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Why Choose a San Diego Criminal Attorney in DUI Cases

September 5th, 2010 Peter No comments

With just under 1.2 million people living in San Diego, it is a city that is generally peaceful. To compare its violent crime rate against the national average, San Diego is less than half when it comes to murder cases, almost at par when it comes to rape crimes , around half of the national average rate when it comes to robberies, but is 1.15 times the national average when it comes to aggravated assault. All in all, by average, San Diego is about average or slightly below at .97 times the national average. When it comes to property crime, San Diego is around 1.65 times the national average when it comes to Car Theft. This is the only indicator that stands out as arson, burglary and larceny theft averages in San Diego amount to around .70 as compared to the National Average. All in all, to compare property crimes national average versus San Diego, the city is just .83 times of it.

Being a San Diego Criminal Attorney is probably a lucrative career in the sense that one is busy but not overworked with cases as seen by the statistics of San Diego. What is not seen here is the number of DUI cases in the county as it has on average 16000 cases a year. This is so because of the strict and stringent laws it has on Driving Under the Influence. Those who are cited and charged with it must undertake a license hearing by the local DMV to see if they can keep their temporary license or not. This procedure entails the expertise of a San Diego Criminal Attorney and more specifically a DUI specialized lawyer for that matter. The premise for such hard line rules regarding DUI have paid off as of last summer, though there were about 2000 arrests of DUI cases, there were no recorded DUI related fatalities in San Diego. As San Diego holds the border between the United States and Mexico, it is easy to realize that a lot of travelers during the summer and holiday season pass through this area for a good time and often, there may be problems regarding sobriety when these vacationers return from Mexico.

A San Diego Criminal Attorney is familiar with these conditions and they do have the expertise to take on cases. Granted that it may not be inexpensive to hire a lawyer but what is the alternative. Would you want to get your license suspended or spend time in jail? Worse yet, when applying for a job, you would have to acknowledge your criminal record in your bio data or resume. I don’t think so.

Still, living in San Diego seems to be a good thing to do as its crime rates are not at all that bad. Just remember not to drink and drive.

Ex-sheriff Michael Carona’s Corruption Trail Started Today

August 21st, 2010 Peter No comments

 

BY MICHAEL WEBSTER: INVESTIGATIVE REPORTER OCT 27, 2008 at 9:55 PM PDT

Michael Carona former Orange county sheriff also known early in his career as America’s sheriff started his corruption trail  today with opening statements from both the prosecution and defense counsel. Carona setting at the defense table with defense attorneys, Jeffrey Rawitz and Brian Sun along with his mistress and co-defendant Debra Hoffman. They appeared to be listening carefully as prosecutors and defense lawyers presented their very different versions to the jury as to the facts in the long awaited trail in a packed courtroom representing mostly reporters, friends and family of the lawyers and other members of the U.S. attorney’s office.

The early morning overflow crowd watched the proceedings from a separate courtroom on the 6th floor at the federal court house in Santa Anna California.

Deborah Carona the ex-sheriff’s wife whom is also charged in the case, but goes to trial after her husband, watched the proceedings from a seat not far from the defense table.

First in the afternoon proceedings, Hoffman’s attorney Sylvia Torres-Guillen told jurors that charges were brought against her client only so the prosecution could show that “America’s Sheriff” had an extramarital affair.

“They dragged her in here because it makes their story that much sexier,” Torres-Guillen said.

Torres-Guillen pointed out to the jurors that Hoffman failed to become wealthy through her association with Carona, but fell into debt because of her law partnership with the soon to be Assistant sheriff George Jaramillo, who neglected their office when he began working with Carona. The firm obtained a $110,000 loan from Haidl and Hoffman got about $70,000 as severance from Haidl when she left the firm – money she always intended to repay, her attorney said. Jaramillo later indicted and convicted himself and is expected to testify against Michael Carona.

Hoffman failed to disclose the money in bankruptcy documents because she got bad legal advice, Torres-Guillen said, adding that there is no conspiracy and that her client should not even be here.

