criminal

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 27, 2012

Porn Star Arrested

by Staycie R. Sena

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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Published on: June 26, 2012

Can you throw the first punch and be found not guilty of assault?

by Staycie R. Sena

Mark Vasquez was leaving an Orange County nightclub at 2am and made an insulting remark to his friends about a Marine who was also leaving. The Marine, Alex Martinez, took offense, and confronted Vasquez. That’s when the criminal violence began.

Martinez started bouncing around like a boxer, and Vasquez felt threatened. Vasquez threw the first punches and knocked out Martinez. Because Martinez was drinking heavily that night, his blood alcohol content (BAC) was 0.29. As Martinez fell, he banged his head badly, and was hospitalized in critical condition. Fortunately, Martinez has recovered since this incident and is back on active duty.

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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: June 19, 2012

Police Chief’s Wife Goes Wild!

by Staycie R. Sena

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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Published on: January 23, 2012

First Court Appearance After an Arrest – The Arraignment

by Staycie R. Sena

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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Published on: January 19, 2012

Orange County Criminal Defense Lawyer Urges You to Protect Yourself After an Arrest

by Staycie R. Sena

Most people never want to hear the words “you have the right to remain silent.” Rather than concentrating on the notification of an important Constitutional right, most people will immediately recognize that they are being arrested. If you or a loved one are arrested, there are specific issues you need to keep in mind.

If you are taken into custody, you will be searched for weapons or contraband and taken to a police station, where you will be further searched and then fingerprinted. This is not an option. Refusing to cooperate will not reflect well on you later and you could even be subjected to further charges, such as violating California Penal Code section 148(a), resisting, obstructing or delaying a peace officer in the performance of his duties.

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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: March 18, 2010

Restitution in Criminal Cases

by Staycie R. Sena

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.

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