or work time credits. Someone sentenced to 180 days in jail would only serve an actual 90 days, thanks to emergency legislation earlier this year aimed at combating jail and prison overcrowding. That legislation has, however, come to an end.

On September 29, 2010, Governor Schwarzenegger legislation, effective immediately, which returned credit calculation to the previous system of 2/3 credits. If the crime discussed above were committed after September 29, 2010, the defendant would now serve 120 days of the 180 sentence, with good time/work time credits. Crimes committed before that date (but after the original legislation, reducing the credits) are still subject to 50% credits.

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Published on: November 11, 2010

Marijuana Now Legal (Or Just Barely Illegal?)

by Staycie R. Sena

Voters upset at last week’s failure of Proposition 19 (to legalize marijuana) can take heart– in a quiet move shortly before the election state lawmakers decriminalized possession of less than 28.5 grams of marijuana. Senate Bill 1449, effective January 1, 2011, makes possession of marijuana a mere infraction, giving the offense the same legal weight as a traffic ticket. Unlike a traffic ticket, however, where fines can exceed $300, marijuana possession carries a simple $100 fine as a penalty. First time offenders may still be sent to a drug diversion and have the charge dismissed.

The maximum penalty prior to this legislation was $100 fine, but the crime was charged as a misdemeanor, which meant defendants charged with the offense had a drug criminal record. Many lost their jobs or government benefits as a result. Because it was a misdemeanor, it meant defendants were eligible for a public defender and a jury trial as well. In approving the legislation, Governor Schwarzenegger explained that the “only difference is that because it is a misdemeanor, a criminal defendant is entitled to a jury trial and a defense attorney. In this time of drastic budget cuts, prosecutors, defense attorneys, law enforcement, and the courts cannot afford to expend limited resources prosecuting a crime that carries the same punishment as a traffic ticket.”

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Published on: September 16, 2010

Tougher sentences for sex crimes – Chelsea’s Law

by Staycie R. Sena

“Chelsea’s Law” was signed into effect on September 9, 2010. Codified as AB1844, the law becomes one of the toughest in the world for sexual offenders. Most punitive perhaps, is its “one strike and you’re out” element or a provision that allows a life sentence without the possibility of parole for an adult defendant who engages in even a single act of forcible sexual conduct against a child 14 years old or younger.

Other provisions require lifetime parole for violent sexual offenders, GPS monitoring as part of that parole and lifetime prohibitions against entering parks where children could play.

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Published on: September 16, 2010

Most Petty Thefts No Longer “Wobble”

by Staycie R. Sena

A petty theft is the stealing of something under $400. Most shoplifting cases are petty thefts. Consequences for petty theft cases range, but criminal defense lawyers are typically able to get results which include a program and then dismissal or physical labor, community service, fines and probation. Sometimes, however, a petty theft can lead to a stiff state prison sentence. Until recently California allowed a petty theft to be charged as a felony if a person had been convicted of a petty theft at any time in the past and they’d been “booked” or had their mugshot and fingerprints taken at a local police department. Petty theft charges were thus what criminal attorneys call “wobblers”– they could be charged as either a misdemeanor or the more serious felony, at the discretion of either the District Attorney or City Attorney’s Office. Ironically, Chelsea’s Law has just changed this.

Chelsea’s Law, the law that severely increased penalties for sexual offenses against children under the age of 14, had a legislative rider that actually decreased the penalties for petty thefts. Effective September 9, 2010, a petty theft cannot be charged as a felony unless 1) the accused has three or more petty theft priors; 2) the accused is already required to register as a sex offender; or 3) the accused has a strike prior or has been convicted of an offense that falls under California’s Three Strikes regime.

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