The first witness called by the government was Mark Dilullo, a pilot and owner of his own company in Rancho Cucamonga. He testified that he had a long standing relationship with the then sheriff Carona and with Don Haidle the government’s star witness in the case and told the jury that he knew both men before and after Carona won office.

Dilullo describing himself as a friend and business associate of Haidl’s said he or his company flew Haidl and friends to many different places and said he also had worked for Haidle.

Dilullo livened up the court room when he testified under oath that Assistant Sheriff Haidle ask him to asked trusted close  friends, relatives and associates to illegally donate money to Carona’s 1998 campaign. He himself, parents and a brother who is a officer in the U.S. Marines stationed at Camp Pendleton. The total amount donated was about $5,000 in checks. He also got three other friends to donate $1,000 each in checks.

Dilullo stated on the stand that Haidl with Carona’s knowledge reimbursed him in cash for the contributions. Dilullo said he then gave cash back to those who donated to Carona’s campaign.

Dilullo also pointed out that Haidl paid for Carona to use private planes for personal and campaign junkets to Lake Tahoe California and Las Vegas Nevada.

At Haidle’s request Dilullo said he arranged for a large campaign banner to be flown over Orange County beaches during the Carona campaign. He told the court room that Haidl introduced him to Carona over the phone, and that Carona also ordered him to have the banner flown over the home of Santa Ana Police Chief Paul Walters – who was Carona’s leading opponent in that election.

Dilullo testified that Haidl gave him $5,000 in cash to pay for the banner, the pilot and aircraft.

“Carona said he did not want anyone to know about that. Dilullo said.

Dilullo told juries that Carona took Haidl’s plane on trips to Las Vegas, including one time with his mistress Debra Hoffman. He said both Carona and Haidl told him to make sure Hoffman’s name was left off any records of the flights. On still another trip to Vegas at the opening of the new Bellagio’s casino, Dilullo said he saw Haidl hand Carona between $4,000 and $6,000 worth of casino chips and still more chips to Corona’s wife Deborah, at the same casino.

Its alleged Carona illegally won office in 1998 after accepting several thousand dollars in campaign contributions, then doled out favors to political supporters who bribed him with cash and gifts, prosecutors told jurors.

Carona’s defense attorney dismissed the allegations, describing the government’s probe as a “relentless assault” based on lying informants willing to sully the decorated lawman in exchange for lighter sentences.

Called by the LA Times as the highest-profile public corruption case ever prosecuted in Orange County. The corruption case is before the Honorable U.S. District Court Judge Andrew Guilford in court room 10 C.

The indictment accuses Carona of using his public office to enrich himself, his wife and his former mistress and co-defendant Debra Hoffman – a Newport Beach lawyer who told authorities she had an affair with Carona since 1998.

At the center of the government’s case is multimillionaire businessman Donald Haidl, who helped bankroll Carona’s 1998 campaign and was appointed Carona’s assistant sheriff even though he lacked the training and experience for the job.The alleged scheme was launched in 1997 when Carona’s campaign manager, George Jaramillo, arranged for Haidl and Carona to meet. Haidl saw the pair as a perfect political match: Carona the preacher man and Jaramillo the pickpocket, Sagel said. At the meeting, Carona promised Haidl a job as an assistant sheriff, full access to the sheriff’s resources and a “Get out of jail free card,” Sagel said.”Don Haidl was looking to buy power,” Sagel said. “Mike Carona and George Jaramillo were selling it.”The aspiring sheriff and Jaramillo told Haidl that if he put up enough money to win the election “you, Don Haidl, will own the Sheriff’s Department,” Sagel said.With Carona’s knowledge, Sagel said, Haidl illegally reimbursed donors to Carona’s 1998 campaign, a scheme that allowed him to exceed the county’s $1,000 limit on campaign contributions. After Carona won the election, the prosecutor said, Haidl paid for the sheriff’s vacation to Lake Tahoe, slipping him thousands of dollars in casino chips, allowed him unlimited use of his yacht and private jet, and paid him $1,000 a month in cash — money the sheriff used primarily to entertain his mistress.The prosecutor’s most damaging part of his case is the secretly recorded conversations between Haidl and Carona in which the two men discussed the “untraceable” cash bribes. Prosecutors allege that Haidl paid Carona at least $42,000 in cash, much of it changing hands during secret meetings in Haidl’s kitchen, and that in August 2007, Haidl and Carona discussed the bribes as Haidl wore a wire for prosecutors.”Unless there was a pinhole in your ceiling that evening, it never . . . happened,” Carona can be heard telling Haidl during the conversation played for jurors. “And that part is why I sleep real well at night.”Sagel told jurors that the word pinhole was a reference to a hidden camera and that Carona was aware of pinhole cameras because he had ordered four installed in his Santa Ana office.Haidl and Jaramillo have pleaded guilty to tax evasion charges and agreed to cooperate with prosecutors. Their cooperation will be considered when they are sentenced. Sun said the two men have sold prosecutors “a bill of goods,” and will falsely implicate Carona to win leniency.

