Tag Archives: sentencing

Prop. 36 Passes; Will Modify California Three Strikes Law (Sam Spital)

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COMMENTARY BY CRIMINAL DEFENSE ATTORNEY SAM SPITAL:

“In Wednesday’s November 7, 2012 NBC Channel 7 news online, the result of the election regarding Proposition 36 was announced in which the California voters agreed the 1994 three strikes law should be modified. The measure changed the law that has allowed sentences for third time offenders even if the third offense was not a violent felony, such as a residential burglary. In short, any third felony could previously be used as a basis for life imprisonment. Now, life sentences without parole can only be imposed if the third criminal conviction is deemed ‘serious and violent’ or in cases regardless of the minor nature of the felony if the offender previously committed murder, rape or was a child molester.

Everyone knows the State of California is facing near bankruptcy with deficits of billions of dollars. In addition, there is a federal court Order requiring the state prisons to reduce their population, resulting in the transfer of huge numbers of inmates to local county jails. The proponents of Proposition 36 used the overcrowding as one of their arguments against sentences for life in prison without parole. It seems the pendulum has shifted from protecting the public from habitual criminals to focus on the escalating costs of our penal system.

As a result, there are about 3,000 inmates serving life sentences who will be able to petition the court for an early release from State Prison or obtain a shorter term. Opponents fear crime will increase since habitual offenders will no longer be locked up after their third felony. Clearly, the Superior Court Judge had the discretion to strike one of the previous strikes (‘strike a strike’) if he did not feel life imprisonment would be appropriate, and that indeed has been my personal experience as a San Diego criminal defense lawyer. Only time will tell if the scourge of felony crimes will increase.”

SAM SPITAL, LAWYER

 

 

Sex predator released from supervision (Sam Spital)

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“On October 2, 2012, in a UT San Diego News article, a Defendant who pled guilty to and was convicted of child molestation in 1989 was reported to have been released from further custody after two psychological evaluations opined he was unlikely to engage in violent sexual criminal behavior. This followed a recent hearing in which the Superior Court Judge ruled that Matthew Hedge did not pose a danger to others even though classified during the intervening two decades as a sexually violent predator. He is still required to register with law enforcement as a sex offender (RSO).

Previously sentenced to Atascadero State Hospital, the defendant voluntarily participated in a lengthy sex offender treatment program. During the past seven years while in the State Department of Health program, there were several rule breaking incidents, including at least one arrest, but none were charged as any new crime. In 2005, he became the first sexually violent predator to be released in San Diego under the California’s conditional release program, where he was ordered to live in a trailer adjacent to the Donovan Correctional Facility. He was under heavy supervision and a GPS monitor on his ankle.

The above scenario clearly has caused anger and outrage by many; others have been proponents of the use of alternative means to handle sex offender cases, and some of whom cite the huge cost of this type of confinement in our penal system, which is claimed to be over $150,000 a year.”

SAM SPITAL, CRIMINAL DEFENSE LAWYER

 

 

Rapist who left victim naked on road gets prison (Sam Spital)

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“On September 27, 2012, the UT San Diego News contained an article in which a defendant pled guilty and was sentenced to 16 years in State Prison for an August 2011 kidnapping and rape of a 21 year old woman, who testified in the Preliminary Hearing that he beat her with a flashlight and golf club, then forced her into a car, ordered her to remove her clothes and used the golf club to assault her. In another count filed against the defendant, he pled guilty to breaking the nose of a man and knocking unconscious that man’s son thereby causing bleeding in his brain. Some will argue that 16 years in prison is not enough of a penalty, but they do not have all of the facts to reach that conclusion. This is the challenge when reading a brief summary written in the news. I continue to ask why a journalist does not provide a fair and balanced account so that the public is truly informed by the news. Clearly, there is a limited amount of time and opportunity for comment, however, no one benefits from a story that does not contain enough information on the relevant points; here, it would be helpful to know what the defense contended, the cross-examination it might conduct, and what evidence they might propound if the matter went to trial. That would reduce the speculation that inevitably arises in many readers’ minds as to the nature of the crime, the motivation and intent of the defendant, and the appropriateness of the sentence in an individual case.”

