Multitude of new California laws take effect in 2015

With hundreds of new laws in effect for 2015 in California, just about every resident of the state is affected in some way. Whether you’re a gun owner, environmentalist, student, veteran, consumer, prison inmate or elected official, you may notice the changes.

Gov. Jerry Brown kept his pen busy last year, vetoing 143 bills. But he also signed 930 into law. Many went into effect Jan. 1, while others become effective in July.

In a recent review of some of the new laws, The Los Angeles Times notes that several were drafted in response to prominent news events, including the fatal shootings last spring in Isla Vista. The incident led to a new law allowing either family members or police to seek temporary restraining orders barring gun possession by a person determined to be dangerous.

Additional new laws include:

  • A potential ban on plastic grocery bags intended for single use. The measure may be delayed until a referendum vote in November.
  • Extension of the statute of limitations to prosecute bribery charges among public officials. The new law comes in the wake of two state senators coming under federal charges for bribery.
  • Inability of public officials to use campaign funds for paying fines for improperly using political funds.
  • Authorization to start work on a new veterans’ cemetery at the Irvine site that formerly housed the El Toro Marine Corps Air Station.
  • A ban on cooperation by state agencies with federal officials collecting large numbers of computer and phone records. An exception exists when a warrant is issued.
  • The ability to prosecute photographers using aerial drones to record or photograph an individual in a private location. Cases may be pursued by criminal law Los Angeles prosecutors and those elsewhere in the state.
  • Adjustment of sentencing for crack cocaine sale to two to four years, the same as for powder cocaine. The sentence for selling crack cocaine previously was three to five years.
  • A mandatory sentence of 180 days for paroled sex offenders who do not show up to be fitted with a GPS monitoring device or who tamper with the device so that it does not work.

As Congress remains gridlocked, California’s Legislature has no problem taking action. These are just a few of the laws becoming effective in 2015. To search the database of California’s laws, visit the state Legislature’s website.

Proposition 47 Redefines Criminal Law in Los Angeles

Last year, Proposition 47 was approved with a margin of 60-40. All throughout California, human rights activists rejoiced. It seemed like a positive step in the right direction. Proposition 47 introduced less severe sentencing for all non-violent crimes, with the exception of offenders who have a prior record of murder, rape, sex offenses or certain gun crimes. Perhaps the biggest change was that many felonies were re-classified as misdemeanors that would carry a significantly decreased fine. Among these former felonies are personal drug use and stealing.

The goal of Proposition 47 was to enhance the fairness of the criminal justice system in California. However, many say that it didn’t go far enough to accomplish its goal.

A Bandage on the Wound of Crime

The goal of Proposition 47 was to help reform the justice system and alleviate unnecessary strain on the police, courts, criminal law attorneys and prisons. While there has been a significant decrease in narcotic arrests, this isn’t because less crime is being committed. It’s because the new proposition is much more lenient on these crimes. Some say that the new proposition even condones illegal behavior.

One example used to illustrate this point took place on a February 21st investigation of a rundown shack. The police found a glass pipe, which indicates some form of drug usage. Under the old laws, this would more than likely lead to the homeless man inhabiting the shack being arrested. With the proposition, he is left with a warning. What are the chances that he will stop doing drugs after that experience?

While decreasing arrests for non-violent crimes does reduce the pressure on the justice system, it doesn’t do much to put an end to the crimes themselves. Critics of the proposition say that the proposition is more of a bandage on a wound of crime that’s still bleeding profusely. Many criminal lawyers in Los Angeles agree.

The Proposition Needs to Go Further

Instead of neglecting non-violent crimes, or only treating them with small fines, the justice system should take a rehabilitative approach. Work closely with repeat offenders with the goal of ending their criminal behavior. Reclassifying non-violent crimes does help avoid punishing people too harshly, however, it still needs to focus on preventing crimes in the future. Criminals could be placed in a mandated, state run group counseling to help them rehabilitate from their criminal ways.

No legislation is perfect, and Proposition 47 is no different. Criminal law in Los Angeles has been forever changed, but has it been changed enough?

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California Officials Hope New App Helps Decrease DUI

Drunk driving lawyers in Los Angeles are rallying behind the 2014 announcement of a new app that is designed to decrease DUIs. In December 2014, State Senator Hannah-Beth Jackson unveiled that a new app will hopefully help to reduce the number of DUI incidents in California. The free app is designed to help prevent DUI-related crashes, deaths, and injuries.

Following the December announcement, Senator Jackson spoke with California Highway Patrol officers in Ventura. She said that, “we need to be attentive, we need to be sober, we need to make sure we have a designated driver who is going to take responsibility.”

At its core, the app allows people to request a ride home from various transportation companies including Uber, Curb, and Lyft. This app is being supported by DUI lawyers in Los Angeles, because it will help to keep the cities safer, while also encouraging citizens to refrain from drinking and driving.
Free App Features Local Designated Driving Programs

The free app is also designed to show nearby restaurants that offer free designated drivers or discounted nonalcoholic beverages to its patrons. To date more than a dozen restaurants and bars in the Ventura County area have joined forces with the apps. California state officials are hoping that many more will soon follow suit.

When asked about the accuracy of the app, CHP Coastal Division Chief Reggie Chappelle said when he downloaded the app, he discovered that several establishments near his home offered incentives to designated drivers. He went on to say, “we hope that this results in fewer people drinking and driving.”

In support of Chappelle’s comments, Senator Jackson went on to further support the new app. She said that “the message is to buckle up … don’t drink and drive and then always designate a sober driver.” DUI lawyers are also supporting this innovative app. Los Angeles DUI attorneys are discussing the numerous benefits of the app with their past, current, and potential clients. As more people support the app, California officials hope that the number of DUIs will be greatly reduced.