Prosecutors also allege the ex-sheriff was directly involved in at least $450,000 in payments from Haidl to himself, Hoffman and Jaramillo.

The witnesses’ credibility is particularly important, Sun said, because there are no financial records to support allegations that Haidl bribed Carona, making this a “he said, she said” case.”They’re going to have to have porters to carry in all the baggage they’re bringing to the stand,” Sun said.

Another of Carona’s former friends who aided prosecutors is attorney Joseph Cavallo. Cavallo once represented Haidl’s son, Greg Haidl, in a high-profile sex assault trial. Carona routed a wrongful-death lawsuit – involving the death of a deputy – to Cavallo, prosecutors say. Cavallo isn’t charged in the case.

 Early in the proceedings, Assistant U.S. Attorney Brett Sagel characterized the probe as “the case of two Mike Caronas.”

Carona was known as a “bright, charismatic man who went from underdog candidate in 1998 to the sheriff of Orange County” Sagel said. The ex-sheriff, once the highest ranking law enforcement official in Orange County, controlled 4,200 employees and managed an agency with a budget of half billion dollars, he added.

“He was, according to Larry King, America’s Sheriff,” the prosecutor continued, as jurors looked at a photo of Carona in his decorated uniform.

But then there was a “secret Mike Carona,” Sagel said.

A photo of Carona, Haidl and Jaramillo, all standing outside Haidl’s private plane, flashed on a television screen not far from the jurors.

” ‘We’re going to be so rich. We’re going to make so much money,’ ” Sagel said. “These are the words of secret Mike Carona, defendant Mike Carona.”

“The Caronas, the Jaramillos and the Haidls became extremely close,” Sagel told jurors. “They would spend holidays together … (and discuss) constantly the money they would make when they ran the sheriff’s department.”

Sagel played excerpts from the secret recordings, including an exchange in which the ex-Sheriff used a racial epithet to refer to blacks. Carona also refers to gifts, saying they are “completely untraceable.”

Carona’s attorney, Brian Sun, painted the former sheriff as a good public servant who turned down lucrative jobs in the private sector. He characterized the prosecution’s alleged “bribes,” as the “exchange of gifts among friends.”

“Mike Carona is going to get his day in court finally,” Sun continued. “His reputation is in tatters … it has been humiliating for him to have his private life exposed like this by people who have an ax to grind.”

Far from trying to “feather his nest,” Carona tried to reimburse people for gifts, such as World Series and Oscar De La Hoya boxing tickets, Sun said. There is no evidence of cash payments, Sun added.

Carona also avoided using his position to influence others, Sun said. For example, Sun said that Haidl turned to Jaramillo for help in getting his son, Greg, tried as a juvenile on a rape charge – not Carona.

“Mike Carona is the victim of the worst kind of negative campaign ad you can get,” Sun said.

Sun said the prosecution selectively chose sound bites, particularly the racial epithet in which Carona is repeating a phrase first used by Haidl, to inflame jurors.

Laguna Niguel Truck Accident Lawyer?s Top Ten Worst Things to Hear the Police Say After a Truck Accident

August 20th, 2010 Peter No comments

1. We’ve decided to waive your right to be silent for you.

 

2. I’m the good cop. He’s the bad cop.

 

3. Thank you for allowing us to search your car. Oh, you don’t remember doing that. Well you nodded and I took that as a “yes.”

