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Report: 55 Percent of Arrested Juveniles Tested Positive for Drugs

Posted on October 5, 2012 by Caroline Anderson - Senior Support Specialist

“In a study released to the news media September 6, 2012, it was reported that 55% of juveniles who were arrested in San Diego County tested positive for drugs. The study also discovered that 58 percent of adult males and 63 percent of adult females arrested also tested positive. Our schools need to place a greater emphasis on education and prevention inasmuch as those who use drugs have the highest incidence of other crimes, such as petty theft (shoplifting), DUI, vandalism, etc. Equally important is the sanctions imposed by the Courts, which should continue to place a greater focus upon intervention and sobriety, and perhaps use more creative incentive programs along with the standard support systems as part of the sentencing protocols.”

Sam Spital, Criminal Defense Lawyer

Mom to be tried in son’s drowning death (SAM SPITAL)

Posted on October 5, 2012 by Caroline Anderson - Senior Support Specialist

“The San Diego Union Tribune reported in the September 8, 2012 online edition that a mother drowned her four year old son. How outrageous could anything like this be? The article noted the mother thought of her own suicide but did not want to leave her son alone. Does this make sense? Of course not; anyone who would kill their child is a person needing skilled and comprehensive mental care and treatment.

No matter how serious the problem, it is unspeakable to take the life of another … let alone a family member; and, even worse a situation in which the life of one’s own child is sacrificed due to the pain and suffering experienced by a parent. It was reported the child was diagnosed as autistic at the age of one. Certainly, the child needed proper medical attention, and the article described the special care and steps taken by the parents to provide seemingly appropriate treatment. However, the process can take many years and the benefits may be slow and, at times, perhaps even seem futile. Nonetheless, there are many successful resources, including support systems and countless social programs, that are available. One should never give up, but even worse to drown their child to end his suffering seems more of an effort to end one’s own suffering. Clearly, the mother for the rest of her life will no doubt experience the guilt and pain associated with drowning her infant child. Apparently, the father was shocked when he heard about this while he was at work; he too is a victim of his wife’s crime and it is easy to see the suffering he will experience along with the guilt in not preventing the horrific murder.

The defense will no doubt raise an issue of the mother’s incapacity to know right from wrong, but more facts will likely surface to better evaluate the posture a defense lawyer might take to represent the mother in her criminal case. It was also reported that the mother drove to the police station after the drowning to turn herself in. It is not totally inconsistent for one to not know right from wrong at the time of the criminal wrongdoing, but later have remorse and/or comprehend she committed a homicide. The prosecution will likely argue against insanity, incapacity and/or mitigation raised by the defense.

The reader is left contemplating a whole panoply of thoughts and ideas.”

Sam Spital, Criminal Defense Lawyer

Oceanside man arraigned on murder charges (SAM SPITAL)

Posted on October 5, 2012 by Caroline Anderson - Senior Support Specialist

“In an article dated September 4th and reported by the San Diego Reader, there was a point blank killing of two individuals. The defendant who is 20 years old and used a rifle in the shooting is represented by the Public Defender. No motive was known. The DA filed both pre-meditated attempted murder and first degree murder charges. Bail was set at $5 million.

No other facts were reported so it is not possible to opine on or understand what appears to be a senseless and tragic crime.”

Sam Spital, Criminal Defense Lawyer

Deputy kills inmate at hospital (SAM SPITAL)

Posted on October 5, 2012 by Caroline Anderson - Senior Support Specialist

“In the Fox Channel 5 online news reported on September 3. 2012, there is an account of an inmate at the San Diego County Jail who appeared to be unresponsive in his cell. When deputies entered the cell, however, it was reported the inmate attacked the officers. Shortly thereafter, the inmate was taken to the University of California, San Diego Medical Center. (UCSD Hospital). While having a computer tomography (CT) scan, the inmate slipped out of restraints. Then, the inmate started swinging a chain at deputies and a medical technician. A deputy fired a Taser dart at his torso and he was struck with batons. Nonetheless, the defendant was able to stand up and as he was charging at a Deputy Sheriff, he was fatally shot.

