Senate Committee Approves Eliminating and Reducing Certain Criminal Sentences

On January 30, 2014, the Senate Judiciary Committee approved a bill that would abolish mandatory minimum sentences for drug offenders who do not have a prior criminal history, as well as reducing by 50% mandatory minimum sentences for specified nonviolent drug offenses. The proposed law among other things eliminates mandatory minimum sentences if there is a finding by the Judge that the defendant does not have any previous conviction for crimes involving a firearm, violence, terrorism, a sex offense, racketeering or conspiracy involving illegal drugs. It would also reduce mandatory minimum sentences from 20 to 10 years, from 10 to five years, and from five to two years. There would be no change lowering the maximum sentence.

Opponents believe this law could result in prosecutors being unable to curtail gangs and drug organizations (drug cartels, etc.). Moreover, it is argued that there are very few criminals in federal prison for only simple drug possession, and the rest are mainly drug dealers that are the subject of the bill.

Proponents site the overcrowding and excessive costs of our Federal prisons, the latter estimate being as much as $3 billion over 10 years. They also claim the current laws do not sufficiently distinguish career criminals from low level offenders, and further that nonviolent drug offenses only would be the subject of the new law if it is passed by the full Senate, and goes through the rest of the process in which new laws are made.

Auto theft sting operation results in 64 arrests

After eight months of investigation, 64 people were arrested on Tuesday in connection with a network of North County auto theft rings.

“Operation Perfect Storm” had undercover detectives begin to infiltrate multiple unrelated operations starting in August, California Highway Patrol Commander Scott Parker said. The officers then proceeded to set up a storefront to buy stolen property.

92 stolen vehicles were seized during the operation, as well as 10,000 rounds of ammunition, nine guns, and drugs. Some stolen military gear was also recovered.

The 64 defendants were accused  in 30 separate cases back in May, with over 90 witnesses testifying in front of the grand jury. Over 50 arrests were made this past Tuesday, with 14 people remaining at large. Among those arrested were seven Marines and a sailor.

 

Man Arrested & Government Seize Nearly $900,000 in Marijuana

A United States citizen was arrested for drug trafficking near the San Diego-Mexico border over the weekend. The 59-year-old allegedly attempted to smuggle almost $900,000 worth of marijuana into the U.S.  The arrest took place after authorities noticed a person hiding in a bush several yards away from the international line.

Officers discovered the suspect transferring bundles from a Dodge Ram into a motor home and then proceeded to question him. They determined the man was engaging in a smuggling operation. Agents found 40 packages of cannabis, with an estimated street value of $857,000.

 

Deputy Arrested for Allegedly Soliciting Prostitutes

An undercover prostitution sting has led to the arrest of a San Diego sheriff’s deputy. The deputy, a helicopter pilot, faces one count of soliciting prostitution.  As a result of the arrest the officer has had his badge and gun revoked and he has been placed on paid administrative assignment pending the outcome of his case. According to the report, the deputy has been with the department since 1991.

 

Police arrest four drug suspects following high-speed chase

 

A high-speed chase in San Diego ended with the arrest of four individuals who are now facing drug charges.

 

According to the report, authorities had information that led them to believe the vehicle was involved in narcotics trafficking or use.

However, the driver refused to pull over when asked and instead led police on a pursuit during rush hour. With the help of a police helicopter, the suspects were captured shortly after leading an officer down an embankment.

An investigation led to the discovery of meth, drug paraphernalia, and a firearm inside the abandoned vehicle. In addition to narcotics charges, the suspects also face felony evading and failure to yield.

FBI arrests one-time CSUSM student-body candidate

Commentary by San Diego Criminal Defense Layer Sam Spital:

“UT San Diego online edition on February 11, 2013 reported a former candidate for student body President, Matthew Weaver was arrested by the FBI for suspicion of wire fraud, a related charge and unauthorized use of a computer. The article revealed that user identities and passwords of approximately 700 students were stolen by the computer hacker to alter results of the student election to allegedly benefit himself and fraternity brothers, which is the method votes are cast by students. Although not reported in the article, these positions are paid by the school and had the particular candidates in question been elected they would have been able to make a combined $36,000 from stipends.

