Articles Tagged with jail

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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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An Orange County man has been sentenced to 20 years and 4 months in prison for a fatal DUI-related accident that he caused last Valentine’s Day.  Gustavo Vega, 24, was driving while under the influence of alcohol on February 14, 2010 when he sped through a red light and crashed into a Toyota Corolla.  The Corolla’s driver sustained minor injuries but unfortunately the passenger, 20-year-old Cara Lee, died at the scene of the accident. According to the Los Angeles Times, Vega fled the scene but was later found by police hiding at a nearby housing complex.

This past Friday, Vega was sentenced at the Orange County Superior Court for murder, felony hit-and-run, driving under the influence and felony possession.  Vega’s blood-alcohol content level during that fatal DUI accident was at .17 percent, more than twice the legal limit.

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A former O. C. Newport Beach City Attorney was arrested on suspicion of driving under the influence after causing a solo DUI-related accident.

At 7:30pm on Friday, 53-year-old David Hunt of Santa Ana was driving in a parking lot five minutes away from his office at the west end of Ford Road near Mesa View when he allegedly hit a parked vehicle.  Once officers arrived at the scene of the accident, they had Hunt perform a DUI field sobriety test before he was arrested.  At around 2:10am, Hunt was released on his own recognizance and officers declined to provide the results of the tests and blood alcohol level.

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A 17-year-old Orange County boy has been arrested and booked on suspicion of driving under the influence of alcohol or drugs, causing a collision and vehicular manslaughter while intoxicated.  The teen was driving a van northbound near the 1600 block of Harbor Boulevard near Disneyland at around 4am when he allegedly struck two homeless women who were walking at the crosswalk.

According to the investigation, one woman was thrown a considerable distance into the southbound lanes while the second woman came to a rest in the left-turn lane of the northbound lanes.  Unfortunately, both women died at the scene of the accident and the teen was arrested and booked at the Orange County Juvenile Hall on several counts including a California DUI.

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A fatal DUI accident in Riverside County has resulted in an Orange County man being arrested on suspicion of driving under the influence and manslaughter.

The accident, which occurred at 3:35am on Saturday morning, took the life of 20-year-old Joseph Castro, from Santa Ana and injured two teenage girls, a 19-year-old from the city of Orange and a 16-year-old from Santa Ana. The driver of the vehicle, 22-year-old Victor Martinez from Santa Ana, was allegedly traveling at high speeds when he crashed into a dirt embankment along the side of the road. Martinez was then arrested and booked at the Robert Presley Detention Center on suspicion of driving under the influence as well as manslaughter.

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A 27-year old Orange County man is being arraigned on driving under the influence and murder charges after he allegedly caused a DUI-related accident that killed his 20 year old nephew.

Apparently, the alleged driver, Tapu Aniceto Sitagata, was drinking with a group of friends and family members when they were asked to leave the bar after becoming too rowdy. While still in the bar’s parking lot, both the bartender and a local arresting officer offered to call a taxi to take the group home. Sitagata and his friends refused, claiming a taxi cab had already been called.

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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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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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After several days this headline continues to highlight the front page of ocregister.com. Reader’s comments are scathing with “get rid of her now- she is a cancer in that department” and “this little piggy won’t be able to driver for 1 year” ** being among the most caustic. I feel for Monica Aguilar, who was was pulled over around 9:25 p.m. on the eastbound 10 Freeway in Los Angeles, according to the California Highway Patrol. Although originally stopped for tinted windows, officers suspected intoxication, gave her field sobriety tests and tested her blood alcohol concentration (BAC), which came in above .08, the legal limit. She was booked into jail and later released.

I feel for her because in addition to the court and DMV’s onerous penalties that come with a DUI conviction, severe public condemnation like the comments above and employment consequences (she may very well lose her job over the arrest), she may not receive the due process that each and every one of us are entitled to. Her case will no doubt receive special attention from prosecutors and judges and valid defenses will be cast with an air of suspicion. Imagine if her attorneys reviewed the blood alcohol machinery’s calibration logs and found that the machines were not properly calibrated and concluded that her blood alcohol result cannot be trusted (a common practice of DUI lawyers.) What juror is not going to say to himself “she’s only arguing this technicality because she’s a police officer and she knows the ropes?” Demanding accurate evidence before depriving someone of their liberty is something that we should want for each of us, even police officers.

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The rapper Lil’ Wayne started a one year jail sentence for possession of a deadly weapon yesterday. More precisely, he was convicted in New York for having a loaded gun on his tour bus. (As a side note, his sentencing was delayed twice. Once so that he could have his diamond-studded braces removed [probably a good thing before going into custody] and yet again because of a flood at the Manhattan courthouse.) This plea-bargain was not rash. He presumably had good attorneys and the case was fought for several years. Lil’ Wayne was originally arrested on this charge back in 2007. What is surprising is the severity of the sentence. As an Orange County criminal law attorney or criminal defense lawyer, I have represented numerous defendants charged with possession of a deadly weapon and many of those weapons have been loaded guns. Never have I had a client sentenced to such a lengthy jail term, however.

While it is possible that authorities are intent on making an example of him, it may also be the case that something warranted such a large sentense: Lil’ Wayne’s background or RAP sheet. Prior convictions will ALWAYS increase the penalties for future trangressions. I don’t know if Lil’ Wayne had ever been convicted before, but the fact that he still faces felony weapon and drug charges in Arizona suggests that he is not new to run-ins with the law.

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