These situations only remind us how vigilant law enforcement must be when at work, whether on duty in the street, in the jail or hospital.. Sadly, there are individuals in society that do not or cannot respond to directions from law enforcement, whether it is a result of their mental condition, use or abuse of drugs and/or behavior that is otherwise unpredictable or uncontrollable. No one condones taking another person’s life, except where there are special circumstances such as “self-defense, which appears to be the case in the situation described by the online reporter. Neither the conduct of the defendant nor the officers can be assessed without all of the facts and information. Until that is available, the best anyone can do is to wait and see before rushing to judgment. At the same time, the account sheds light on the increasing challenges that exist in society today. We all must be mindful of these stresses and try to put sufficient balance into our lives regardless what we are doing and where we are, as well as to be more tolerant and have greater understanding.”

Sam Spital, Criminal Defense Lawyer

State Supreme Court Denies Latest Appeal by Man Convicted of Murdering Three Boys (SAM SPITAL)

Posted on October 5, 2012 by Caroline Anderson - Senior Support Specialist

“This August 30, 2012 article described a Petition for a Writ of Habeas Corpus filed by a death row inmate for the murder of three young boys in the summer of 1975. The California Supreme Court unanimously denied the appeal, noting the 521 page Petition is an example of the abusive practice by prisoners and/or their lawyers consuming endless time for the Court to review otherwise frivolous and untimely appeals.

The Associate Justice wrote in the Court’s opinion there was overwhelming evidence the defendant was guilty of killing the three boys, and that ‘he forcibly sodomized one victim (possibly after he was dead) and that he represented a continuing threat to the safety of children in the neighborhood (inferable from the discovery by police that petitioner possessed hundreds of photographs of young children).’ The Defendant had admitted to the police he had gone to a park in Los Angeles County to take pictures of young boys, and confessed to slitting the boys’ throats, as well as admitting he choked the 7-year-old boy (the son of a family friend) after he asked to leave the defendant’s apartment where he planned to take nude photos of him, according to a previous 1995 ruling from the California Supreme Court.

The Court further stated: ‘Some death row inmates with meritorious legal claims may languish in prison for years waiting for this court’s review while we evaluate petitions raising dozens or even hundreds of frivolous and untimely claims.’ The task of a seasoned criminal appeal lawyer in handling such cases is extremely time-consuming. However, they usually are recognized if not commended by their genuine focus on both the facts and the law in a succinct and compelling manner, far different than many who claim or believe they know what they are doing and simply ramble, failing to present and/or articulate legally sound arguments.”

Sam Spital, Criminal Defense Lawyer

Target theft conviction clouds Auburn embezzlement suspect’s past (SAM SPITAL)

Posted on October 5, 2012 by Caroline Anderson - Senior Support Specialist

“In the news account dated August 30, 2012, the President of a Junior High School Parent Teacher’s Club is reported to have used the Club’s credit card one year prior to becoming its President to purchase for herself up to $4200 in merchandise from the Target store, which led to a current embezzlement charge. She also serves as Publicity Director for the Junior High School Football team.

Until all of the facts are known to be true, it is of no benefit to draw conclusions from reading the newspaper or listening to news accounts from media about anyone’s alleged criminality. At this point in an open criminal case the news media does not have the benefit of all of the facts and circumstances and, therefore, the public has even less because a reporter as a matter of course will selectively choose what events &/or actions to report in their account of a particular case. For example, if one entered the store with the intent to commit a crime, the charges would normally have been burglary, but the reporter did not include any such reference to additional charges brought by law enforcement and the prosecution. On the other hand, the reporter has sought to influence the reader’s opinion about the case at hand by including references to a prior grand theft conviction that took place about two (2) years ago.”

Sam Spital, Criminal Defense Lawyer.

