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  The new state law that increases the amount of time a jail sentence may be reduced for good behavior continues to be the subject of an ill-considered legal battle in Sacramento County. (For a review of the law's provisions, see our previous post.) The superior court judge who last week issued an order blocking enforcement of the law yesterday reversed himself and said that the law must be implemented until county jail inmates are able to bring their legal concerns before the court. "While county jail inmates may not be indispensable parties in the technical sense," Judge Loren McMaster wrote, "they are real parties in interest since the resolution of this matter directly affects them and their status." While we're pleased that McMaster has temporarily allowed the law to be implemented, we still disagree with his original ruling. The legislature clearly meant for the new law to merely amend a previous state law that already allowed state prison and county j

  While courtroom dramas on television and in the movies give the impression that most criminal legal cases end up in trial before a judge and jury, the reality is that the vast majority - over ninety percent - are resolved through negotiation. These negotiations, which take place between the defense attorney, prosecutor, and judge, result in a plea bargain, a judgment that falls somewhere between the prosecutor's desire for a conviction on all charges and the defendant's desire for a dismissal or finding of not guilty. District attorney's offices and judges are motivated to negotiate plea bargains because there aren't enough courtrooms, prosecutors, judges, and jurors to have all cases go to trial.  https://askcompetentlawyer.com/business-commercial-litigation/   Your defense lawyer has to be able to use this to get you the best possible deal. A plea bargain can take many forms depending on the alleged crime, evidence, and defendant's criminal history. It might be

  Confusion reigns at the Sacramento County Jail after a Sacramento Superior Court judge blocked implementation of a new state law increasing the amount of time credit inmates at the county jail can get for good behavior. Judge Loren McMaster issued the injunction on Wednesday in response to a lawsuit brought by the Sacramento County sheriff's deputies union, which claims that the California Community Corrections Performance Incentives Act of 2009 applies only to state prisons and not county jails. The new law, enacted by the legislature and the governor to deal with overcrowding of California's prisons and jails, was meant merely to modify and expand a previous state law that allowed prisoners, both in the state prison system and county jails, to have their sentences reduced if they met certain good behavior criteria. Under the old law, prisoners were eligible for fifty percent credit, meaning a one day sentence reduction for every two days served. That meant someone sentenced

  The tortured tale of time credits at the Sacramento County jail seems to finally have come to a close. Judge Loren McMaster on Friday ruled against the request by the Sacramento Sheriff's Deputies Association to block implementation at the jail of a new state law increasing the amount of early release time inmates could earn for good behavior. The ruling comes after a hearing that saw the sheriff's deputies association on one side arguing against the new law, and the Sacramento district attorney's office, Sacramento public defender's office, and the state attorney general's office all on the other side arguing for it. Keep in mind that before this new law went into effect January 25, state prison and county jail inmates in California were already able to earn early release if they met good behavior requirements.  https://askcompetentlawyer.com/civil-litigation/  All the new law did was increase the amount of credit that could be earned. (See our previous posts for

  Alternative sentencing programs allow people convicted of crimes to participate in programs that attempt to alter behavior patterns and enhance skills and therefore reduce the likelihood of committing crimes in the future. Though each program has its own way of doing things, typically a judge will tell the convicted person that he can avoid going to jail if he fulfills all of the program requirements, such as counseling, community service, and testing. Failure to meet these requirements will result in expulsion from the program and imposition of the original jail sentence. Sacramento County has a new alternative sentencing program called Ascend. It is like other programs in that it offers something different - and hopefully more beneficial - than typical jail sentences.  https://askcompetentlawyer.com/   The Ascend program is available for certain misdemeanor cases - determined by the judge - and provides an array of self-improvement activities, such as community service, career coun

  Three local police departments have announced that they will be conducting traffic checkpoints the night of Friday, July 13. The Sacramento, Folsom, and Rancho Cordova police departments are all using grants from the California Office of Traffic Safety and the National Highway Traffic Safety Administration to fund these efforts to check drivers for sobriety, as well as valid driver's licenses. Folsom PD will run its checkpoint from 7:00 PM to 3:00 AM and Rancho Cordova PD will run its from 8:00 PM to 2:00 PM. Sacramento PD has not stated when its checkpoint will begin and end.  https://askcompetentlawyer.com/e-2-visa/  At this point, the precise locations for each checkpoint have not been made public. As always, we advise you to take the steps necessary to keep yourself and others safe if you plan on going out drinking tomorrow night. That means, choose a designated driver, put taxi phone numbers into your cell phone, hire a limo, or take public transportation. Police and prosecu