 

4. You’ll really love the food at our jail. Most people say they lose a lot of weight in there.

 

5. Jail’s not so bad, if you don’t mind noise and bad company.

 

6. We can do this the hard way or the easy way.

 

7. Maybe I’m the bad cop and he’s the good cop. Either way, you need to come clean.

 

8. Look at what we found in your car.

 

9. This isn’t going to look good on any employment background checks.

 

10. There go your chances of ever running for political office.

 

Here are ten useful tips of advice from a truck accident lawyer to follow if you have been in an accident. You can also learn more about how to handle a truck accident in Laguna Niguel, or any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com  and learning how we can assist you.

 

Obviously, if you have had an accident, and you are reading all of this advice, it may have been a few hours since the accident. However, if you ever have another accident, or if it’s only been a few hours since you were hurt, here’s what you should do from the start.

 

First, take a look around and determine if you or anyone, are hurt. If so, taking steps like trying to prevent further injury or loss of blood are the most important thing you can do. Even if some other driver caused you to be injured, it’s just good manners to help the other driver if they are hurt. They may even be so thankful that they admit their fault to you. The worst thing you can do is get angry or start a fight.

 

Second, make sure everyone is safe from being injured further. If you are in the middle of traffic, and you are dizzy, sit down away from traffic. If your vehicle is a traffic hazard and you have accident warning devices like flares or triangles, put them out on the road to warn other drivers and get away from the car. Let the police an other emergency personnel investigate the scene with the vehicles in place and move them more safely at a later point.

 

Third, call the police. Accident reports are extremely helpful if the police will do such a report. Let the police know you are injured immediately. Answer the police questions honestly. But if you are dazed or confused, let them know you need medical treatment and answer only what you feel sure about. Remember, your statements can and will be used against you if you admit fault, and it will be too late and too fishy to later say you didn’t know what you were saying at the scene. Police know that your best recollection is immediately after an accident.

 

Fourth, get the other driver’s information including their names, addresses, driver’s license numbers, make and model of their vehicles, license plate numbers, and their insurance company name and policy number. If there are witnesses, get their names, addresses and telephone numbers as well. If the other driver makes any admissions of fault, write those down as well.

 

Fifth, if you have a camera on your cell phone or in the car and you aren’t too injured, take some photos of the vehicles and the scene. If you can’t do it right away, do it after you are released from the hospital.

Sixth, if you are hurt, obtain medical treatment. Don’t decline the ambulance or hospital examination to save your insurance company money or to be stoic. Take your valuables out of your car if you can and get checked out at the hospital. If you are not hurt, don’t get treatment you don’t need. However, remember, after an accident, you may feel a rush of adrenaline that causes you to only start feeling symptoms of pain a few hours later. If you have a health plan that requires you to obtain permission first, call them and find out where you are allowed to seek treatment.

 

Seventh, call a good truck accident lawyer as soon as you have had your initial treatment, so the attorney can gather other important evidence and prevent the insurance company from taking advantage of you and obtaining such things as recorded statements that you feel fine, when many of your symptoms have yet to manifest themselves. A good truck accident lawyer can save you from making a great deal of mistakes and can shoulder much of the hassle of knowing what to do about car repairs, car rentals, medical treatment, witness statements and the like. If you think you will save money by not having an attorney, think again. A good truck accident lawyer can almost always obtain much higher settlements, obtain reductions of medical bills and insurance liens and prevent you from making costly mistakes. Also, most truck accident attorneys advance costs of obtaining police reports, medical records and the like and are paid and reimbursed for these costs only out of any settlement.

 

Eight, you will need to report the accident to your insurance company, but since they will want to take a recorded statement from you, just like any other driver’s insurance company, it’s good advice to retain an attorney first. And if the other driver did not have insurance, remember that it is your own insurance company that will be your adversary. You will also need to report the accident to the Department of Motor Vehicles and your lawyer can give you the form for this.

