Category Archives: Criminal Defense

Filner agrees to resign

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After only eight months as mayor, Bob Filner has agreed to resign in the wake of multiple sexual harassment accusations.

So far, 18 women have come forward to publicly accuse Filner of sexual harassment, and a former aide filed a lawsuit against him and the city, seeking damages. The city has agreed to pay for some of Filner’s legal fees in exchange for his resignation. They will also cover any damages awarded in the lawsuit brought against him.

It is fortunate that Filner has finally agreed to resign. A person who cannot control or manage their own personal life should not be allowed to control and manage a city.

 

Escondido council gets rid of red-light cameras

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The Escondido City Council voted unanimously to take out the red-light cameras in the city.

Even though their contract doesn’t end until December, the police chief said that he and his officers would immediately stop issuing tickets for red-light camera violations.

Escondido is hardly the first city to stop using red-light cameras. San Diego, El Cajon, and many other California cities recently stopped using them. As they grew more effective, cities began to lose money on them. The number of citations in Escondido has dwindled to the point where it doesn’t make sense to continue funding the program.

Instead, the city will take other measure to reduce collisions, including adding left turn lanes and synchronizing stoplights.

It is good that the city recognized the problem and addressed it so they won’t continue to lose money.

 

Officials warn about lottery scam

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A new lottery scam that targets the elderly is offering millions but instead gives nothing.

A San Diego couple lost about $30,000 to the scheme, which used an official San Diego County seal on a letter, and a photocopy of a check for $2.5 million made out to the couple. The letter told them that to get the money, they first had to pay taxes on the prize, which they did, also revealing their bank account information and Social Security numbers to the scammers, who then took everything.

It is unfortunate that these scammers are trying to take advantage of the elderly and of veterans. This sad story is a good reminder to be very skeptical and not to send money and personal information to people without first ensuring that your information will be safe and that things are legitimate.

 

Judge approved request to force-feed inmates

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A federal judge approved a request to force-feed California inmates if needed.

It is the seventh week of a statewide prison hunger strike. Since July 8, almost 70 prisoners have refused the prison-issued meals, and officials fear for their welfare. If prisoners have signed do-not-resuscitate requests, policy is to let them starve to death. However, Judge Thelton Henderson gave blanket authority to feed inmates whose health might be failing.

Is this a violation of inmates’ constitutional rights? On one hand, the hunger strike means that the prison will have to spend more time and resources on inmates whose health is failing, and resources at prisons are already stretched thin. But on the other, the prisoners have a right to strike, and given that they are imprisoned, the ways in which they can express their displeasure and make themselves heard are few.

COMMENTARY BY SAN SPITAL, SAN DIEGO CRIMINAL DEFENSE & PERSONAL INJURY ATTORNEY

 

Day care closed after 2-year-old sickened by marijuana

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Roubena Hartounian was arrested on suspicion of child endangerment and neglect at her day-care center, Bina’s Family Child Care, after a 2-year-old under her care was hospitalized for being under the influence of marijuana.

City officials discovered that the residential day-care had no power, and there were rat droppings scattered inside. The police turned away eight people who arrived and tried to drop off their children.

It is unfortunate that an adult would put many children in a dangerous situation.

 

Teacher put on probation for bringing gun to school

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An English teacher was placed on probation for three years for bringing a gun to school. He pleaded guilty to one count of carrying a loaded firearm into a school zone, which is a felony charge.
The teacher faces two venues: the Superior Court for the criminal offense of which he was convicted and the State for his teaching credential. This is standard practice for anyone in California who has a professional and/or occupational license, certificate, permit or teaching credential.
The dual jurisdiction is not the only consequences. In some cases, the Federal criminal statutes can be used and a case is brought in US District Court; in some cases there is also civil liability.
Commentary by Sam Spital, San Diego Criminal Defense Lawyer and California State License Defense Attorney

Fort Hood trial resumes

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The soldier on trial for the 2009 shooting at Fort Hood is continuing to represent himself after his standby attorneys claimed that he was trying to get the death sentence for himself.

The judge refused the attorneys’ request to be either removed from the case or be allowed to take over, saying that the lawyers simply did not agree with Maj. Nidal Hasan’s defense strategy. But they insisted, and said that they would file an appeal with a higher court.

The lawyers face an untenable conundrum in having a client refuse to follow their advice. The importance of trust and confidence as well as cooperation cannot be overstated as they are critical to the attorney-client relationship. The judge also has to struggle with guaranteeing the defendant is afforded the constitutional safeguards including the right to due process, even when the defendant refuses assistance and clearly inhibits the opportunity for a fair trial.

COMENTARY BY SAM SPITAL, SAN DIEGO CRIMINAL DEFENSE LAWYER

Couple pleads not guilty to child endangerment charges

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A couple pleaded not guilty to felony child endangerment charges.

They were accused of leaving their 4-month-old son in a car. His temperature rose to dangerous levels, and he died in a hospital.

Can anyone reconcile a parent’s lifetime guilt as a result of allowing their child to die because they were using narcotics and forgot they left their infant child in the car when they remained inside their residence (perhaps using more drugs), notwithstanding the ever rising and burning temperature in their closed vehicle from the summer heat?  It is despicable and unforgiving.

This type of conduct only underscores the failure in our system to educate individuals at a very young age as well as adults through relentless media Public Announcements that drugs destroy one’s ability to exercise judgment, causing obvious lapses in memory as well as an inability to function in simple daily activities.

Is there a scintilla of evidence the parents are remorseful? The reporter failed to include any such references, leaving the reader to draw their own conclusion(s).

COMMENTARY BY SAN DIEGO CRIMINAL DEFENSE AND PERSONAL INJURY ATTORNEY

 

California officials review rehab centers after reports of fraud

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Officials in California are conducting a statewide review of drug and alcohol rehabilitation centers after reports of fraud surfaced.

CNN and The Center for Investigative Reporting released joints reports stating that some rehab clinics have billed the state for patients who don’t show up, or for patients with no substance abuse problems.

It is distressing when these institutions, which are funded by taxpayers and were created to help those in need, start to take advantage of the state. They are taking for granted the millions of dollars that are put into rehabilitation programs by the citizens of the state.

 

More revealed about the reach of NSA

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More has been revealed about the long reach of the National Security Agency.

They acknowledged on Wednesday that they can read and store the phone records of millions of US citizens. The phone records of each American are stored in a vast database that the NSA keeps.

There are serious concerns regarding our privacy and the government’s claim their unbridled surveillance is warranted. This topic will not only require continued debate, but some argue it should be subject to the vote of the majority of the population.

 

Commentary by SAM SPITAL, San Diego Criminal Defense Lawyer

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