4-year sentence for San Diego real estate agent (SAM SPITAL)

Posted on October 5, 2012 by Caroline Anderson - Senior Support Specialist

“The article linked to my commentary describes a 32 year old Real Estate Agent who was sentenced to four years in Prison for falsifying loan documents to help convicted drug traffickers obtain two homes to cultivate huge quantities of marijuana.

The reporter failed to describe the defense, offense and mitigation, if any. Hence, it is not appropriate for me to comment &/or provide an opinion on the case. Suffice it to say, an aggressive defense is the minimum that an attorney should provide a defendant.”

Sam Spital, Lawyer
~San Diego Criminal Attorney
~California Professional License Defense Lawyer
www.spitalaw.com

San Diego Police say Roman Catholic archbishop-elect of San Francisco arrested for DUI (SAM SPITAL)

Posted on October 5, 2012 by Caroline Anderson - Senior Support Specialist

“The article published in the Washington Post noted in the early morning hours of August 27, 2012, a San Diego Police Officer arrested the Roman Catholic Archbishop-elect of San Francisco for driving under the influence. If the facts are true, this certainly evinces a lack of good judgment as no one should drive after having any alcohol, whether wine, beer or liquor. It simply is not appropriate given the potential for harm or even death to others as well as the individual in question. Of course, the reader does not know all of the facts and, therefore, should not automatically conclude a DUI crime was committed by the newly appointed Archbishop.

The portion of the article that is troubling is the greater amount of written copy devoted to describing the Archbishop-elect as an ardent supporter of California’s same-sex marriage ban, and his role as Chairman of the U.S. Conference of Catholic Bishops’ Subcommittee for the Promotion and Defense of Marriage. It clearly shows a potential bias of the author of the Post article against others who may oppose same sex marriage, which does not seem relevant to whether a DUI crime occurred, and by whom. When this type of reporting takes place, one becomes suspicious of there being more information that should have been described but likely was omitted from (possibly even deliberately left out of) the article. Further, commonly accepted standards of journalism require a fair and balanced account rather than the writer’s use of the article to pander her own prejudices and/or to produce more justification to criticize others (regardless of religious belief).”

SAM SPITAL, LAWYER
SAN DIEGO DUI DEFENSE COUNSEL

San Diego CBP agents seize drugs worth $253,550 (SAM SPITAL)

Posted on October 5, 2012 by Caroline Anderson - Senior Support Specialist

“Clearly, the continued escalation of drug smuggling evinces the growing use of and seemingly unending reliance upon drugs by individuals who cannot tolerate their daily life challenges.

~ Addiction is a never ending cycle that demands rigid adherence to known and successful recovery programs.

~ Better education, developing proven life skills, and utilizing accepted and successful support systems can help reduce this scourge.

The role of defense counsel, among other things, is to identify weaknesses in the prosecution’s evidence; find all of the procedural errors, if any; marginalize the opponent case; and, emphasize the mitigating facts and circumstances.

The overriding premise is that everyone deserves a full and fair hearing, and even though accused of a crime are innocent unless and until proven guilty. It is too easy to rush to judgement based upon media accounts that far too frequently do not provide a balanced report.”

Sam Spital, Criminal Defense Lawyer

Feds charge 27 in California-Mexico meth ring

Posted on October 5, 2012 by Caroline Anderson - Senior Support Specialist

The continuing scourge of major crime represents a challenge for law enforcement and the judicial system that has limited resources, but the unintended consequences to those that are easily addicted to Meth often suffer life-long very complex and serious issues as well.

For defense lawyers, their role is to challenge law enforcement’s procedures and protocols that resulted in criminal charges being filed, and to advance their respective client’s rights and best interest by establishing legally sound defenses, focusing on the offense and not only defense, and to present all of the mitigating facts and circumstances. For a seasoned criminal defense lawyer who is passionate about obtaining winning solutions, this is an exciting part of the profession. For additional information and/or to obtain a free consultation, call Managing Attorney Sam Spital.

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