Tag Archives: Criminal Defense

Oceanside Couple Accused of Human Trafficking – Inez Martinez Garcia, 43, and husband Marcial Garcia Hernandez, 45, allegedly abused a young girl who was smuggled into the U.S. (Sam Spital)

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“It has been reported that prostitution rings in San Diego are among the worst in the United States and involve young girls from the age of 12 to 14, many of whom are transported over the border from Mexico and others who live in San Diego and often frequent the local shopping malls, who are initially promised by ostensible boyfriends as well as pimps what they hope to have as better opportunities. At the point a child becomes enlightened and realizes the plight she is in, she faces threats and beatings if she tries to leave or escape.

The FBI has reported San Diego is among the eight top cities in the nation for child sexual exploitation. Much of the business comes from free advertisements placed on widely known and commonly used internet sites, while others from newspaper and magazine classified ads. While it is outrageous and despicable to have unsuspecting young children forced into prostitution and other crime, it has become a far too common occurrence in society today.

Sadly, there are increased numbers of dysfunctional families and maladjusted children due in large part because of the stresses of everyday life, vastly rising numbers of divorces, use of drugs and/or the lack of proper and sufficient interpersonal relationships, some of which the latter is believed to be a result of the increased use of and reliance upon email and text messaging.

Parents, counselors, teachers, churches and synagogues need to work together to find and maintain workable solutions to enhance family interactions and social life.

On November 29, 2012, a NBC Channel 7 reporter posted an article online regarding a husband and wife who were arrested for 13 felony counts of aggravated assault upon a 12 year old girl in connection with allegations of sexual and physical abuse, as well as forced labor as a result of human trafficking by the couple. The arresting law enforcement officers confirmed this young child was smuggled across the border from Mexico into San Diego at the age of 12 ‘with promises of a better life and receiving an education.The article did not, however, contain any information or facts related to a possible defense, explanation, or mitigation that might be used by counsel for the two suspects.”

–Commentary by Criminal Defense Lawyer Sam Spital

Drug Bust Reveals Meth Now Being Disguised as Liquor (Sam Spital)

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COMMENTARY BY DRUG DEFENSE ATTORNEY SAM  SPITAL:

“ABC 20/20 News online reported on November 20, 2012, that officers of the CHP during what now has commonly become a routine drug stop on Highway 5 in Fresno County, seized 15 bottles of tequila worth about $500,000 that were filled with 56 pounds of liquid methamphetamine (Meth). The defendants were arrested on drug charges for drug trafficking and attempting to distribute drugs across state lines.

Meth use has exploded across America. Apparently a new trend of drug cartels in Mexico in distributing the drugs throughout the United States is to disguise them in a liquid form as they are transported from one region to another. Drug lords use Highway 5 as the corridor from Mexico to the United States and Canada for transporting illegal drugs and narcotics.

The most common ingredient that is used to manufacture Meth is Pseudoephedrine, which is sold in drug stores as cold medicine. Federal law limits the purchase to seven packages per month per customer or no more than nine grams. To get around these limits, meth users recruit and often team up with unsuspecting other individuals to purchase the maximum; this is called “smurfing,” which is named after TV, movie and comic small blue fictional creatures called Smurfs.  Oregon is the first state to require a prescription for cold medicine, thereby limiting the purchase of massive quantities of cough and cold medicine. The Pharmaceutical industry is seeking to establish a computer system to track these drug purchases to avoid the need for prescriptions and otherwise permit the legal use from being restricted.”

DRUG DEFENSE ATTORNEY SAM  SPITAL

Court: Convicted Crowe killer due new trial (Sam Spital)

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“In the UT San Diego News, October 2, 2012, the author reported the U.S. Supreme Court denied the Petition for a Writ of Certiorari filed by the California Attorney General’s Office, who sought review of the United States Court of Appeals for the Ninth Circuit decision that reversed the 2004 voluntary manslaughter conviction of Richard Tuite for the killing of Stephanie Crowe in 1998. This is the case in which the police first investigated Stephanie’s brother, Michael Crowe, and his two friends, but just before trial dropped the charges against them when they found the 12 year old girl’s DNA on Tuite’s clothing. If the AG’s Office does not seek another trial of Tuite, he will be released from State Prison. On the other hand, if the Supervising Deputy Attorney General handling the case seeks a new trial, he cannot file murder charges as that would be double jeopardy since Tuite was acquitted of murder in the San Diego Superior Court trial in 2004.”