Last year, Cal State San Marcus University Police arrested the suspect when they discovered him at a school computer in possession of a device known to be used to steal computer passwords, however, he was not charged at the time with any criminal offense. Weaver now faces up to 35 years in prison if convicted of the charges filed in the pending federal complaint. The sad reality is the defendant clearly did not consider the unintended consequences of his apparent desire for power. Now, his future career aspirations and professional goals will be marked by the charges if proven and/or he decides to enter into a plea deal if offered. Here is where the defendant needs truly competent defense counsel to marginalize the allegations; it is also very important to remember the suspect is innocent until proven guilty by evidence beyond reasonable doubt.”

— Sam Spital

Suspect linked to death of woman in Lemon Grove arrested in Oregon Jennifer Krajnak found unconscious by deputies (Sam Spital)

Commentary by Criminal Defense Lawyer Sam Spital:

“KGTV Channel 10 online News reported on January 6, 2013 a recent investigation by law enforcement revealed Casey Tschida as the name of the 32 year old suspect in the killing of Jennifer Krajnak. The suspect was an acquaintance of the 30 year old victim and was just arrested in Portland, Oregon at his mother’s house. He will soon be extradited for these charges in San Diego. According to the report, the suspect and the victim were at a bar shortly before the killing; each left separately at about 2:00 a.m., and apparently Jennifer was approached by the suspect as she was walking home; she was found dead shortly thereafter in the front of her home.

The article did not contain any more information relating to the victim nor the attacker. It strains credulity how little information is gathered by reporters today , whether print or electronic The traditional journalist would not only seek as much background information as possible, but sufficient facts to provide a balanced account. Lacking any of the above, it is a challenge for anyone desiring to make a comment to offer much value to the reader of an article and/or viewer of this or any other such news story.

Nonetheless, there are various crimes that can be charged in a homicide, including murder one that is premeditated; murder two that is in the heat of passion; voluntary manslaughter is a killing that lacks malicde aforethought; and, involuntary manslaughter, which is a death as a result of reckless misconduct. In addition, there may be legal defenses, such as self-defense that can negate the finding of a criminal offense, as well as extenuating circumstances and/or mitigation that can bear on the sentencing of a defendant in such a case.”

–Sam Spital

Hotel rape suspect arrested, linked to park assault (Sam Spital)

Commentary by Criminal Attorney Sam Spital:

“The UT online edition of the news on December 27, 2012, reported a previous rape suspect was now arrested for assault, rape, attempted murder and false imprisonment of a hotel housekeeper. The 44 year old offender who was released after an arrest for rape in October due to insufficient evidence, was reportedly linked by DNA to both the previous and current vicious crimes.

The defense attorney may be faced with what is often irrefutable DNA evidence establishing guilt, however, that still leaves open the issue regarding the penalty for the crimes. This is a significant area for the experienced lawyer to set forth with compelling evidence the elements of remorse, if any, as well as mitigation.

As a criminal defense attorney, it is my considered opinion that a sentence should depend upon multiple factors and not just the proof of a crime. Here is the opportunity to view the entire panoply of facts, issues and history regarding both the crime and the defendant. For example, the life and social history of the defendant as well as the lack of any prior jail &/or prison sentence are material facts and certainly highly relevant to the disposition of a case.”

Orange County Doctor Arrested on Suspicion of Possessing Child Pornography – Dr. Pete Thomas, accused of possessing thousands of pornographic images involving children, turned himself in to a judge Tuesday (Sam Spital)

COMMENTARY BY SAM SPITAL, California Professional License Attorney and San Diego Criminal Defense Lawyer:

“A Podiatrist surrendered himself after an arrest warrant was issued for felony possession of child pornography per an account by the NBC Channel 7 online news edition on December 12, 2012. Little if anything else was reported in the article, and most importantly there was no explanation, mitigation and/or defense noted.

A Doctor of Podiatry is trained in foot care and, therefore, can diagnose and treat a variety of medical conditions related to the foot, ankle, and lower extremities.

A check of the Board of Podiatric Medicine website indicates Dr. Pete Thomas has been licensed in California since July 1, 1990. It is likely the Board will open an investigation if it does not already have one in place. Upon evaluating the evidence if it can be established there exists a sufficient basis for disciplinary action, the matter will be submitted to the Office of Attorney General to file an Accusation seeking to suspend or revoke his license to practice podiatry. An administrative hearing would then be scheduled in which an Administrative Law Judge would hear the evidence, including written and oral testimony. The Deputy Attorney General must prove the case by clear and convincing evidence, which burden of proof is much less than a criminal case that requires evidence beyond a reasonable doubt, but much greater than in a civil case in which one need only present a preponderance of evidence to prevail.”

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