Lawrence Wolf - Part 2

Reducing Drug Sentencing Through White Collar Crime Comparisons

handcuffed-man-300x200 Criminal justice in the US appears to be flawed due to overcrowded prisons and the language of laws, reports Jacob Shamsian. More than two decades have passed since Bill Clinton signed the 1994 Violent Crime Control Act in an attempt to curtail criminal offenses, asserts NPR.ORG. However, Thea Johnson and Mark Osler have authored a new paper on the rationale behind reducing drug sentencing.

Where Is the Problem?

Today’s punishments for drug-related offenses rely on the quantity of drugs. For example, punishments are given on the basis of weight of the substance. In many cases, the offender may only be tied to the presence of the drugs, and profits from drug-related transactions may be minimal.

The Anti-Drug Abuse Act of 1986 changed sentences for possession of powdered or crack cocaine. Since punishments derive from quantity, a drug crime attorney has limitations on his or her ability to defend a client. Unfortunately, both laws have been shown to disproportionately affect minorities and the poor, ultimately, resulting in higher incarceration rates for minorities. The only viable solution is reducing drug sentencing mandates.

Why Should Drug Offense Classification Change?

Drug offense classification is defined by the possession, manufacture, and distribution of a given substance. However, the scholars believe such offenses should carry sentences and punishments of white collar crimes. Logically, drug offenses are typically related to business transactions. Why should a business-related crime not include typical business-related punishments? Both crimes are profit-driven entities, and punishment for unlawful actions should flow in the same pattern. Within Johnson and Osler’s paper, most drug offenders are poor and trying to survive in a poverty-stricken society. Reducing drug sentences is possible by charging offenders based on net-gain from drug-related transactions.

Johnson and Osler represent part of a growing movement towards the decriminalization of many anti-minority laws, and a drug crime attorney must understand the need for radical reform of today’s drug sentences. Recently, President Obama enacted changes through executive action for reducing drug sentencing mandates, and Bill Clinton has expressed remorse in signing the Violent Crime Control Act.

If you have become the victim of disproportionate drug sentencing mandates, contact an experienced drug crime attorney, such as the Law Offices of Lawrence Wolf. Call [number type=”1″], or go to our website: www.youareinnocent.com.

Schools Look at New Methods for Preventing Sexual Assault on College Campuses

university-lecture-300x205 Throughout the United States, colleges are changing the way they address sexual assault, preventing sexual assault on college campuses. After the federal government passed the Violence Against Women Reauthorization Act this summer, colleges are facing new rules and regulations regarding the way they handle sexual assault on campus. This new policy requires that students are trained on what consists of a sexual assault, and what to do if you are a bystander that is a witness to this crime.

Students are now required to attend orientation on campuses that specifically identifies what sexual assault is, and what one can do to help prevent the crime from occurring. With sexual assaults on campus growing, it’s time for colleges to take a hard look at educating new students from the beginning about sexual assault.

Bystanders often don’t know what to do in the case of an impending sexual assault. Colleges are now required to teach students to act if they see the potential for a sexual crime to occur. For example, if a young woman is highly intoxicated at a party, and a bystander notices she is being carried to a private room in a house, it’s important for the bystander to say something before a sexual assault occurs.

The way colleges and universities respond to sexual assault is also under scrutiny, and the new guidelines require adequate reporting of all sexual assaults on campus in a timely manner. With campuses mandated to reported sexual crimes, they are more motivated than ever to put a stop to this delinquent behavior.

Consent is an important factor to sexual assault, and it’s important to know what consent constitutes state by state. In all states, if a woman says no, she means no, and this is not a form of consent. In other states, saying yes constitutes consent, but both parties must be of equal mindset at the time of the incident.

Call now at [number type=”1″], or go to our website: www.youareinnocent.com if you need a sexual crime attorney.

Has Drunk Driving Prevention Technology Gone Too Far?

breathalyzer-300x200 A person is to be considered innocent until they are proven to be guilty in a court or law. But the police, media, and general public often don’t see things that way when it comes to driving under the influence.

A common consequence for a DUI conviction is a mandated installation of an Ignition Interlock Device. Now, lawmakers are working on legislation that would require all new automobiles to be equipped with a breathalyzer to measure the driver’s blood alcohol content (BAC). This would mean that anyone who buys and drives a new vehicle is assumed to be potentially guilty of driving under the influence.

The real assumption is guilt, not innocence. Having a good Los Angeles DUI attorney on your side for a drunk driving conviction can make a big impact on the outcome of your case. Some “evidence” may be inadmissible and charges may be dropped or reduced depending on the situation.

