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Recent Blog Posts

Visalia police arrest four men after search for alleged burglars

 Posted on November 18,2011 in Dealing with the Police

Authorities say that a law enforcement investigation into a string of California burglaries led to a number of recent arrests on a variety of charges, including allegations of gang involvement. One man was arrested on attempted burglary and conspiracy charges. Three other men reportedly were later arrested on weapons charges with allegations of gang enhancements.

Apparently, Visalia police responded to a call reporting suspicious activity. Police say the report claimed four men were attempting to break in to a backyard in Visalia. Law enforcement claims a medical marijuana grow was located on the property. News reports do not suggest the marijuana grow was illegal under California law.

A parole agent reportedly was in the same area around the same time. The parole agent claims to have seen the men drive away from the Visalia property. The parole agent claims the men stopped, but fled when the parole agent confronted the four men.

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Proposal written to reform California's three strikes law

 Posted on November 14,2011 in Criminal Defense

Critics say reform to the California three strikes law is necessary as life sentences have been imposed for minor crimes, including theft crimes alleging such minor offenses as stealing a pair of socks. In February, this blog reported the story of a man facing a three strikes sentence for allegedly attempting to take a pair of gloves and some wire from a "big-box" home improvement store. That man was sentenced to a 29-years-to-life prison term for the alleged roughly $21 theft crime.

Now a group of Stanford University law professors have drafted a new proposed ballot initiative seeking to reform the harsh consequences of the sentencing law. The new proposal does not go as far as the 2004 measure that was defeated in the legislature. The new measure seeks to limit felonies triggering third strikes to serious or violent felonies for many convictions.

However, in contrast to the legislative measure narrowly defeated in 2004, the new proposal carves out an exception for so-called "hard-core" repeat offenders, that sources characterize as murderers, rapists and child molesters. In those cases the exception will allow any felony conviction, even a felony shoplifting conviction, to trigger a third strike.

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Two arrested on suspicion of DUI after Highway 101 accident Sunday

 Posted on November 11,2011 in DUI

Three Gavilan College basketball players were injured in a tragic accident Sunday. Reports indicate that the driver of the car filled with the ball players and two female passengers swerved to avoid a tire in the road just prior to the crash. The car spun out and came to a stop facing the wrong direction on Highway 101. A Nissan then slammed head-on into the student's car.

Reports indicate that the group of students was at a San Francisco nightclub before the 1:30 a.m. traffic accident. Police reportedly arrested the 22-year-old student who was driving the car that initially spun out on suspicion of driving under the influence before he was released to San Francisco General Hospital, according to the California Highway Patrol.

The CHP suggests that the young man could face felony DUI charges related to the traffic accident, apparently based upon the injuries involved. California law allows prosecutors to pursue felony DUI charges, even on a first-time offense, based upon allegations that a drunk driver was involved in an accident causing injuries. The driver and two of his teammates suffered serious injuries when the car they were in was struck by the Nissan. Two women, who were passengers in the Nissan, reportedly sustained minor injuries.

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Police dispatch airplane and dogs after alleged burglary

 Posted on November 09,2011 in Shoplifting, Robbery & Burglary

Law enforcement says the three men fled from the scene and disappeared into a nearby canyon. Police brought in dogs to search for the three men. The California Highway Patrol dispatched an airplane to provide air surveillance of the area. The massive manhunt apparently proved unsuccessful, and the search was called off by around 12:30 p.m.

Despite not being able to locate any of the alleged burglars, police claim they have suspects in mind. Law enforcement believes one of the men allegedly involved in the purported burglary is an East Palo Alto man. A second person that police think was involved is a San Carlos man who is on parole.

Authorities apparently found a car at, or near, the residence that they believe is linked to the alleged burglary. Law enforcement is relying on the presence of the car to support their suspicions on who may have been involved in the alleged incident.

Inside the residence, police claim they found a pile of guns and other items. Law enforcement believes the three men piled the items in the home, intending to steal the belongings. Because the residents were apparently on vacation, law enforcement does not know if any items were taken in the alleged home invasion.

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California sets up 50 percent discount for some old unpaid tickets

 Posted on November 04,2011 in Criminal Defense

For the first six-months of 2012, Californians with old, unpaid traffic tickets will be able to clear up the delinquent tickets at a significant savings. The state is offering a sort-of amnesty-like program for people who have outstanding traffic tickets that are at least 3-years-old. The deal the state is offering during the six-month period is a half-price offer. Californians with old unpaid tickets can clear-up the delinquent fines for half price. The new law seeks to recover a portion of the roughly $900 million in overdue traffic ticket fines.

The Administrative Office of the Courts in California estimates the traffic ticket discount could generate as much as $46 million for the state. The traffic ticket discount offer applies to tickets that had an original due date before the start of 2009. A major caveat, however, the 50 percent traffic ticket discount program does not apply to drunk driving fines, reckless driving offenses nor parking tickets.

