Category Archives: Criminal Defense

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

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“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)

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“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)

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“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

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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.

Slaying Suspect Speaks from Jail: ‘I Lost It’ (SAM SPITAL)

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“This is a case in which a man in his late thirties was caught two years after killing his wife, who was in her late teens a short time after she gave birth to their child. At the time of his arraignment he confessed to the crime, asserting his remorse and regret. Sadly, their infant daughter will no longer have her mother, and she will have to live her life knowing her father took her life away. What a horrific story. What a waste of human life. The slaying defendant claims he should not be guilty of first degree murder because he did not have a plan and it was not premeditated. Instead, he claims he “lost it,” and now blames society because he did not receive any treatment for his aggressive behavior.

We have so many places one can seek help for their violent tendencies. Does society take the blame for not unilaterally identifying such a problem &/or the friends and associates with whom such an individual came into daily contact? It is a very complex problem and probably not a single answer. However, it goes without saying each of us has to take responsibility for our own behavior. We have to find ways to find happiness and satisfaction in life, whether it be in positive goals, family, friends, work and/or creating strong beliefs.

The challenge for the defense will be to establish a defense as well as mitigation given the defendant’s many statements to the media, including that “there was no justification,” and “I’m not denying nothing (sic).” Nonetheless, the role of a great criminal defense lawyer is to create a strategy that protects and advances his client’s best interests regardless of the nature of the crime. That is why our American judicial system and the goal to provide due process of the law is the best in the world.”

Sam Spital, Criminal Defense Lawyer

 

Child accused in San Diego stabbing murder found mentally incompetent (SAM SPITAL)

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“Any time a 10 or 11 year old child is charged with murder, it is not only unspeakable for the victim’s family but the family of the accused also suffers emotional harm. It has been reported the child in this case had a mental illness, the Juvenile Court Judge found him mentally incompetent and, therefore, he could not stand trial until declared otherwise. This is a procedure in both juvenile and adult court.

Clearly, an accused must understand the charges brought against him and be able to assist his attorney who must ascertain sufficient facts to evaluate the options for presenting a defense Sometimes it is not whether an individual committed a crime, but whether he could formulate the required intent to be held guilty. In addition, if an individual is deemed mentally incompetent to stand trial, an effective and proper representation by legal counsel would not be possible, thereby denying the accused of due process of law. There may be a challenge for the Court in this case as a result of the defense lawyer stating the child is “remorseful,” since that would evince some type of understanding of the wrongful nature of his acts after the event(s) in question. Given a conundrum such as it seems, the Court has to exercise its sound discretion and have the child evaluated by a mental health professional to determine whether he is currently fit to stand trial.”

Sam Spital, Criminal Defense Lawyer

Tennis referee arrested in bludgeoning death of elderly husband in Los Angeles (SAM SPITAL)

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“Any time there is a suspicious death or homicide, the law enforcement will first look to the most recent person known to be in contact with the decedent and/or a spouse as the likely perpetrator. Nonetheless, one should not rush to judgment and/or infer an improper motive until all of the facts and circumstances are presented.”

Sam Spital, Criminal Defense Lawyer

SAN DIEGO: Three family members killed in home (SAM SPITAL)

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“It is horrific any time there is a killing, but far worse when it involves family members; yet, even more ghastly when infants are also involved in a homicide.

There simply is too much violence occurring in society. Whether it is a struggling economy, huge debt, a bankrupt government, unemployment, underemployment or quite often tension between each spouse, there are support mechanisms that should and must be used. There seems to be lacking sufficient education and/or Public Service Announcements to alert and encourage people to obtain assistance. Clearly, the money that is spent by Government on other things should take a back seat to what can be characterized as an unspeakable scourge in society. Everyone can access family therapy whether from a religious leader, individual or group counseling or a local and often free service group. No matter what, however, it strains credulity for anyone who has brought children into their life to injure or kill them.

It has been reported the Defendant has a long history of criminality and even was incarcerated in State Prison. The sad reality is our penal system did little to resolve the deep seated emotional problems that may be the underlying cause of the alleged crime. It appears the defendant was a victim of abuse and neglect as a child and did not receive a timely and correct diagnosis nor did he receive any appropriate treatment. Nonetheless, I do not know all of the facts and circumstances as the media accounts afford little for the reader to discern. Therefore, it would be inappropriate to rush to judgment. Everyone deserves the benefit of such restraint.”

Sam Spital, Criminal Defense Lawyer

Bill offers juvenile lifers 2nd chance (SAM SPITAL)

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The Bill is premised on the theory anyone under age 18 (except those convicted of torture or the killing of a law enforcement officer) can obtain what amounts to a “get out of prison card” because juveniles should not be incarcerated for life without parole if they can show rehabilitation. But, it is a slippery slope and eventually the legislature may say the same for adults.

Why keep anyone in prison after 25 years?

Then, should we ask the same question after a convicted felon has spent 20 years in prison?

Is there a sufficient deterrence for rape, robbery, murder, kidnapping and other heinous crimes since there no longer would be life sentences?

What about the adult population in prisons that are over 65, should they be incarcerated any longer?

There are complex issues on all sides of the equation, but interestingly no Republicans supported the Bill. Do these Assembly persons know something about dangerous felons and the theory and purpose of crime?

Perhaps the narrative should be changed and we should give our criminal trial judges more discretion in imposing sentences since they have witnessed the facts of a crime and are a better resource.

The debate continues.

Sam Spital, Criminal Defense Lawyer

Woman falsely represents a licensed physician

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“Nothing could be more personal than the care and treatment provided by a licensed physician. We place our trust and confidence in doctors and in turn expect them to apply their sound judgment to carry out proper medical protocols and procedures, and to provide the appropriate medical advice and services.

For anyone to falsely represent she is a licensed physician when not is at the very minimum unspeakable.

Even more troubling is the fact a lay person took a huge amount of money for her “alleged services” and injured an innocent victim who relied upon and was entitled to receive quality medical attention.

As a San Diego criminal defense attorney, at times we may not dispute criminality, but focus on the defendant’s recognition of wrongdoing. There may be a defense to the wrongdoing, but the emphasis can be on the punishment. Here, what should be taken into consideration are a host of special factors, such as remorse and the lack of a prior criminal record.

Not knowing anything more about this case than published in the news media, the best one can do is try not to be too judgmental. Once a complete life history of the defendant, an analysis of all of the facts and issues, and the elements of motivation and an individual’s mental state are known and considered, a criminal defense attorney can develop his strategy.”

Ratings and Reviews

BBB 10.0Samuel Eugene Spital
Samuel E. SpitalClients’ ChoiceAward 2021 Samuel Eugene SpitalClients’ ChoiceAward 2020
avvo rated 10/10 in Criminal Defense avvo rated 10/10 in Juvenile Law avvo rated 10/10 in Licensing
avvo rated 10/10 in Personal Injury Top ContributorAward 2012Samuel Eugene Spital Samuel Eugene SpitalReviewsout of 207 reviews