Licensed for Guilt

It is one thing to impose drunk driving prevention technology on those who have a history of driving intoxicated, but it is another to make everyone prove their innocence whenever they get behind the wheel. Mandated breathalyzer tests is that they are not always accurate. The drunk driving prevention technology can judge one person as impaired and another person as fine with the same actual blood alcohol level. There can be a 50% margin for error on a breathalyzer. Some attorneys advise clients to refuse roadside breathalyzer tests. A blood test is more consistent and reliable.

Beyond Legal Trouble

In addition to the possibility of fines, jail time, or a lost, suspended or restricted license, someone who has a DUI will see increased car insurance rates. This is why it is so important to hire a Los Angeles DUI attorney for any drunk driving accusation. For more than four decades, the criminal defense lawyers at the Law Offices of Lawrence Wolf have been striving to bring back the presumption of innocence and protect the rights of clients. Call now at [number type=”1″], or go to our website: www.youareinnocent.com.

Sexual Assault on College Campuses: Balancing Student Safety with the Rights of the Accused

university-sign-300x199 Sexual assault is an increasingly common problem on college campuses in California. Unfortunately, in their efforts to address this issue, many campuses go too far. In the aftermath of a few recent and well-publicized incidents, several campuses are pushing for or have already implemented concerning measures that could infringe on the rights of alleged student offenders. According to the Los Angeles Times, California lawmakers are aware of these measures and are currently looking into a proposal that would require schools to be more transparent about their means of disciplining student offenders.

Although it is important for schools to address the growing problem of sexual assault on college campuses, some skeptics worry that colleges currently lack the resources necessary to properly investigate complaints involving sexual harassment and assault. College tribunals are notoriously unreliable — and their efforts often result in devastation for accused student offenders. One of the most notable and concerning examples of this phenomenon involved a UC San Diego student who was not allowed to question the accuser during a university hearing.

The role of alcohol in sexual assault cases is of major concern, as intoxication of both the accused offender and victim is often a factor. With such hazy memories, it can be difficult to determine whether the victim’s accusations are valid. Often, no witnesses are present to shed light on the victim or the accused individual’s claims.

The current sexual assault proposals involving California universities have passed in one house and are pending in the other. If this legislation is implemented, it will be more important than ever for accused individuals to seek counsel from a reliable criminal defense attorney in Los Angeles. Alleged student offenders may be forced to contend not only with the California criminal justice system, but also the universities they attend or attended at the time of the incident.

For a consultation with an experienced criminal defense attorney in Los Angeles, call now at [number type=”1″], or go to our website: www.youareinnocent.com

Juvenile Felonies in California Reclassified, Sentences Reduced Under Proposition 47

arrested-teenager-300x200 After the passing of California’s Proposition 47, persons convicted of some types of nonviolent property and drug crimes were able to have the charges reclassified from felonies to misdemeanors. With this reclassification, criminal defense lawyers had the ability to petition on behalf of their client for shorter jail sentences and lowered fines. Due to the terminology of Proposition 47, a District Attorney in California’s second-most populated county argued that the reclassification would not apply to juvenile felonies. The DA stated that the terminology present in Proposition 47 was not used in cases brought against a minor and, therefore, only applied to adults convicted of or facing felony charges. A California Superior Court agreed with the DA in a February 2015 ruling.

Ruling Reversed—Juvenile Felonies Eligible for Reclassification

Under the State’s three strike law, juveniles face a greater possibility of being tried in adult court for subsequent felony charges. The ability to have a low-level felony reclassified could make a significant difference in the outcome of a charge against a minor. During a July 2015 appeal to the February 2015 ruling to exclude juvenile felonies from reclassification, the decision was overturned by the Fourth Appellate Court of Appeals. The Court cited that changes made to “an entire system of laws” affecting the criminal system would usually apply to juveniles, regardless of terminology used to refer to crimes, pleas and sentencing.

Criminal Defense Lawyers Petition for Juveniles

Penal code changes under Proposition 47 apply retroactively to applicable juvenile felonies, meaning criminal defense lawyers can now appeal to have a client’s previous conviction reclassified to a misdemeanor charge. Juveniles with a previous property crime charge, drug offense, or other nonviolent felony may be able to avoid harsh future sentencing by making an appeal for the reclassification of past convictions. To speak with an experienced criminal defense attorney about the reclassification of juvenile felonies in California, call now at [number type=”1″], or go to our website: www.youareinnocent.com.

Car Theft Prevention: California Thieves go High Tech to Steal your Ride

car-theft-300x225 Ahh, technology, the reason we’re cool in summer, connected to long lost crushes on Facebook and….hey, where’s my stuff? Thieves in California are turning to technology to steal the items you’ve secured in your car – and sometimes even the car itself, according to recent reports and warnings from the LAPD.

