A group of Yale researchers recently conducted a jury trial study. They formed a group of 471 “jurors” of various body sizes to read a case surrounding the crime of check fraud while viewing one of four possible images of the “defendant.” Each image depicted a lean female, a lean male, an obese female, and an obese male. The participants in the mock trial were asked to rate the culpability (or guilt) of the defendant on a 5-point scale.
In a recent juvenile delinquency case, a minor stole a car and damaged it beyond repair, rendering it a total loss for insurance purposes. After admitting to the crime, the juvenile court granted Deferred Entry of Judgment (DEJ), meaning that the case would be dismissed provided the minor complete the terms of probation, which in this case included restitution, or paying the owner of the car for damages.
The court ordered the minor pay $13,000 in damages to the car owner, along with $2,000 in interest on the car loan as part of this restitution. After the criminal defense attorney filed an appeal to challenge the $2,000 interest portion, the court surprisingly denied the appeal. The reason it was denied was because there is no way to appeal a DEJ order, and the restitution is considered part of it.
Angele Hardman allegedly walked into a Macy’s store and asked the clerk to try on a valuable, $4000 ring. When the ring seemed to get stuck on her finger, the clerk attempted to remove it with water and lotion. When the clerk’s back was turned, Hardman allegedly took off the ring and swallowed it. She then was reported to have presented the clerk with a fake copy of the same ring.
The clerk immediately noticed the discrepancy and called store security. Hardman was searched, but because the ring was not found among her belongings, she was released. After reviewing surveillance video, the store contacted police, and detectives arrived at her home for the purpose of investigating the incident.
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).
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.
Things were looking up for pop singer Chris Brown. After pleading guilty to felony domestic violence charges against fellow pop singer Rihanna in June, 2009 and agreeing, among other things to complete 180 days of community service and a 52-week batterer’s treatment program or domestic violence class, Brown appeared in court recently to show proof that he had completed his program. He was also successful in getting a restraining order against him modified to allow peaceful contact with Rihanna. Brown remained, however, on 5 years of formal probation.
That may now prove problematic.
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.
Restitution has been an issue in two cases this week. Briefly, when one person is convicted of committing a crime against another, he is liable for “restitution” or payment for the damages caused by that crime. In a theft case, this means he must repay what he is accused of stealing and any affiliated costs, like replacement goods. In an assault and battery case, he must pay for doctors bills. In a hit and run, he must pay for damages to the other car.
In the Orange County criminal courts, especially the Harbor Justice Center, restitution is handled in one of two ways. It is either spelled out as an exact dollar amount at the time of the plea bargain or “to be determined”. When restitution is “to be determined”, the criminal case file is handed over to the Orange County criminal court’s Victim Witness office, which then contacts the victim and asks them to list the damages that they suffered.
David Letterman can sleep better tonight. Joe Halderman, the man accused of extorting Letterman for $2 million, has plead guilty. Halderman was accused of extortion after demanding $2 million from the late-night star, lest he divulge his various affairs with co-workers. Halderman’s criminal defense lawyers worked out a deal which requires that he plead guilty to felony second-degree grand larceny, spend 6 months in jail, complete 1000 hours of community service and complete 5 years of probation. Though they minimized the jail time, Halderman’s criminal lawyers could do nothing about the 27-year career at CBS that Halderman flushed down the drain with his threats.
Extortion is a curious animal. Blogs and reader comments expressing sympathy for Letterman and wanting a stiffer penalty for Halderman abound. Does extortion mitigate an extra-marital affair? Would we have felt sorry for Tiger Woods if someone threatened to expose his sordid soirees? And for the philosophically-inclined, here’s a question a friend once asked:
The Orange County Criminal Lawyer Blog