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What started as speeding allegation ends with DUI and drug charges

 Posted on November 03,2011 in DUI Drugs

What began as a traffic stop for an alleged speeding violation turned much more serious recently for a Garberville man. The California Highway Patrol claims the 41-year-old Garberville man was speeding on U.S. Highway 101 near Miranda last week. During the traffic stop, the man apparently was arrested on suspicion of DUI. A news report on the incident in The Times-Standard does not address the alleged evidence that the CHP is relying upon to support their suspicion that the driver was under the influence.

CHP officers say they conducted an inventory search of the 2007 Dodge Ram that they say the Garberville man was driving last Tuesday. The officers apparently decided to have the vehicle towed after the DUI arrest. CHP officers say they conducted an inventory search of the Dodge prior to towing. That search reportedly has led to serious California drug charges against the driver of the vehicle. The CHP says that a 23-year-old passenger in the Dodge was released at the scene of the original traffic stop.

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Appellate ruling excludes evidence in California drug case

 Posted on October 28,2011 in Drug Crimes

A California man allegedly tried to ship a package from California to Illinois through Federal Express in July 2010. A FedEx employee claims the package smelled of marijuana and called police to report the parcel. The man accused of trying to send the package was ultimately charged with serious California drug crimes, including possession of marijuana for sale and sale and transportation of marijuana, according to court records.

Police claim that when they were called to FedEx, the responding officer could smell marijuana and seized the parcel as evidence. The officer brought the package back to the police station and the narcotics unit apparently declined to investigate the matter. The officer and his supervisor decided to open the package without first seeking a judicially sanctioned warrant. They claim the package contained nearly a pound of marijuana.

The man accused of the drug crime sought to have the evidence thrown out of court. The Superior Court judge ruled against the defendant, reasoning that both the seizure and the warrantless search of the package were justified. Monday a California Appellate court overturned that ruling.

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Man with skateboard arrested on suspicion of assault with a deadly weapon

 Posted on October 26,2011 in Firearm Possession

Police claim some form of argument erupted recently between a laundromat employee and a customer. Law enforcement believes the argument escalated beyond words at some point. Police claim the 26-year-old customer had entered the establishment around 10:00 a.m. Saturday. He apparently was toting a wooden skateboard. After the alleged argument broke out, law enforcement says the customer swung his skateboard at the Laundromat employee. The 26-year-old customer could be facing serious felony charges based upon the allegations.

The laundromat employee apparently did not suffer any injury in the alleged incident. Authorities say the employee did not seek any kind of medical treatment after the alleged incident. In fact, police believe the employee grabbed the skateboard during the alleged incident.

Nonetheless, police suspect the customer committed assault with a deadly weapon. The alleged assault apparently includes the allegation that the customer swung the skateboard at the employee. The police further suspect that the skateboard will serve as the evidence that a deadly weapon was used in the alleged incident.

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Watsonville mother sentenced in fight video case

 Posted on October 21,2011 in Criminal Defense

Allegations of gang crimes can bring serious consequences under state law. A recent case in Santa Cruz County highlights how thin the evidence of gang involvement can be to lead to a gang crimes charge. A Watsonville mother recently faced a charge of gang participation after a video was posted on YouTube. A schoolyard fight that reportedly occurred in September apparently was the focus of the video.

The fight reportedly involved the Watsonville Mother's child. The woman reportedly heard that her daughter was being jumped and she went to the Harkins Slough area to find her daughter. Apparently, she saw the fight and tried to scare off the girl who was fighting with her daughter. The mother shouted, and the shouts reportedly were captured on the YouTube video.

Law enforcement reportedly got wind that the video was posted on YouTube and after viewing it, the woman was charged with parental neglect and gang participation. The gang crime apparently was based upon the woman's language. Police claimed the language made references to an alleged Watsonville gang.

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LAPD says no hoodies allowed in effort to reduce robberies

 Posted on October 19,2011 in Shoplifting, Robbery & Burglary

It certainly is common to see signs posted in stores proclaiming "No Shirt, No Shoes, No Service," across the country. However, now law enforcement agencies in some California communities seem to be chiming in to create a new policy. The Los Angeles Police Department has reportedly proclaimed that consumers will be required to remove their hats and hoodies when entering stores.

Officials with the LAPD reportedly met with community leaders and officials in Studio City and North Hollywood last week to announce the new initiative aimed at reducing the number of thefts and robberies at area businesses.

LAPD officials claim that people attempting to steal from businesses often use hats and hoodies to shield their features from video surveillance and potential witnesses during alleged crimes. The California law enforcement officials cited what the Los Angeles Times characterized as a rash of recent jewelry heists, where hoodie-wearing men allegedly used the hoods on their sweatshirts to hide from security video.

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