 

Ninth, do not agree to settle your claim privately with the person at fault for the accident. This almost never works out to your advantage. Don’t agree not to call the police. Police reports that determine the fault for an accident are golden. Your agreement to not involve the police only affords an opportunity for the other driver to change his story and blame you when the police will no longer investigate the accident.

 

Tenth, don’t pay a traffic ticket without a fight if you weren’t at fault or agree to accept a small payment for your vehicle repairs without knowing that the amount will in fact cover the cost of all the repairs.

 

If you’ve had a truck accident in Laguna Niguel, Orange County, Newport Beach, Anaheim, Irvine, Huntington Beach, Corona del Mar, Laguna Beach, Santa Ana, Orange, Fullerton, costa Mesa, Westminster, Buena Park, Mission Viejo, Garden Grove, San Clemente, Chino Hills, or anywhere in Southern California, we have the knowledge and resources to be your Laguna Niguel Truck Accident Lawyer and your Orange County Truck Accident Attorney. Be sure to hire a California law firm with auto, motorcycle, truck, bicycle, pedestrian, car, bus, train, boat and airplane accident experience, wrongful death experience and insurance law expertise who can ensure you are properly represented and get the compensation you deserve.

 

If you have a personal injury legal matter, a dog bite or if you’ve lost a loved one in a wrongful death accident, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com  and learn how we can assist you.

Criminal Threats: California Penal Code Section 422

August 3rd, 2010 Peter No comments

Defending California Penal Code 422: Criminal Threats

California Penal Code 422 makes threats of a criminal nature against the law in California.  The law states as follows:

So, criminal threats are really basically defined as a threat to seriously injure or kill an individual, causing that individual to fear for his or her well-being or life.  This might include a threat that was spoken or verbal, in writing, or via an electronic device such as on a computer, via a cell phone, etc.  Being accused of criminal threats is a serious situation and individuals who have been accused could face jail time and/or fines.

Defending a California Penal Code 422 Accusation:

Attorneys will use a number of defenses for a criminal threats case, depending upon the unique situation of the case and the circumstances surrounding it.  Some of the most common defenses for this charge are:

If the accused individual made an ambiguous statement toward the alleged victim, or a statement that was not made in a serious way, it should not be considered a criminal act.  This is also true if the statement was vague and did not actually threaten the alleged victim with death.  For instance, if tempers flared at an office and the accused, in the heat of the moment, said, “You better watch your back,” it may not actually be considered a criminal threat.  This kind of threat would also be considered ‘not imminent.’

If a threat is not backed by evidence that the accused would actually have hurt the individual or that a confrontation was imminent, it may not be considered criminal.  For instance, in the case of the above example, the statement was not only vague, but lacked imminence to truly make the alleged victim fear for his or her safety.  An imminent and serious threat would be more along the lines of, “When I see you in the parking lot after work, I’m going to get the gun I keep in my car, give you one minute to say your final words, and then I’m going to kill you.”

In another common defense, if the alleged victim never truly feared for his or her own safety, the threat was not criminal.  If they were unreasonably afraid, this may also be used as a defense for penal code 422.  An example of no requisite fear would be if the individual plainly knew that the accused was speaking in the moment and without serious intent to follow through on the threat.  It must also be determined that any ‘normal’ person would have truly been afraid for his or her safety because of the threat that was made.  If that can’t be established, it would be considered ‘fear unreasonable.’

If you’ve been charged with a criminal threat charge, it’s important that you contact an attorney right away.  Even if it seems juvenile because you truly didn’t threaten the alleged victim seriously, you could face serious consequences if your defense isn’t properly formed.  A capable attorney can convey your innocence to the court and quite possibly get the charges dropped against you.

Community Service in response to Misdemeanor

July 5th, 2010 Peter No comments

Most states break their crimes into two major groups, felonies and misdemeanors. The difference between the two types of crime is the punishment involved. Where a crime can be punished with a year of more of imprisonment in state prison, it is a felony. But if the potential punishment is for a year or less in the county jail, then the crime is considered a misdemeanor. There are certain crimes, called “wobblers,” which may be considered either a misdemeanor or a felony, because under some conditions the punishment may be imprisonment for less than a year, and in other situations, the criminal may go to prison for a year or more. It is up to the judge in the case, usually recommended by the prosecuting attorney, on whether to charge a wobbler as a felony or a misdemeanor. Other types of crimes, called infractions, may be punished by fines, but may still be considered a misdemeanor, such as possession of less than an ounce of marijuana for personal us.