  The Department of Motor Vehicles has posted on its website a memo that outlines how it will handle the Ignition Interlock Device test programs that will take effect on July 1 in Sacramento, Tulare, Alameda, and Los Angeles counties. [ Click here   to read a summary of the new law's provisions.] The memo states that "The new law - passed by the Legislature and signed by Governor Schwarzenegger in 2009 -- prohibits an offender from being issued or reissued a driver license by DMV following a suspension or revocation  for any DUI violation  in a pilot county  that occurs on or after July 1, 2010 , until an offender provides proof of IID installation and pays a $45 administrative service fee, in addition to meeting all other reinstatement requirements." Note that DMV is taking the position that the test program applies only to violations that take place on or after the law takes effect on July 1. We will monitor this issue and let you know if this changes.  https://askcompe

  Sacramento Defense Lawyer Proposition 19, which would have legalized recreational use of marijuana in California, was defeated by voters in Tuesday's election 53.8% to 46.2%.  https://askcompetentlawyer.com/  This means that marijuana use remains illegal in California, though a recent change to state law does significantly reduce the penalties. If it had passed, Proposition 19 would have made it legal to: possess up to an ounce of pot; use it in a non-public venue such as one's home or a public venue licensed for marijuana consumption; and grow pot at one's residence in an area up to 25 square feet. It would have also permitted local governments to authorize the retail sale of up to an ounce of marijuana to people 21 years of age or older, as well as impose local taxes on those retail sales. Because of the defeat of Proposition 19, possession and use of marijuana is still against the law. However, the passage in October of SB 1449 changes possession of less than an ounce

  Domestic violence - or spousal abuse - falls under California Penal Code 273.5, which makes it a crime when bodily injury results from a physical confrontation involving spouses, former spouses, cohabiting couples, or former cohabiting couples. For charges to be brought under PC 273.5, the injury must be traumatic - an external or internal wound caused by physical force - and willfully, or intentionally, inflicted. Domestic violence cases are often complicated by the dynamics of the spouses' or partners' relationship.  https://askcompetentlawyer.com/violent-crimes/  Each person usually has a very different view of what happened, and emotions tend to run high. Moreover, many people are effected by the incident, including children, relatives, friends, and neighbors. Since PC 273.5 is a "wobbler," it can be charged as either a misdemeanor or a felony, depending on the criminal record of the accused and the circumstances of the incident. Possible penalties for a  misdem

  A lawsuit filed by the League of Women Voters (LWV), the American Civil Liberties Union (ACLU), and other groups seeks to restore voting rights to about 85,000 people incarcerated in county jails or under the supervision of county probation departments. This action stems from the U.S. Supreme Court's directive to California last year requiring the reduction of the state's prison population because of overcrowding. California Secretary of State Debra Bowen and the Attorney General's office oppose the request. To comply with the Supreme Court's ruling, since last fall thousands of people convicted of non-violent felonies have been transferred from state prisons to county jails while many others with new convictions have also been routed to county facilities.  https://askcompetentlawyer.com/civil-litigation/   Still others who in previous years would have had their probation overseen by state officials have also been handed over to the counties for supervision. It is thi

  The California state Assembly yesterday passed   AB 327 , which would give voters the opportunity to modify the state's three-strikes law. The bill now goes to the state Senate. Approval of the measure there would place the initiative on the November ballot. AB 327 seeks to change the law to require that a third strike be categorized as violent or serious to result in a 25-year to life sentence. Non-violent or non-serious third felonies would instead result in a doubling of the applicable sentence. The bill does come with restrictions, however. https://askcompetentlawyer.com/  For example, the 25-year to life penalty would still be imposed for a non-violent, non-serious third strike if either of the previous strikes were for murder, rape, or child molestation. AB 327 comes as part of a movement to assess the impact of three-strikes laws. The Legislative Analyst's Office reported in 2005, after 10 years of three-strikes enforcement, that there was considerable variation across

  California law has two standards for determining if a person is driving under the influence of alcohol or drugs. One identifies a specific threshold of blood alcohol content above which a driver's ability to safely operate a motor vehicle is considered impaired. The other standard, however, is a general statement declaring it illegal to operate a motor vehicle while "under the influence of any alcoholic beverage or drug." It's important for drivers to understand the difference between these two provisions of the law, as well as how they work together. Vehicle Code 23152(b) states that it is illegal to drive with a blood alcohol content of 0.08% or higher, which is determined by a breath or blood test or combination of the two. [VC 23153(b) also specifies a 0.08% threshold but pertains to DUI with injury.] But if you've been cited for DUI stemming from consumption of alcohol, in addition to a violation of 23152(b) [or 23153(b) if there were injuries] you've p

  Sacramento Criminal Defense Attorney If you've been charged with a misdemeanor, one of the advantages of hiring a  criminal defense lawyer  is that in most cases your attorney can appear for you in court and represent your interests without you being present. Whether you appear depends on the circumstances of the alleged crime and what is being decided at each court date. You and your attorney should determine the best course of action. But having this option allows you to go to work, attend to the needs of your family, and take care of the other issues that we all face on a daily basis. Having your attorney appear for you for misdemeanor charges can be advantageous if you've been arrested in Sacramento, Yolo, or Placer counties but live elsewhere. https://askcompetentlawyer.com/complex-litigation/  For example, we've had clients - including some from outside California - who were arrested while visiting the Sacramento region. They contacted us after they returned home, g