How Thieves Break into Cars

The electronic key fob that allows you to unlock your vehicle from afar also makes it easy for tech savvy thieves to gain access to your car, according to the LAPD. An inexpensive device called a power amplifier may be to blame for many recent break-ins. The device works by making an electronic bridge between the key fob and car – even when the fob is out of normal range.

By targeting cars that are parked nearby their owners, criminals simply point and click their way into the items stored inside. The proximity of your car to your keys when you are inside your home makes it easy for a power amplifier to boost the signal your key fob emits – and unlock the car in just seconds.

Officers from the LAPD point to a 35% increase in car break-ins this year and blame power amplification devices for the boost in these types of crimes. California car owners are at risk simply because they have a key fob and park their vehicle in their own driveway.

Car Theft Prevention: Put your Keys on Ice, Literally

How can you protect yourself from theft? Blocking the amplification device is a must. Short of building your own DIY Faraday cage, the easiest way to prevent high tech break-ins is in your own kitchen. Storing your keys inside the refrigerator or microwave will block any signals and prevent thieves from using a power amplifier to access your car. The thick metal lining of these appliances is enough to block the signal and protect your ride.

If you or someone you know has been accused of a crime – high tech or otherwise – our criminal defense team is here to help. A California criminal defense lawyer at the Law Offices of Lawrence Wolf can help you during this time. Protect yourself when you need help the most; call now at [number type=”1″], or go to our website: www.youareinnocent.com

Future Vehicles to Auto-STOP Drinking and Driving

drinking-and-driving-300x229 Across the US, organizations, law enforcement, and automakers have taken steps to protect the innocent from the horrors of drinking and driving. In 2013, 10,076 people lost their lives due to the negligence and impairment of drunk drivers, reports the National Highway Traffic Safety Administration, and automakers are making huge strides in preventing an impaired driver from getting behind the wheel, explains Jason Cipriani.

A Fifth Vehicular Sense

Vehicles will have a specialized touch pad in the steering wheel, or in the push-to-start button, with an embedded sensor to analyze the driver’s BAC, or blood alcohol concentration. In most states, a BAC above 0.08 percent is considered impaired. The pad uses an infrared scan of the driver’s skin and analyzes the skin surface’s chemical composition. This is made possible as the body releases alcohol via the skin when drinking. However, future cars may have another drunk driving prevention technology as well.

Breathalyzers

If you have ever been pulled over and suspected of drinking and driving, you have probably seen a police-issued breathalyzer. These devices are often bulky and impractical for carrying around. However, the cars of the future will run an automatic breath-analysis, which is currently being tested, and would require less force and difficulty. The driver would be able to simply sit in the seat and breathe at a normal pace while the vehicle analyzes the estimated BAC in his breath.

Saving Lives and Protecting Yourself

Both of these technologies will change the world within the next few years. Specifically, Cipriani explains how these features may be available within the next five years as an optional add-on. This technology will also reduce the number of police needed for drunk driving prevention. Additionally, it will save countless lives and thousands of dollars and reduce the toll of drinking and driving. If you have found yourself in the cross hairs of the police due to a possible DUI, your future car may be able to stop you entirely. Furthermore, contact an experienced, Los Angeles DUI attorney at The Law Offices of Lawrence Wolf. Call now at 1(800)YouAreInnocent or (310) 277-1707, or go to our website:www.youareinnocent.com. Don’t let DUI accusations wreck your life.

Feds Aggressively Pursue Violators of White Collar Crime Law

white-collar-crime-300x205 Strategies that were once reserved to gather evidence on drug rings are now being employed to expose those individuals and organizations committing fraud and hiding assets. According to a recent Forbes article, recent federal agency cases have used wiretaps, informants and even undercover sting operations to provide evidence on key individuals. A case that targeted Steven Zinnel in the Eastern District of California shows the extent that federal agents are willing to go in order to build a case against those breaking white collar crime laws.

It Begins with Bankruptcy and Divorce

Federal authorities were given information from a third party that Steven Zinnel, an entrepreneur, had failed to provide information on all of his assets during a 2008 bankruptcy filing. Their theory was that Derian Eidson, both his girlfriend and an attorney in Orange Country California, had aided him in hiding his assets. She began a romantic relationship in 2001 after his divorce and represented his interests in various business concerns.

The Trap Was Set

System 3’s sole owner, Tom Wilbert, cooperated with the Feds and arranged a one-time payout for Zinnel. In 2008, Wilbert offered Zinnel $4 million to server all ties. Zinnel accepted. Eidson was involved in that her assistance was requested in putting together the final agreement in Sacramento. In unusual undercover tactics, the parties representing System 3 during that meeting were also assisting the federal government.

The Indictment Conclusion

In June 2011, a federal indictment determined that that Zinnel was not forthcoming about all of his assets, including his stake in a company called System 3. In October of 2001, Zinnel invested $170,000 into System 3. His name appeared on none of the documentation and only in 2007, 2 years after his bankruptcy, did he, via a company called Done Deal that was owned by Eidson and employed Zinnel, begin receiving monthly “consulting fees” from System 3.