Misdemeanors are crimes punishable by a maximum period of confinement, ordinarily in the county jail, of one year or less. Fines can also be imposed for misdemeanors. Unless otherwise specified by law, misdemeanors in California are punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one $1,000, or by both. Many California statutes define misdemeanors with greater fines, or with maximum terms of imprisonment of one year. Common examples of misdemeanors include: driving under the influence of alcohol or drugs, prostitution, vandalism, possession of loaded or concealed weapons, and petty theft.

Infractions are the types of crimes which are not punished by a term of imprisonment. Rather the types of punishments include fines and community service. The most common types of infractions are traffic offenses, like running a stop sign.

Other punishments for Class 1 misdemeanors can include the loss or suspension of a professional license. For example, a taxi driver who is convicted of reckless driving or driving while intoxicated may lose his taxi license. Likewise, a certified public accountant who commits fraud may lose his standing as a CPA. If the Class 1 misdemeanor is not related to the professional certification, the license does not necessarily have to be forfeited. If the CPA was convicted of a traffic related misdemeanor, it would likely have little effect on his standing as a CPA.

Upon being arrested for any crime, misdemeanors included, everyone has a constitutional right to an attorney. Depending on the nature of the crime and previous criminal record, an attorney can bargain to get charges reduced or dropped and punishments lessened

People who are convicted of misdemeanors are also punished by probation, community service or part-time prison sentences served on the weekends. Some lesser misdemeanors can carry a simple fine. One way misdemeanors can differ from felonies is in the loss of civil rights. If someone is convicted of a felony, then a loss of freedom and voting can be imposed. A misdemeanor should not result in a loss of civil rights except in those cases where a jail sentence is given.

Illegal Immigrants: What do we do?

July 4th, 2010 Peter No comments

 

Pro-immigrant advocates have voiced concerns in the past with deputizing local law enforcement agencies to enforce immigration laws. They’ve feared that doing so would discourage victims and witnesses from coming forward to report crime because of their concern that they themselves would be questioned about their immigration status.

Jerry EricksonPublished: March 19, 2009

Prince William is not the only local county cracking down on illegal immigrants lately. Starting March 9, the Fairfax County Sheriff’s Office began receiving access to a program called Secure Communities, which is administered by U.S. Immigration and Customs Enforcement (ICE). Fairfax County is the first county in the Washington metropolitan area, and the first in Virginia, to participate in the program. Secure Communities will allow county deputies to automatically access federal criminal history and biometrics-based immigration records of detainees in the Fairfax County Adult Detention Center and other county sites. The program is designed to help the county identify criminal illegal immigrants and begin the deportation process without requiring the expenditure of additional funds or manpower.

In comparison to Prince William County, some consider Fairfax County to be soft on illegal immigrants. However, Fairfax’s recent partnership with ICE through Secure Communities demonstrates that the county is now taking the lead on identifying and supporting the removal of undocumented immigrants who commit crimes. With the help of the Fairfax County Sheriff’s Office, ICE will be able to evaluate each person’s immigration status and then pursue appropriate enforcement proceedings.

Pro-immigrant advocates have voiced concerns in the past with deputizing local law enforcement agencies to enforce immigration laws. They’ve feared that doing so would discourage victims and witnesses from coming forward to report crime because of their concern that they themselves would be questioned about their immigration status. The Secure Communities program has received little criticism to date. This could be because deputies will only be screening people who have already been arrested.

Fairfax County Sheriff Stan Barry estimates that of the 27,000 people who were housed in the Fairfax jail last year, 4,300 were suspected of being in the U.S. illegally. The Mecklenburg County Jail in Charlotte, North Carolina implemented the Secure Communities program last year. In less than 18 months, the jail has placed 2,839 people into deportation proceedings.

