Sacramento Criminal Defense Lawyer Blog

A report by California Watch documents the dramatic increase last year in the number of vehicle impoundments by California law enforcement agencies.

2010 was dubbed the "Year of the Checkpoint" by law enforcement throughout the state. With funding support coming from the California Office of Traffic Safety, police agencies conducted more than 2,500 checkpoints, which require drivers to stop and show their licenses.

The primary purpose of these controlled traffic stops is to check drivers for signs of intoxication. The data show, however, that for each person arrested for DUI, six vehicles were impounded.

The California Watch report claims that part of this increase - over 17,000 vehicles were impounded last year - can be explained by the financial incentive local agencies have to impound cars. Often, municipalities will charge drivers a fee to have their vehicles released from impound and will get a portion of the towing fees.

It should be noted that several cities - including San Jose, Oakland, and Berkeley - have changed their checkpoint policies to try to lessen the difference between their figures for DUI citation and vehicle impoundment.

Because of our system of government that distributes power among national, state, and local levels, the location in which a person is arrested determines the departments that will deal with his/her case. If you're not familiar with the legal field, this can cause a great deal of confusion, and even some problems if you fail to communicate with the proper agencies. Seek the help of a qualified and experienced criminal defense attorney to help you determine the right course of action.

When you confer with a defense lawyer, one of the first things he/she will need to know is the county in which the arrest took place, since each county has its own superior court that handles violations of the law - infractions, misdemeanors, and felonies. If the arrest takes place in Yolo County, the case will be heard at the courthouse in Woodland. If the arrest takes place in Placer County, in most instances it will be heard at the courthouse in Roseville. Most cases in Sacramento are dealt with at the main courthouse in downtown Sacramento. Some, however, are heard in courtrooms at the county jail, and traffic cases are heard at the Carol Miller Justice Center. Juvenile cases in all counties are usually heard in facilities separate from those used for adults.

Each county also has its own district attorney's office, which prosecutes criminal cases, and sheriff's department, which staffs the county jail and patrols unincorporated areas or smaller cities that have decided to contract with the sheriff for law enforcement services.

If a city maintains its own police force, people who are arrested are taken to the local county jail. Thus, the City of Elk Grove police take people to the Sacramento County jail, while the City of Rocklin police take people to the Placer County jail.

That's not quite the whole story, though. To complicate matters, there is the California Highway Patrol, which focuses its efforts on freeways and major roads throughout the state. CHP personnel can be involved in arrests throughout the Sacramento region. But they will still take people to the local county jail.

To give a practical example, the DUI checkpoints that you might encounter this holiday season can be run by any of the law enforcement agencies listed above, and perhaps even a combination. If a person is found to be under the influence, he/she will be arrested and taken to the jail in that particular county..

Today we thought we'd shed some light on two simple questions: What's the difference between the police, sheriff, and CHP? and, Which court handles a case when a person is arrested?

Before going over each law enforcement agency, a brief primer on our system of government is necessary. Our Founders created a federal form of government. This means that governmental power, which flows from the people, is fragmented among national, state, and local governments. This was done because of the Founders' fear of centralized authority. Divide power among multiple government entities, they reasoned, and the possibility of infringement of individual rights diminishes. Thus the Constitution apportions some powers to the national government and some to state and local governments.

In the Sacramento area there are three main agencies charged with enforcing the law.

• First there are the various police agencies that serve cities. Police enforce local laws - things mostly related to public order, such as traffic and noise regulations - and all state laws - theft, murder, drug possession or anything else that has been legislated as criminal activity by the state legislature and governor.
• Each of the 58 counties in California has its own sheriff's department, which enforce state laws as well any laws passed by the county government. In Sacramento, the sheriff's department patrols in the unincorporated areas (those areas that are outside the boundaries of any city, like Arden-Arcade).
• And finally there is the California Highway Patrol, which as its name suggests, patrols California's expansive system of highways and major thoroughfares. The chief job of the CHP is to enforce traffic rules (e.g., no speeding) and ensure that highways are used for legal activities only (e.g., no drug trafficking).

So what happens to a person arrested by one of these agencies? Who handles their case? Though a person might deal with a city department (the police), a county department (the sheriff), or a state agency (the CHP), all cases are funneled through a county court system. Thus, a person arrested by any of these three agencies in Sacramento will find himself in the Sacramento County Jail, which is staffed by Sacramento County Sheriff's Deputies. Moreover, his case will be charged by the Sacramento County District Attorney's Office.

Continue reading "The Differences Between Police, Sheriff, and CHP, and What Happens if You're Arrested by One of These Agencies" »

The Sacramento Police Department announced that it has received $12 million in federal grants from the American Recovery and Reinvestment Act, the federal economic stimulus plan. These grants will be used to hire 35 officers and to upgrade the department's information technology network infrastructure, in car computers, and shooting range. The funds for hiring officers will allow the department to replace some of the 103 officer positions that were lost in recent years because of decreased funding due to poor economic conditions. Federal funding for the new officers will last for three years; the Sacramento Police Department must guarantee funding for a fourth year.

The Sacramento Sheriff's Department, in contrast, has received no federal stimulus funds and has had to layoff 130 deputies because of County of Sacramento budget problems. The Sacramento Police Department is considering hiring some of these deputies to fill the their 35 new positions.

Press Releases, July 28 and 31, 2009 - City of Sacramento Police Department
"Hire deputies due for layoff, Sacramento police chief urged by union," Sacramento Bee