Both Eidson and Zinnel refused a plea deal and went to trial. Eidson was sentenced to 121 months and Zinnel to 18 years.

A California Criminal Defense Lawyer Can Help

Non-violent offenders face stiffer sentences and unusual tactics. The law offices of Lawrence Wolf have been practicing criminal law for more than 40 years. A complimentary consultation with a California criminal defense lawyer at the Law Offices of Lawrence Wolf can help individuals determine next steps. Contact us today at [number type=”1″].

Three Strikes and You’re Out: Is This Criminal Law Justice?

criminal-handcuffs-300x200 With an increasingly crowded penitentiary system and many offenders serving life in prison for nonviolent crimes, more and more critics of America’s current legal system – including California criminal defense lawyers– have been questioning the usefulness of the three strikes law in today’s society.

The Law

Though its name is largely self-explanatory in nature, California’s Three Strikes Sentencing Law isn’t quite as straightforward as it sounds. It mandates that anyone convicted of a second felony be sentenced to twice the sentence that a first would incur. For a third, the sentence must be at least 25 years, and possibly as long as life.

In 2012, the passing of Proposition 36 amended the law to state that only a serious or violent prior felony would qualify offenders for the 25-year-to-life sentence, and those currently serving a third-strike sentence for felonies that no longer apply might petition the court for a reduced sentence.

A Poor Rationale?

Despite the recent amendments, some still question the legitimacy of this law. In the case of violent repeat offenders, lawmakers and the public are slightly less divided. But what about cases where no violence is involved, or worse, sting operations? A story about a Louisiana man illustrates this case well.

Fate Winslow sold an undercover officer a dime bag of marijuana, at the officer’s request, and is now serving life in prison because he had two previous convictions. Though illegal, the crime was far from a violent offense. As reported by KTBS, “Critics have long argued Louisiana’s habitual offender law, coupled with mandatory minimums, have disproportionately affected black males and lead to jail overcrowding.”

Not Just a Problem for the Convicted

While many citizens and lawmakers may not be concerned about the fates of the convicted, everyone should be concerned about overcrowding. As of 2010 it cost more than $31,000 to keep someone in prison for a year.

More importantly, though, some question the right of society to lock people up indefinitely for nonviolent crimes. Moreover, as stated above, profiling ensures that the three strikes law is often unfairly used against certain subsets of the population.

If you are a victim of the three strikes law and wondering how a California criminal defense lawyer can help your case, call now at [number type=”1″], or go to our website: www.youareinnocent.com to learn more about your options.

Circumstantial Evidence and Drunk Driving Laws: You Need a Los Angeles DUI Attorney Now More Than Ever

DUI-arrest-300x199 If you’ve ever felt like the deck is stacked against you when it comes to drunk driving laws, you are justified in feeling that way. A recent ruling from California’s state Supreme Court is making life much more difficult for those who are charged with DUI. The court ruled that circumstantial evidence can be used to prove DUI. What does this mean in layman’s terms? It means that a police officer’s observations can be used in a court of law in an effort to prove that a motorist had an illegal blood-alcohol level.

The court’s ruling is based on Ashley Jourdan Coffey’s lawsuit against the state Department of Motor Vehicles that was filed after her driving privileges were suspended upon her guilty plea to a “wet reckless” charge. A police officer determined that Coffey was drunk based on her trouble completing field sobriety tests, the smell of alcohol on her breath and her bloodshot eyes. Her blood-alcohol level measured .08 percent. A different test administered three minutes later showed that her blood-alcohol level had risen to an illegal level of .09 percent.

Coffey argued that her blood-alcohol level was below the legal limit at the time that she was arrested. A DMV hearing officer rejected the argument, stating that the EVIDENCE provided by law enforcement was sufficient enough to warrant a suspension. However, the state Supreme Court stated that Coffey should have been able to rely on expert testimony to bolster her case.

Coffey’s case has the potential to create a ripple effect that permits the consideration of circumstantial evidence. In the future, significant weight could be placed on circumstantial evidence such AS a police officer’s detection of the strong odor of alcohol. This is a troublesome precedent as it allows the subjective opinion of a police officer to carry significant weight in a court of law. For example, a poor performance on a field sobriety test can now be used in an effort to prove impairment, even without the presence of more damning evidence.5

It is clear that those accused of drunk driving need the assistance of a Los Angeles DUI attorney at The Law Offices of Lawrence Wolf now more than ever. Do not hesitate to reach out to our office to schedule a consultation. You can call us by dialing [number type=”1″], or visit us online at www.youareinnocent.com.