SAM SPITAL, CRIMINAL LAWYER

Funding treatment for boy accused in murder at issue (Sam Spital)

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“On September 25, 2012, the UT digital edition reported a 10 year old boy is accused of murder and assault with a deadly weapon.

Apparently, another child tried to separate two neighborhood children who were in an altercation in which one was threatening the other with a knife; the fatal stabbing took place in a location adjacent to a mobile home park near El Cajon.

The criminal case was suspended by the Court due to the child offender being held mentally incompetent to stand trial.

Now, it is unclear what will take place because juvenile offenders are generally taken to Juvenile Hall, at the expense of their parents. Until the boy is deemed competent, however, he needs to be placed in a residential treatment facility as a result of the evaluations of two psychiatrists who claim he suffered from mental and developmental issues from fetal alcohol syndrome.

In the interim, the attorney for the boy charged with the above crimes is looking for funding.

The conundrum here is the lack of funding to treat individuals in society before they commit heinous crimes that later become a reality after a homicide, much like the unparalleled situation when the barn door gets closed when the horse gets out.

When will we as a society know we cannot spend too much money for the treatment of mental health issues? When will parents and others obtain education to identify and properly deal with symptoms that inevitably occur leading up to eventual improper &/or uncontrollable behavior (certainly we cannot allow the surge of criminality as we have seen in recent times)?

As a criminal defense attorney, I personally share the sadness of the victim’s family and the juvenile offender’s loved ones. But that grief is outweighed by a concern that society and our schools are not doing enough to identify and prevent the factors that lead to criminality.”

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

No constitutional right to jigsaw puzzle in jail, judge says

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Regardless of the circumstances surrounding an alleged criminal offense and its resulting trial and conviction, beginning a jail sentence is rarely an easy transition. As such, it can be comforting for defendants to have certain personal belongings in prison with them. But as a federal judge recently made clear, inmates have no constitutional right to those items, and are therefore at the mercy of the court and jail officials when seeking comforts from home.

In the case, an inmate who was serving time in a federal prison for his role in an alleged conspiracy to commit securities fraud requested that his family be able to order and bring him a jigsaw puzzle with which to play during his incarceration. Jail officials refused, and the inmate filed a lawsuit, alleging that his constitutional right to free speech had been violated by the refusal.

Specifically, the inmate argued that possessing the puzzle was an expression of free speech and was therefore protected by the First Amendment to the U.S. Constitution. The judge disagreed, ruling that the inmate had not shown a clear violation of his constitutional rights by the jail’s refusal to allow the puzzle.

The inmate also argued that the prison regulations that forbade the puzzle were unfair and baseless, and that there was no logical reason to ban a puzzle that was a similar size to an allowed book. The judge again disagreed, citing the “limitations on the ability of prisons to process and store inmate property” as the reason that books are allowed but puzzles are not.

What do you think? Should the jail have allowed the puzzle?

San Diego crime rate hits 30-year low

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The crime rate in San Diego County has fallen to its lowest number in 30 years, according to a new report from the San Diego Association of Governments (SANDAG). This reportedly places San Diego third on a list of safest large cities in the U.S., which is determined based on the number of violent and property crimes in the region.

According to SANDAG’s “Thirty Years of Crime” report, violent crimes (which include homicide, aggravated assault, rape and robbery) have steadily dropped since it peaked in 1992. This was the case despite a concurrent decrease in the ratio of officers to citizens. The authors of the report believe the reasons for this are two-fold. First, county officials have aggressively investigated and prosecuted gang activity in recent years. And second, recent state and local laws have significantly increased the jail time and other penalties for violent crimes.

However, there has reportedly been an increase in violent crimes in recent years. There were 82 homicides in 2011, which was a 22 percent increase from 2010. Although the majority of these crimes were reportedly motivated by domestic abuse, the number of reported domestic violence incidents in 2011 dropped by 6 percent from 2010 numbers, hitting its lowest number since the late 1980s. It is unclear whether the number of domestic violence-related homicides plays into the overall number of domestic partner incidents, though.

On the whole, property crimes such as theft and burglary made up the largest percentage of the crime that took place in San Diego last year.

 

California sheriff sentenced for domestic violence

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The sheriff of a major California city will spend the next three years serving a probation sentence after pleading guilty to domestic abuse in connection with a recent altercation with his wife.