  Robbery and theft are distinct crimes under California law. Each crime is defined under a particular section of the penal code, with separate charging guidelines and penalties. Under Penal Code 211, a robbery takes place when one person takes property from another person through the use of force or fear. A robbery is classified as first degree or second degree depending on where the incident takes place. If it occurs in structures considered inhabited (i.e., homes, apartments, vessels, trailers); against passengers or drivers of a public mode of transportation, like a taxi or train; or against people using an ATM machine,  first degree robbery  is charged. All other instances are considered  second degree . All robberies are felonies, and are strikes under California's Three Strikes Law. Conviction of robbery can result in a state prison sentence of two to nine years, depending on the circumstances of the incident. A theft, in contrast to a robbery, is a taking of property that 

  A recent ruling by a California appellate court (Second District, Division Six) recognizes important limits on police authority to seize and open packages sent by the post office, FedEx, UPS, or other delivery service. People v. Robey  concerns Kewhan Robey, who attempted to send a package through FedEx from Santa Maria to Illinois. A FedEx employee in Santa Maria noticed the odor of marijuana emanating from the package and called the police, per company policy. The officers, both of whom had extensive narcotics training, also identified the odor as marijuana and seized the package as evidence and took it to the police station. When the department's narcotics unit decided to not take up the matter, the officers continued with their own investigation and opened the package, revealing nearly one pound of marijuana. Robey, who had used a false name on the packing slip, returned to the FedEx office a few days later to find out why the package had not reached its destination. He was s

  The Department of Motor Vehicles has issued a memo that states that all people convicted of DUI in Sacramento County - regardless of their county of residence - will be required to install Ignition Interlock Devices on their vehicles as part of a  test program created under Vehicle Code 23700 . Sacramento County is one of four counties in California - including Los Angeles, Alameda, and Tulare - that were required by the passage last year of AB 91 to establish these DUI test programs for evaluation through 2016. The memo (Occupational Licensing Industry News - OLIN 2010-08) specifically declares: Individuals convicted of driving under the influence (DUI) under Vehicle Code (VC) §§23152, 23153, or Penal Code (PC) §191.5(b) in one of the four pilot counties must install a certified IID on any vehicle that he/she owns or operates, before a driver license can be issued, reissued, or the driving privilege reinstated. The IID requirement is determined if the conviction occurs in one of the

  The   Sacramento Bee   on July 26 published an article that documents the rising abuse of OxyContin by many people in their teens and 20s. OxyContin is a prescription pain killer that's derived from opium and has been on the market since 1995. Many young people try it because it can be ingested merely by swallowing a pill and lacks the stigma associated with other drugs such as heroine or cocaine. It is highly addictive, however, and can result in a physical dependence within a few weeks. The Bee's article gives a valuable profile of the dangers of abuse of OxyContin. What we would add is that Diversion (also known as Deferred Entry of Judgment) and Proposition 36 provide alternatives to incarceration for people arrested for illegal use of OxyContin and other prescription medications. These programs - intended for people accused of drug use or possession, not drug manufacture, sale, or trafficking - allow the possibility of avoiding a conviction in exchange for completion of

  The United States Supreme court last week issued a ruling that requires suspects to clearly state that they are invoking their right to remain silent during interrogation by police. If a suspect does not articulate his/her desire to invoke the Fifth Amendment right to remain silent, police may continue with the interrogation. The Court's decision in  Berghuis v. Thompkins  concerns Van Chester Thompkins, who was arrested for suspicion of committing a murder and then brought to the local police station. After being read his  Miranda  rights, he was asked to sign a statement that indicated his understanding of those rights. He refused to sign the form. Over the next three hours he was questioned by police. He remained mostly silent, except for a few comments not related to questions about the crime. According to the police, he finally said "Yes" in response to two questions asking if he believed in God and if he had asked God for forgiveness for committing the crime. Thes

  A report by California Watch and UC Berkeley's Investigative Reporting Program documents the growing number of car impoundments at police checkpoints throughout the state, and presents compelling evidence that this increase has been motivated in large part by the resulting revenue that flows to cash strapped local governments. Checkpoints conducted by the CHP and local police have increased dramatically in recent years as a means to combat DUI. But many police agencies don't just check drivers' sobriety. They also ask to see a driver's license, and if they find an unlicensed driver, they impound the car for 30 days. The constitutional problem is this: the Federal Ninth Circuit Court ruled in 2005 that such impoundments constitute an "unreasonable seizure under the Fourth Amendment . . . if the only justification is that the driver is unlicensed." CHP has ceased impounding vehicles since that ruling, but many police agencies - including the Sacramento Police