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

Brandon Mullock, the Sacramento police officer arrested in January for brandishing a firearm while off-duty - and since that incident accused of filing falsified reports on DUI arrests - has resigned. Mullock had been on administrative leave since his arrest.

During its investigation of the January arrest, the Sacramento Police Department discovered irregularities in reports filed by Mullock on several DUI cases. Specifically, the details in Mullock's reports differed from the evidence provided by audio and video recordings made by equipment in Mullock's police vehicle.

The Sacramento District Attorney's Office has already dismissed charges in two of those cases, and nearly 200 more of Mullock's DUI arrests are under review. The DA's Office is not able to say at this point how many other cases will be affected.

A hearing on the reviewed cases has been scheduled for September 17 at 1:30 PM in department 9 of the Sacramento county courthouse.

Mullock had been with the department for three years and a member of the DUI task force since October 2009.

"Officer Resigns after Criminal Investigation," Sacramento Police Department new release, August 31, 2010

"Prosecutors review nearly 200 cases tied to former officer," Sacramento Bee, 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

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

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 to 60 days could be released after 40 days. The new law increased the opportunity for time credits to one day reduced sentence for each day served, giving a person with a 60-day sentence the chance to get out in 30 days.

The absurdity of this situation comes in many forms:

• The Sacramento Sheriff's Department, along with sheriff's departments in 20 other California counties, has taken the official position of implementing the law. As a result now you have the Sheriff's Department saying it intends to enforce the new law while the sheriff's deputies union fights to block it.
• After Judge McMaster issued the injunction on Wednesday, the Sheriff's Department declared that there would be NO GOOD TIME CREDIT GIVEN AT ALL until the matter is resolved, even though such credit had been granted for 34 years under previous law. So now you have people in custody who would have been granted one-for-two credit for good behavior under the old law, were expecting to get one-for-one credit under the new law, and now find that they get no credit at all.
• Complicating things even more, McMaster on Thursday issued a clarification that said that good time credit would continue to be awarded, but only for the portions of sentences served before January 25, the date the new law took effect.
• And finally, some Sacramento judges are apparently giving out sentences with calculations for credit for time served based on the old law.

The state legislature is apparently working to pass a law that would clarify who should receive credits, but given the shambles that is our legislature (what's happened to Abel Maldonado's nomination for lieutenant governor is a good example) we shouldn't expect quick action. The result is that this has taken away the incentives for good behavior for people serving time in county jail, and exacerbated an already serious problem of jail overcrowding.

What a mess.

This Friday, December 18, the Sacramento Police Department will conduct a sobriety and drivers license checkpoint in south Sacramento, while CHP will have one in Rancho Cordova. These are the first of at least eight traffic screenings that law enforcement in the Sacramento region plans over the next two weeks.

Sacramento drivers are receiving particular scrutiny because of data showing that Sacramento ranks at the top of U.S. cities larger than a population of 250,000 in terms of injuries and fatalities caused by alcohol-related traffic accidents.

We strongly advise everyone to not drive after consuming alcohol or ingesting narcotics. The risk of injury to yourself and others is real, and the legal consequences can be severe. Moreover, California law enforcement conducts more DUI checkpoints than any other state and that number is only going to increase throughout 2010, dubbed by public safety agencies as the "Year of the Checkpoint." With district attorney's offices and courts pushing for harsher and harsher penalties for drunk drivers, you are well served to do whatever it takes to keep yourself and family and friends from driving while intoxicated. See our December 11 and August 18 posts for more information.

If you or someone you know is cited for a DUI, get experienced and knowledgeable legal representation. Contact the Law Office of Nancy King if you have any questions.

Sobriety and Drivers License CheckPoint Notification, Sacramento Police Department

CHP to conduct DUI checkpoint on Friday in Sacramento County, Sacramento Bee, December 16, 2009

More checkpoints bolster statewide, Sacramento DUI push, Sacramento Bee, December 17, 2009

Sacramento made the pages of USA Today earlier this month after a crackdown by the California Highway Patrol on CUI, cycling under the influence. The story came as result of a CHP sweep of south Sacramento on October 23 that saw seven of 57 DUI arrests made against cyclists.

There is actually a specific section of the California vehicle code that deals with cycling under the influence. Section 21200.5 reads as follows:

• Notwithstanding Section 21200, it is unlawful for any person to ride a bicycle upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. Any person arrested for a violation of this section may request to have a chemical test made of the person's blood, breath, or urine for the purpose of determining the alcoholic or drug content of that person's blood pursuant to Section 23612, and, if so requested, the arresting officer shall have the test performed. A conviction of a violation of this section shall be punished by a fine of not more than two hundred fifty dollars ($250).

The key aspects of this code are that no specific blood alcohol level is required to determine CUI. Officers can cite a person for the mere presence of alcohol in the blood, or other evidence that the person has consumed alcohol, such as riding a bike erratically. Because CUI is based on subjective interpretation of events and evidence by police officers, people cited for CUI can benefit greatly from an attorney who can mount an effective defense.