Sam Spital, Criminal Defense Lawyer

Megan’s Law – Summary of California Law On Sex Offender

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“The Medical Board of California on September 20, 2012, reported its investigation of a physician who practices OB-GYN in two neighboring communities in Los Angeles, the community of Northridge and Van Nuys, who was arrested on two felony counts of Sexual Penetration with a Foreign Object-Unconscious, a violation of California Penal Code section 289 (d).This section is used by the prosecution in cases in which the victim is unaware, did not know or perceive, or was not cognizant of the criminal act. A conviction of this offense requires the defendant to register with the Police or Sheriff as a sex offender for life pursuant to PC 290, as well as to provide specimens and samples. No other information or facts were disclosed. For Online Registration under Megan’s Law, see: https://meganslaw.ca.gov/registration/law.htm

If the facts disclose sufficient evidence of other illegal acts, it is still possible the prosecution may file additional charges, such as a violation of Business & Professions Code 729, which is sexual exploitation of a patient; as well as or in the alternative, a violation of Penal Code section 243.4 (c), which is Sexual Battery for a Professional Purpose. The latter is commonly charged when a doctor touches a patient without consent for his own sexual arousal &/or gratification and the contact was under the pretense it was for a professional purpose.

One needs to be mindful that a suspect who has been arrested is innocent until proven guilty. Moreover, a perusal of the internet revealed the physician has been licensed since 1998, graduated from USC School of Medicine, is Board Certified in Obstetrics and Gynecology; is affiliated with eight hospitals; is fluent in English, Farsi, Persian and Spanish; has had no prior Medical Board or hospital disciplinary action; and there are no reportable malpractice settlements or judgments.”

SAM SPITAL, CRIMINAL LAWYER

Hit-and-run killer gets more jail time for drugs (Sam Spital)

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“Fox 5 News reported on September 12, 2012, a Defendant previously convicted and incarcerated for a felony hit and run killing was sentenced to more jail time. She was charged with and pled guilty to smuggling drugs into jail; she made phone calls to help another inmate get drug laced greeting cards into the jail; and, was found in possession of marijuana and non- prescription drugs.

The defense argued she made bad choices, was sexually assaulted as a child and suffered psychological injuries.

The original sentence was unusually low — only one year in jail and three years’ probation, no doubt for several factors not fully set forth in the article.

She was a nursing student at the time of her first offense and has remorse for her past crimes. Let’s hope she gets her life together and is rehabilitated to make a positive contribution to society and her future.”

Sam Spital, Criminal Defense Lawyer

 

Should California Cut Drug Possession Penalties to Cut Costs?

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California lawmaker Mark Leno (D-San Francisco) has proposed a radical solution to overcrowding in the state’s many prisons and a corrections budget that has skyrocketed in recent years: cut the penalties for simple drug possession from a felony to a misdemeanor.

Vocal Speakers on Both Sides of the Debate

This move has some – like John Redman, director of public policy action group Californians for Drug Free Youth – concerned that this move is too radical for even the notoriously “laid back” state. He and Carla Lowe, another anti-drug advocate (and founder of Citizens Against Legalizing Marijuana) fear that lessened penalties will be viewed by the youth of the state as a free pass to try illicit drugs.

Proponents of the legislation are just as passionate, though. Senator Leno points out that increased penalties for drug-related crimes are doing nothing to deter their use or limit access to them. Just the opposite seems to be true: once someone has spent time in prison for a relatively minor drug possession offense, he or she risks being pigeonholed into a lower-income, lesser-chance-of-success lifestyle where career, housing and educational opportunities are rare.

Representatives of California’s branch of the American Civil Liberties Union, or ACLU, are also in favor of Senator Leno’s legislation. The ACLU views Leno’s proposal as an ideal balance of punitive heft (holding individual offenders accountable for their actions), rehabilitative access (providing opportunities for drug treatment), and fiscal responsibility (freeing up corrections department budgets for more hardened criminals).

Public Support Is Growing

A recent survey conducted by California Tulchin Research finds that a whopping 70 percent of voters surveyed around the state favor a decrease in punishment for possession of small amounts of marijuana, cocaine and other drugs. The poll found that even more – 87 percent – favored lesser punishments for drug-related offenses of all types if the defendant successfully completed a drug treatment program.

If voter support is any indication, there is a good chance that one day Californians will face lesser consequences for simple drug possession crimes. In the meantime, though, California takes all drug possession cases very seriously, punishing many of them with hefty fines and long jail sentences, so it is important that they be vigorously defended against. If you or a loved one is facing a California drug possession charge, contact a skilled criminal defense attorney in your area to learn more about protecting your legal rights.

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
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