According to court documents, the alleged domestic violence incident took place on New Year’s Eve, when the sheriff of San Francisco forcefully grabbed his wife’s arm during a heated argument. Last month, he pleaded guilty to a misdemeanor charge of false imprisonment under a plea deal that included the dismissal of three other criminal charges.

Following the guilty plea, the sheriff was sentenced to three years of probation. He must also complete 100 hours of community service and 52 weeks of domestic violence counseling, and pay about $600 in fines and court fees. Under a current restraining order, he is not allowed to contact his wife until he begins his court-ordered counseling

The sheriff’s job future is also uncertain. The San Francisco mayor is reportedly assessing his options, which include suspending the sheriff for official misconduct. The sheriff says he has no plans to step down.

After his sentencing hearing, the sheriff gave a tearful statement to the waiting press, stating that the arrest and court process had been “a very public reminder that I’m not the person that I thought I was,” and admitting that he has already started counseling to deal with the issues that caused the incident.

“I deeply and humbly apologize for my behavior and the pain it caused to my wife and son. For what happened on December 31, there are no excuses,” he said. “I accept full responsibility.”

ICE on the lookout for drug smugglers crossing into San Diego

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The United States Immigration and Customs Enforcement (ICE) office is taking action to combat drug smugglers that are luring Tijuana citizens to participate in alleged drug trafficking operations that move narcotics across the U.S. border into San Diego.

According to ICE officials, the Tijuana ‘drug lords’ are placing ads in local newspapers alerting citizens of what appear to be reputable employment opportunities involving transporting company vehicles across the border. These jobs later turn out to be fronts for drug trafficking operations, often resulting in the innocent drivers being arrested and charged with federal drug crimes when they reach California.

Since 2011, ICE has apprehended and arrested nearly 40 such drivers at the San Diego border. This reportedly led to the seizure of 100 pounds of methamphetamine, 75 pounds of cocaine and more than 3,300 pounds of marijuana.

To alert Tijuana residents of the potential of arrest and criminal penalties, ICE has placed ads of its own into the two main newspapers in Tijuana. “Warning! Drug traffickers are announcing employment for drivers to cross to the United States,” the ads read. “Don’t be a victim of the smuggler’s trap.”

ICE says that, in most cases, the drivers suspected that something was amiss. However, needing gainful employment, they were willing to overlook the inconsistencies and irregularities for the promise of a much-needed paycheck.

For example, one Tijuana man told officers that he had searched the vehicle, suspecting that his new employer may have been up to something illegal. Despite his search, he did not find the 30 pounds of cocaine that were packed into the gas tank, which ultimately led to his arrest when he reached the U.S.

Supreme Court rules in favor of strip searches for everyone

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Imagine driving along with your spouse. They are pulled over for speeding. You’re a bit annoyed as you’d recommended they slow down five miles back. A police officer approaches the car, runs the plates and determines you have an outstanding warrant due to an unpaid fine. You try to explain that you’ve paid the fine, but are arrested and taken into police custody anyway.

This is the exact scenario that lead to the false arrest of one man recently. The man was held for a week in two separate jails and while there, subjected to humiliating and degrading strip searches which he said man him “feel less than a man”.

Upon being released, the man filed a lawsuit which went all the way to the U.S. Supreme Court leading to a 5-to-4 decision that, , regardless of the offense, strip searches are permissible for every arrest. Dissenting justices evoked the Fourth Amendment which guards against unreasonable searches and seizures citing that strip searches are not necessary for individuals arrested for minor offenses.

While those Justices in favor of strip searches contended that even individuals arrested for seemingly minor offense can turn out to be dangerous criminals, those opposed cited examples where people arrested for driving with a noisy muffler or failing to use a turn signal had been subjected to invasive strip searches.

In addition to the dissenting arguments including the Fourth Amendment and matters related to a general right to privacy, those Justices against strip searches also questioned the effectiveness of the searches in uncovering contraband. They contended that many contraband items detected by jail and prison workers could be detected using much less intrusive means.

The Supreme Court’s ruling on strip searches is troubling as it will likely encourage police and jail workers to increase their practices of carrying out humiliating and degrading strip searches. While safety is a concern for police and law enforcement officials, one has to wonder if there are ulterior motives at play. For example is a nun arrested during an anti-war protest really a danger or likely criminal? Sadly, police who arrested and subjected her to a strip search seemed to think so.

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