In terms of penalties, though a CUI is listed by DMV on a person's driving record for three years, there are no restrictions on driving or points accrued for auto insurance. The maximum $250 fine is significantly less than what a person would pay for a DUI.

Though CUI can have its humorous qualities, it is still a serious matter that can benefit from legal representation. A conviction, even for a CUI, still ends up on a person's criminal record and can have consequences in the future. Contact the Law Office of Nancy King if you have any questions.

"Calif. Cops Crack Down on Drunken Biking," USA Today, November 1, 2009

California Vehicle Code Section 21200

Sacramento County District Attorney Jan Scully this morning announced a new program aimed to prevent and more aggressively prosecute DUI-related automobile crashes involving injury or death. The two-year program is sponsored by a $1 million grant from the California Office of Traffic Safety and the National Highway Traffic Safety Administration.

The program will create a team of deputy district attorneys with specialized training in issues related to these more serious DUIs. Each incident will be prosecuted vertically, meaning that a single deputy DA will handle each case from the filing of criminal charges through trial. (Currently, DUI cases are handled by different deputy DAs at different phases of prosecution.)

Part of the grant will also be used for programs to educate the public on the dangers and consequences of drunk driving, with particular emphasis on educating young people.

As we've said before through this blog, we support all efforts to reduce the incidence of DUI. Given the tough stance on DUIs by district attorney offices throughout the Sacramento region, we encourage everyone to take the steps necessary to keep themselves and others from being the cause of drunk driving related injury or death. Our August 18 post has practical tips to keep yourself and others safe.

Finally, this more vigorous prosecution highlights the need for quality, experienced legal representation for people facing DUI charges. Call the Law Office of Nancy King if you have questions about this, or any other, criminal defense matter.

Press Release on Felony DUI Vertical Prosecution Team

As a follow up to our August 28 post on nationwide efforts to reduce the incidence of drunk driving, we note that the Elk Grove Citizen is reporting increased DUI patrols and checkpoints by the Elk Grove Police Department on the weekends leading up to Labor Day and over the Labor Day weekend itself. This effort is part of "Avoid the Capital," an ongoing program supported by law enforcement agencies from throughout the Sacramento region to prevent drunk driving and arrest those people who do drink and drive.

The number of DUI arrests decreased in Elk Grove from 365 in 2007 to 305 in 2008. Elk Grove police attribute the decline to effective education programs, increased patrols during times when drunk drivers are more prevalent, and improved training to help officers spot drunk drivers.

For information on the increase in the number of women charged with DUIs, see our August 15 post. For tips on how to keep yourself and others safe and avoid breaking DUI laws, see our post from August 18.

"DUI Crackdown Intensifies in Elk Grove," September 3, 2009, Elk Gove Citizen
CaliforniaAvoid.org

As the California State Legislature wrestles with the possibility of paroling thousands of inmates from California prisons, a new study shows that in neighborhoods lacking a social network of long-time residents and active community organizations, crime tends to increase as the number of parolees rises. However, those neighborhoods with a strong social support system appear to do a much better job of bringing former prisoners back into society, and thus experience little if any increase in crime.

Because of the over $25 billion state budget deficit, the California Assembly and Senate are proposing cutting the state's prison population, which increased 73% between 1990 and 2006, three times faster than the California adult population. The Senate's plan is more sweeping than the Assembly's, but both would grant early parole to thousands of prisoners.

Coincidentally, University of California, Irvine, professor John Hipp has just published a paper in the Journal of Quantitative Criminology examining the impact of increases in parolees on the neighborhoods they move to after release from prison. His study, which looked at data for Sacramento neighborhoods between 2003 and 2006, showed that as parolees moved in, incidences of burglary, robbery, and assault often went up. When parolees with violent backgrounds moved in, murder rates went up as well.

What was significant though was Hipp's finding that this tendency toward increases in crime were moderated significantly in neighborhoods with established residents and community organizations that helped parolees reintegrate into society. A stronger social fabric seems to boost parolees' chances for success.

At a time when government and non-profit organizations are cutting services because of lack of funding, the legislature's plan to reduce prison population through increased paroles raises concerns for communities in light of Hipp's findings. Given that there will be continued pressure to reduce, or at least not increase, the state's prison population in coming years, communities need to find ways to strengthen programs that help former prisoners become contributing, law abiding citizens.

"Parolees' release leads to crime," UC Irvine, September 1, 2009
"California's Changing Prison Population," Public Policy Institute of California, August 2006

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

The Sacramento Bee reports that arrests of women for DUI offenses have risen dramatically in recent years throughout California, with marked increases in Sacramento County.

Since 2000, female DUI violations in Sacramento County have increased 60%, triple the increase seen for men.

Statewide, females under 18 years of age accounted for nearly a quarter of DUI arrests in 2007, up from 17 percent in 1998. In fact, the percentage of DUI arrests for women rose in all age groups during that time period.

"Female DUI arrests soar in state, capital area," Sacramento Bee