I don’t believe anyone questions whether counties that surround large metropolitan areas, as Prince William, Fairfax and Mecklenburg do, are home to a great number of illegal immigrants. And few would argue against a program like Secure Communities. However, criminal detainees represent only a minor portion of the current illegal immigrant problem.

The real question is: Do we have the resources to deport the vast majority of the estimated nearly 12 million illegal immigrants living within our borders? Or is there a better, less expensive alternative?

Twelve million illegal immigrants represent a whopping four percent of the total U.S. population. In September 2007, ICE officials told Congress and the New York Times that it would cost nearly $100 billion dollars to deport all of these people.  This figure doesn’t even include the costs of finding the illegal immigrants, nor the court costs associated with trying them. In comparison, the entire 2009 DHS annual budget is about $50.5 billion – and DHS has to do things other than just deporting undocumented immigrants, like protecting our nation from terrorism. 

In 2008, on a budget of $46.4 billion, ICE arrested and deported approximately 350,000 illegal immigrants, more than ever before in one year. Yet, that’s less than four percent of the total number of illegal immigrants.

Most Americans agree that we need some kind of immigration reform. What form that takes is the center of controversy for critics on either side of the issue. Some would like to see the current administration focus more resources on detecting and deporting our nation’s illegal immigrants.

On the other end of the spectrum, there are those like the Center for American Progress, which issued a report in 2005 arguing that a massive national deportation program for illegal immigrants would be unrealistic and would cost $206 billion.  Most of the heat of the debate, however, has cooled down in recent months due to citizens and politicians shifting their focus to the dire economic situation. By necessity, most people are now more concerned about whether or not they will be able to keep their homes or put food on the table than the legal status of their neighbors. In keeping with the current climate, lately Prince William has taken the teeth out of its effort to battle illegal immigration.

Nationally, 2009 has seen comprehensive national immigration reform take a backseat to emergency economic measures. This leaves local governments with the responsibility of dealing with what should be federal issues. Even with limited resources, Secure Communities offers local governments, such as Prince William and Fairfax Counties, a cost-effective means to remove illegal immigrants who commit crimes.

In these difficult economic times, local citizens may applaud less controversial measures such as Secure Communities. However, given the sheer number of people who are in the U.S. without legal tatus, what our country must really address is the issue of comprehensive immigration reform. A portion of that reform could include identification, registration, payment of fines and a conditional status as a precursor to a more permanent form of status.  Given the current economic conditions, the progress that will be made by a national debate on immigration reform may not be realized soon. The reality is that deporting millions of illegal immigrants is simply too expensive and not a realistic option. With the above in mind, it’s time to at least begin our debate concerning solutions.

Jerry Erickson is the managing partner of Szabo, Zelnick, & Erickson, P.C. (www.szelaw.com), in Woodbridge, Virginia.  He is the senior attorney in the firm’s Business Immigration Section. He has practiced law for over twenty years and represents clients in numerous complex areas of   immigration law

 

The above information is provided for informational purposes only.  The information should not be construed as legal advice and does not constitute an engagement of the Szabo, Zelnick & Erickson, P.C. law firm or establish an attorney-client relationship with any of its attorneys.  An attorney-client relationship with our firm is only created by signing a written agreement with our firm.

 

 

Misdemeanors vs. Felonies

July 3rd, 2010 Peter No comments

Misdemeanors vs. Felonies

Most states break their crimes into two major groups, felonies and misdemeanors. The difference between the two types of crime is the punishment involved. Where a crime can be punished with a year of more of imprisonment in state prison, it is a felony. But if the potential punishment is for a year or less in the county jail, then the crime is considered a misdemeanor. There are certain crimes, called “wobblers,” which may be considered either a misdemeanor or a felony, because under some conditions the punishment may be imprisonment for less than a year, and in other situations, the criminal may go to prison for a year or more. It is up to the judge in the case, usually recommended by the prosecuting attorney, on whether to charge a wobbler as a felony or a misdemeanor. Other types of crimes, called infractions, may be punished by fines, but may still be considered a misdemeanor, such as possession of less than an ounce of marijuana for personal use.
Felonies
Felonies are crimes punishable by imprisonment in the state prison or by death. Fines can also be imposed for felony offenses. The court can impose both fines and imprisonment as part of a felony sentence. Common examples of felonies include: murder, robbery, and rape, drug offenses, and other serious crimes.

