Sacramento Criminal Defense Lawyer Blog

The California Highway Patrol plans increased patrols state-wide for the duration of the Labor Day weekend to deter drunk driving. The heightened enforcement period begins this evening at 6:00 PM and continues until midnight on Monday, September 6. If you've driven on Sacramento's freeways today, you've already seen the electronic message signs flashing the admonition to motorists to call 911 if they see a drunk driver.

Locally, the Sacramento Police Department has announced a DUI and driver's license checkpoint at Florin Road and 24th Street, beginning at 8:30 PM and running until early Saturday morning.

Do what it takes to keep yourself and others safe this holiday weekend. If you plan on going out drinking, choose a designated driver before you leave your house or apartment. Also, take sufficient cash to pay for a cab if necessary. And, above all, look after your friends and family and keep them from getting behind the wheel if they've had too much to drink.

"Sobriety and Drivers License Checkpoint Notification," Sacramento Police Department, September 2, 2010

"CHP Prepares to Launch Statewide DUI Crackdown," Lake County News, August 31, 2010

The arrest in May of Sacramento Kings star Tyreke Evans for driving 130 miles an hour on Interstate 80 threw a spotlight on speeding and reckless driving on Sacramento's freeways - and the penalties that come with a conviction. The Sacramento Bee's Tony Bizjak published an article on Monday detailing the surprising number of people cited for excessive speed (Vehicle Code 22348) and reckless driving (Vehicle Code 23103). It turns out that over 80 people were issued citations by CHP for driving in excess of 100 MPH in May and June on freeways in Sacramento and Stockton.

Speeding and reckless driving convictions come with costly penalties. VC 22348 says that a first conviction for excessive speed (over 100 miles per hour) results in a $500 fine and loss of driving privileges for 30 days, with the amount fines and length of license suspension increasing with each conviction. A reckless driving conviction under VC 23103 can be punished by up to 90 days in county jail and/or fines up to $1000.

If you've been cited for excessive speed or reckless driving, contact the Law Office of Nancy King at (916) 442-1200 for a free consultation.

Triple Digit Speeders Surprising in Number, CHP Figures Show, Sacramento Bee, August 9, 2010

Deferred Entry of Judgment under PC 1000 - commonly referred to as Diversion - gives people accused of drug possession or use the opportunity to undergo drug treatment rather than be sentenced to jail or prison, as well as the possibility of keeping a conviction off of their records. The program is designed as an option for those arrested for drug use or possession; it is not available for people accused of selling, manufacturing, or trafficking drugs.

To qualify for Deferred Entry of Judgment (DEJ) / Diversion, the defendant must meet several requirements, including:

• No prior convictions for drug possession;
• No element of violence in the current offense;
• No outstanding probation or parole violations;
• No participation in a diversion or deferred entry of judgment program in the previous five years;
• No prior felony convictions in the previous five years.

Under DEJ, the defendant agrees to plead guilty to the drug possession or use charges in exchange for the deferred entry of judgment from the court. What this means is that the judge agrees to wait 18 months to 3 years before entering the final judgment for the case. During that time, the defendant completes a drug treatment program and maintains a clean criminal record. If these conditions are met, the judge "sets aside" the original guilty plea. This means that no conviction is recorded on the defendant's record.

Successfully meeting the terms of the program even means that the arrest for drug possession or use is considered to have never happened. This can obviously be beneficial in instances when a person is questioned about his/her criminal history, such as when applying for employment. (An exception to this is when a person applies for a position as a peace officer.)

Deferred Entry of Judgment / Diversion is a good option for many people arrested for drug use or possession. If you have questions about Deferred Entry of Judgment programs, contact the Law Office of Nancy King at (916) 442-1200.

In our April 8 post, we went over California law as it relates to petty theft. Today we'll review grand theft.

California Penal Codes 484 to 490 specify the elements of, and penalties for, both petty theft and grand theft. If the value of the property stolen is greater than $400, grand theft is charged.

Some exceptions to this general rule exist, however. One concerns vehicles. All instances of auto theft are charged as grand theft. Another exception concerns livestock and agriculture. A person who steals fruits, vegetables, nuts, fowl, fish, cattle, or numerous other agricultural and livestock items will be charged with grand theft if the value of those items exceeds merely $250 - in contrast to the $400 threshold for most other goods.

