Articles Tagged with lawyer

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Let’s face it: If you don’t want to get pulled over by a police officer, you shouldn’t give him the finger as you’re driving by. But in case you do, he’s no longer allowed to pull you over and arrest you for that reason alone.

John Swartz was pulled over and arrested in May, 2006 when he allegedly flipped off a police officer who was using a radar gun to check the speed of passing vehicles. The officer claimed that he “thought there may have been a problem in the car” and “wanted to assure the safety of the passengers.” Swartz was later charged with the misdemeanor crime of disorderly conduct, which was later dismissed.

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In 2011, Elizabeth Escalona, a 23-year old mother of five, allegedly attacked 2-year old daughter Jocelyn due to potty training problems. She kicked her in stomach, beat her with a milk jug, and glued her hands to an apartment wall with super glue, according to information brought at trial.

Jocelyn suffered brain bleeding, a fractured rib, bruises, and bite marks, according to doctor’s testimony. Some skin had been torn off her hands as a result of the glue. Glue residue was found on her hands, along with paint chips from the apartment wall. The girl was left in a coma for several days following her injuries. Jocelyn and her four siblings are now living in the protective care of their grandmother.

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In 2009, singer Chris Brown pled guilty in California to felony assault charges against Rihanna, a singer who was his girlfriend at that time. As part of his criminal sentencing, he was ordered to serve probation for a term of five years in his home state of Virginia and complete six months of community service. According to his log, he has accumulated over 1400 hours of service, ranging from picking up trash to washing police cars and fire trucks.

Chris Brown

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The Orange County register reports that a Laguna Niguel resident was arrested for drinking and having sex with her son’s underage friends since 2005. The woman, a 45-year old mother of three, is reportedly a “hockey mom” who allegedly met some of her son’s teammates during a sleepover at her home.

When interviewed by sheriff’s detectives, the woman first denied the allegations, but finally admitted to having sex with the older boy. She insists that she thought the older of the two boys was 18, like her son. He turned out to be 16. The woman’s Orange County criminal defense attorney insisted that she was going through a tumultuous divorce at the time, but that she wasn’t pursuing the boy. He also stated that the woman rebuffed the advances of the younger 13-year old.

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When you think of felony assault and battery charges, you probably envision murderous weapons like guns and knives, not french fries. The California Penal Code defines assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on [another] person.” Battery is similarly defined as “any willful and unlawful use of force or violence upon [another] person.”

Are french fries capable of inflicting a “violent injury?” When James Hackett and his wife began arguing after purchasing a meal at McDonald’s, his 11-year old stepdaughter attempted to stop their arguing. This angered Hackett, who allegedly then grabbed the container of french fries and threw them at her; they hit her in the face and chest.

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You’ve seen the ads: A loud crash, an ambulance, a slick lawyer asking you to call him and promising that if he loses, you pay NOTHING! If he wins, the attorney collects a percentage (between a third and half) of the award. This is called a “contingency fee” and while all criminal defense attorneys would like to assure victories for their clients, the California State Bar prohibits criminal defense lawyers or criminal law attorneys from taking any criminal matter on a contingency basis.

Historically, contingency arrangements developed so that the poor could sue over damages to their person or property. Proponents argued that this type of system encouraged attorneys to work as hard as possible to win. Critics responded that only litigants with a good chance of winning would be able to obtain representation, unless the attorney was otherwise compensated.

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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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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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