Sacramento Criminal Defense Lawyer Blog

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 a drug treatment program.

For a complete description of Diversion (Deferred Entry of Judgment), see our July 9 post. For a complete description of Proposition 36, see our July 15 post.

If you have questions about alternative sentencing programs, call the Law Office of Nancy King at (916) 442-1200.

Teens, Young Adults Abuse OxyContin in Northern California, Sacramento Bee, Monday, July 26, 2010

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.

People who have a "juvenile delinquency adjudication" - commonly referred to as a juvenile record - may petition the court to have that record sealed through the provisions of California Welfare and Institutions Code Section 781. As with expungement for adults, sealing of juvenile records is important for people who violated the law in the past but have since that time maintained a clean record and been contributing members of society.

It's important to understand the difference between juvenile and adult courts. Adult criminal courts in California deal with people 18 years of age and older accused of violating state and local laws. Adults found guilty of misdemeanors or felonies have a criminal record. It is possible at a later date to have this record expunged, whereby the conviction is replaced by a dismissal if specific requirements are met and the court believes that the person has learned from his/her experience. (See all our posts on expungement.)

Juvenile courts deal with minors, people 17 years of age and younger. A person found guilty in juvenile court has a juvenile delinquency adjudication rather than a criminal conviction. The idea is that since young people are not always appreciative of their responsibilities as citizens and understanding of the consequences of their actions, they should not have the stigma of a criminal conviction. Nonetheless, juvenile violations can still hinder people's ability to obtain employment or apply for college, even though they can legally answer no if asked if they have a criminal record. Thus the importance of having juvenile records sealed.

Having juvenile records sealed means that the court orders that all documents pertaining to the case - court records, police and probation reports - are sealed and inaccessible. (Exceptions to this are DMV records pertaining to driving violations.) Once the records are sealed, a person may legally say that he has no convictions and the courts and law enforcement must say that they have no record of a violation. Records are destroyed five years after they are sealed.

You may petition to have your juvenile records sealed if:

• It has been five years since your supervision by juvenile court ended or you have reached 18 years of age, whichever comes first;
• Your case began and ended in juvenile court;
• You have not been convicted of an adult court felony, or an adult court misdemeanor involving moral turpitude;
• You have not been convicted of any crimes listed under California Welfare and Institutions Code Section 707(b) after turning 14 years of age, including murder, arson, violent felonies, robbery, certain types of assaults and sex offenses and other serious violations;
• You can demonstrate that you have been rehabilitated;
• You do not have civil actions pending against you related to the incident that you wish sealed;
• You have paid all fines and restitution.

Continue reading "Sealing Juvenile Records" »