Felonies are much more serious offenses (e.g. robbery, grand theft, drug possession and/or sales of drugs, etc.) and can be punishable with significantly higher fines and imprisonment in the state prison for a period of years and capital offenses (e.g. murder) can even be punishable with death. Many sentencing issues, such as restitution to the victim of a crime, alcohol and drug programs and sex or drug offender lifetime registration with the local police agency can apply to both felonies and misdemeanors.
California punishes felonies with determinate sentencing. The California Legislature has stated the primary goal of the felony Determinate Sentencing Law is to punish the offender. Determinate sentencing provides three possible terms of imprisonment: a low, middle, and high term to be served in the state prison. Often it is assumed that the middle term is the appropriate sentence unless the court makes findings on the record that justify the higher or lower term. Making a finding on the record means that it is stated in open court. Where a crime is classified as a felony, but the statute does not provide a specific sentencing range, then the crime can be punishable by imprisonment in the state prison for 16 months, 2 years or 3 years plus any enhancements, such as personal use of a firearm.
However, unless the felony is specifically precluded by statute, a judge can sentence a convicted felon to a term of probation instead of a term of imprisonment. Among other things, the court may require the defendant, as a term and condition of probation, to serve local jail time, pay fines, complete community service and pay restitution.
If the defendant is a minor at the time of sentencing, they are not usually sent to state prison. Instead minors are sent to the California Youth Authority. The California Youth Authority is governed by the Department of Corrections. This is where minors will serve out their term of imprisonment. However, they may be transferred to a state prison once they reach a certain age, if their sentence still has time left on it.
Misdemeanors
Misdemeanors are crimes punishable by a maximum period of confinement, ordinarily in the county jail, of one year or less. Fines can also be imposed for misdemeanors. Unless otherwise specified by law, misdemeanors in California are punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one $1,000, or by both. Many California statutes define misdemeanors with greater fines, or with maximum terms of imprisonment of one year. Common examples of misdemeanors include: driving under the influence of alcohol or drugs, prostitution, vandalism, possession of loaded or concealed weapons, and petty theft.
Some misdemeanor can be settled via a “civil compromise,” pursuant to California Penal Code Sections 1377 and 1378. These sections permit a defendant to have a criminal proceeding permanently stayed or dismissed provided the victim of the crime appears before the judge, either in person or by declaration, acknowledging that they have received satisfaction for their injury. However, the court must agree to the compromise.
Other offenses, usually involving drugs, may be eligible for “deferred entry of judgment” or “diversion.” These provisions permit someone, who has pled guilty or no contest to a drug charge, to complete a drug awareness program and have the underlying criminal case dismissed after 18 months. However, if the defendant fails to successfully complete the program, the court can impose a jail sentence.
Where someone is convicted of a misdemeanor the court can either grant or deny probation. If probation is granted, it generally lasts for up to 3 years. However, offenses such as DUI, child endangerment, domestic violence and being under the influence of drugs permit probation to last up to 5 years. The court, in its discretion, could even order an alternative sentencing option. Alternative sentencing would allow any custody time served in a home detention, such as house arrest or an electronic-monitoring program, be counted against the ordered incarceration time. Where the court imposes a fine, the court will often be flexible in providing for an alternative sentence in lieu of a fine, consisting of community service hours.
Infractions

Infractions are the types of crimes which are not punished by a term of imprisonment. Rather the types of punishments include fines and community service. The most common types of infractions are traffic offenses, like running a stop sign. Another major difference is that a person is not entitled to a trial with a jury for an infraction and is also not entitled to the appointment at public expense of a lawyer to fight the case, unless the person has been arrested and is currently being held in custody.ns is crimes that are not punishable by imprisonment. The punishment for infractions is usually a fine or community service in lieu of a fine. A as