In general, grand theft is punishable by up to one year in county jail or state prison, substantial fines, work project, restitution, counseling, and probation. But again there is an exception. If the grand theft involves use of a firearm, then the prison term is 16 months to 3 years.

Grand theft is a 'wobbler,' meaning that it can be charged as either a misdemeanor or a felony depending on the prior record of the defendant and the particulars of the crime. Because of this variability, it's critically important to be represented by an experienced criminal lawyer to help you present the best possible case.

If you have questions about grand theft or petty theft, call me at (916) 442-1200. I've defended many clients facing theft charges and can review your case in a free and confidential consultation.

The laws in California concerning theft distinguish between petty theft and grand theft. The point we want to emphasize today is that substantial discretion is given to prosecutors to charge petty thefts as either infractions or misdemeanors, and grand thefts as either misdemeanors or felonies. Since the penalties vary substantially among infractions, misdemeanors, and felonies, it's crucial to obtain quality legal representation to build the best possible defense. In today's post we'll review petty theft, while in a post next week we'll go over grand theft.

California Penal Code Sections 484 to 490 lay out the guidelines and penalties for theft. Petty theft - often called shoplifting - is defined as a taking of property worth less than or equal to $400. Most first time petty theft offenses are charged as misdemeanors. Penalties can include a combination of jail time up to six months, fines up to $1000, restitution, work project, counseling, and probation.

As mentioned above, however, California law gives prosecutors the discretion to reduce a petty theft charge to an infraction or increase it to a felony, depending on the circumstances of the case.

• A petty theft can be charged as an infraction if the value of the stolen property is $50 or less and the defendant has no prior theft convictions. From the defendant's point of view, an infraction is preferable to a misdemeanor since it carries a fine of no more than $250. It's like getting a traffic ticket or littering citation.
• Prosecutors can also charge any second, third, or subsequent petty theft as a felony, which means the possibility of substantially higher penalties.

Because California law gives prosecutors so much discretion in petty theft cases, it's crucial to seek the advice of a quality defense lawyer if you're facing criminal charges. Call the Law Office of Nancy King at (916) 442-1200 for a free and confidential consultation to discuss your case.

Vandalism - defined in California Penal Code Section 594 as a malicious act that damages, destroys, or defaces with graffiti any real or personal property - brings with it the possibility of serious penalties, including jail or prison time, fines, restitution, and loss of driving privileges. A wide variety of acts fall under the definition of vandalism, but some of the common examples include defacing a park bench or statue, damaging cemetery monuments, breaking windows on a home or business, or spraying paint on a freeway or building.

Vandalism can be charged as either a misdemeanor or a felony depending on the dollar amount of the damage caused and prior convictions. If the cost of the damage is less than $400, misdemeanor charges are filed. People convicted of misdemeanor vandalism face up to one year of jail time and up to $1000 in fines. If the cost of the damage is $400 or more, felony charges are filed, with the possibility of up to one year in jail or prison and up to $50,000 in fines. As mentioned above, prior vandalism convictions can change what would be misdemeanor vandalism to a felony.

If the vandalism is graffiti, the penal code allows judges to order the person who caused the damage to clean up the property and keep it free of graffiti for one year. In addition, local governments in which graffiti vandalism takes place are designated under state law as "victims," allowing them to seek restitution from taggers to fund repair and restoration of damaged property.

Finally, California Vehicle Code Section 13202.6 requires the DMV to suspend driving privileges for up to two years for conviction for any form of vandalism. If the convicted person doesn't yet have a driver's license, the court issues an order requiring that the license be delayed for up to three years after the date that the person becomes eligible to drive.

Defense of vandalism requires an experienced and knowledgeable attorney. Nancy King, with 20 years in criminal law in the Sacramento region, can provide you with an aggressive and effective defense. Contact her at (916) 442-1200 for a free and confidential consultation.

Our last post covered the various provisions of California's Business and Professions Code that govern possession and consumption of alcohol by minors. Today we look at sections of the state Vehicle Code that also relate to minors and alcohol.

Possession of Alcohol in a Vehicle

Vehicle Code Section 23224 makes it a misdemeanor for a person under 21 years of age to have any sort of alcohol in a car, except under the supervision of a parent or guardian or as part of the minor's employment. Convictions under this code come with severe penalties, including impoundment of the vehicle for 1 to 30 days, fines of up to $1000, and jail time of up to 6 months. In addition, someone convicted of violating section 23225 is also punishable under Vehicle Code Section 13202.5, described below.

Suspension of Driving Privileges

Vehicle Code Section 13202.5 requires a one year suspension of driving privileges for anyone under 21 convicted of violating Vehicle Code Section 23224 described above or any of the Business and Professions Code sections outlined in yesterday's posts. It also says that if the person convicted of these codes does not yet have a driver's license, the DMV must delay issuing a license for one year after the convicted person become eligible. And each additional violation results in an additional one-year delay in getting a license.

DUI and Minors

Of course, minors are also subject to Vehicle Code Sections 23152 (a) and (b), which make it a crime to drink and drive. Conviction of DUI comes with fines of at least $2000, jail time, and probation. See the October 2, 2010 post for detailed information on DUI penalties.

Free and Confidential Consultation

Nancy King provides quality criminal defense for clients throughout the Sacramento region. Call her at (916) 442-1200 to discuss this topic or any other topic covered in this blog.

The State of California has a number of laws that pertain to under-aged drinking of alcoholic beverages. In today's post we'll outline the provisions of the Business and Professions Code that make it a crime for people under the age of 21 to purchase and consume alcohol. In our next post, we'll describe the sections of the Vehicle Code that impose driving related punishments not only for drinking and driving, but also for having alcohol in a vehicle, or for purchasing or consuming alcohol.

Possession and Purchase of Alcohol by Minors

The California Business and Professions Code lays out the penalties for the possession and purchase of alcohol by minors.

• Section 25662 makes it a misdemeanor for a person under 21 to have alcohol in a public area, except when transporting alcohol in the course of employment or under the direction of a parent or guardian.
• Section 25658 makes it a misdemeanor for a person under 21 to purchase or consume alcohol in a restaurant or bar.
• Section 25661 makes it a misdemeanor for anyone under 21 to use a fake ID in an attempt to buy alcohol.
• Penalties for a first violation of all three of these codes include a fine of up to $250 and community service of 24 to 32 hours. Penalties for subsequent violations come with a fine of up to $500 and 36 to 48 hours of community service.

In addition to knowing state laws relating to minors and alcohol, it's important to be familiar with the local laws of the city or county you live in, as well as of places you're visiting since each locality can enact ordinances related to alcohol consumption. For example, Davis has an Open Container Ordinance that bans possession or consumption of alcohol by any person in public areas - such as parks, sidewalks, and parking lots. Each violation comes with a $152 fine.

Free and Confidential Consultation

If you or someone you know has been arrest for violation of any of these laws, or you have general questions about minors in possession of alcohol, call the Law Office of Nancy King at (916) 442-1200.

As the calendar turns toward fall, colleges throughout the nation, including UC Davis and Sac State (CSUS) locally, are welcoming new and returning students as another academic year begins. For most students, college is a time of expanding one's worldview, improving critical thinking skills, and developing a vision of a career path. It's also a time to meet new people and learn to live independently, away from the structure, boundaries, and comfort of home life.

The college environment can seem like a cocoon, insulated from the consequences of the real world, leading some students to think that they can do things that would not be acceptable, or even legal, in the outside world, and not be held accountable. But often there are consequences. Some offenses might come under the purview solely of the campus disciplinary system, but some become the interest of law enforcement. And since the vast majority of college students are 18 years of age or older, they are treated as adults, not juveniles, by the judicial system, which means less tolerance and harsher penalties.

Most of the cases we see involving college students concern DUI, drug possession and sale, assault, vandalism, and theft. More often than not, they involve students who've never been arrested but have now done something unwise and out of character. They drive to a party off campus, drink three or four beers, and then get pulled over by local police as they drive home. They fall in with a crowd that likes to smoke marijuana, and then get arrested for drug possession, or even possession for sale, when police come to their off-campus house to break up a late night party. They get in a fight with a member of the local community who decides he just doesn't like college students. They pull a prank on a rival fraternity and get arrested for damaging property. Or they get arrested for sexual assault against someone they meet at a party or who lives in the same dorm.

The key thing to keep in mind is that once local law enforcement is involved, saying "But I'm just a college student" isn't a defense. Because of problems students have caused over the years, many communities are less likely than before to say, "That's okay. They're just kids." Police officers and prosecutors merely see college students as "the accused." In other words, don't expect any special treatment. Contact a criminal defense attorney and figure out your options.

Continue reading "College Students and the Criminal Justice System" »