Time will tell if the free app will continue to gain support amongst DUI Los Angeles lawyers, as well as the general population of California. The developers hope that the app will make a true impact on the number of DUI incidents in 2015 and the years to come. To learn more about this app and how it might affect DUI laws in California, visit www.youareinnocent.com to receive a complementary consultation, or call [number type=”1″].

Potential for California’s 2016 Marijuana Legalization Bill

Currently embroiled in debates over the future of marijuana drug law Los Angeles is an interesting place to be right now. In January, a panel up north in Santa Rosa discussed the possibility of passing a marijuana legalization measure in 2016, and what that might mean for the industry as a whole.

Multiple factors are at stake with a legalization bill. Although 2010’s effort to legalize the state’s largest cash crop, Proposition 19, failed by a slim margin, a recent poll conducted by Tulchin Research indicates that 65 percent of Californians would vote to reform marijuana laws. Many voters seem tired of the ongoing debates, and are ready to opt for legalization and solve problems it brings with it, including crammed jails and disputes over how exactly to run an industry that currently exists in a strange medicalized limbo.

The panelists, in a rare show of solidarity, came together to ensure that the industry, which has been operating behind the scenes for decades, would have a strong voice should marijuana be legalized this coming year. They cited concerns that without one, huge preexisting industries like tobacco or casinos or agribusiness would take over.

Panelists also voiced concerns over the exorbitant potential costs of grow licenses, stating that such consolidation of wealth harmed an industry that ought to operate on free market principles. “We need to be politically active and come up with a solution, so that the people who are now doing what they’re doing at least have a chance to be grandfathered in,” said one woman who already has a grow operation, and has for decades.

Still unsolved are questions of what will happen to felons convicted of growing marijuana if it becomes legalized. Panelists disagreed with the idea of banning these felons from receiving licenses to grow, as suggested by the state, and expressed hope that grow-related felonies could be expunged for others looking to get teaching or real estate licenses down the road.

Are you wondering about these laws, or if you might benefit from the help of a drug law or criminal law attorney? Get in touch with the Law Offices of Lawrence Wolf. With over 40 years’ experience, they’ll help you navigate the complicated world of drug law and uphold your rights. Visit the website at www.YouAreInnocent.com to receive a complementary consultation, or call [number type=”1″].

California Criminal Lawyers Face the Future of Criminal DNA Collection

DNA helps prove guilt or innocence in court, but the collection of DNA raises questions about privacy.

Genomics is a growing field that enables scientists to learn more about individuals, from their familial relationships to behavioral tendencies, based on their genome. DNA can also link (or not link) someone to a crime. The applications are continuing to expand with rapid DNA testing becoming more readily available.

The constantly evolving usage of DNA has led some states, including California, to challenge the current regulations regarding the collection of DNA. Your California criminal lawyers must be able to inform you about your rights regarding DNA collection and how it could impact you.

Cases Regarding DNA Collection

In 2013, the Supreme Court case Maryland v. King ruled that warrantless collection of DNA from arrestees was allowed under state law. Referencing this case, California’s law requiring DNA collection of all individuals arrested for a felony was upheld by the Ninth Circuit Court of Appeals in Haskell v. Harris.

However, this stance changed in late 2014 in People v. Buza. The California Court of Appeal ruled that California’s DNA collection violates the California Constitution. 20% of arrestees brought in on felony charges are later found not guilty, with not many rules regarding the privacy of these individuals’ DNA in place, so it’s no wonder privacy is a concern. The case also pointed out several flaws in the King case:

  • California law applies to anyone arrested for a felony; Maryland specifies burglary and crimes of violence, plus probably cause must be proved
  • The California system for destroying DNA records is slow; Maryland has an automated process
  • Riley v. California determined searching a cell phone is a violation of privacy, but that information isn’t as personal as an individual’s genome

Buza limited the fight to state constitution, since the Supreme Court ruled the collection practices in King legal, but cases cannot be appealed to the Supreme Court if they’re decided solely on the basis of state law.

Looking for California Criminal Lawyers?

The Law Offices of Lawrence Wolf are here to help if you become involved in a criminal case. Navigating your rights and what’s expected of you is easier when you have a professional with over 40 years of experience by your side. Visit the website to request a free consultation or call [number type=”1″].

Crime Falls in LA, But California Criminal Lawyers Still Important

An LA Times article posted on the first of the year reports that, for the second year in a row, overall crime rates in Los Angeles County have been on the decrease. The interesting part of all of this is that nobody–not even police–is quite sure why. Regardless, this decrease in crime is welcome for both police and citizens alike.

Specific Statistics

Specifically, a thorough analysis of crime reports and police records throughout 2014 found that violent crime was down a total of 4% from the year before, property crime was down 7%, and homicide was down by 11%.

It’s interesting to compare today’s crime rates in Los Angeles County to those of just over a decade ago. In 1992, more than 144,000 crimes took place in the area, as opposed to just 70,000 in the past year.

Possible Explanations

Some officials speculate that the decrease in crime in Los Angeles County is simply a reflection of decreased crime rates as a whole across the nation. However, others have different theories as to what has led to the decrease in crime. For instance, some members of the LA County Sheriff’s Office credit the hard work of the sheriff’s department in addition to a greater effort by the community to deter crime.

Interestingly enough, the actual city of Los Angeles saw an increase in crime in 2014. Reports show that for the first time in more than 10 years, the city of LA increased. Specifically, crime rates were up a significant 12%.

Will the Trend Continue?

The good news for those living in Los Angeles County is that this trend of crime decreases has now occurred for two years straight, so the hopes are high that this will continue. However, only time will tell. Some are confident that crime will continue to decrease, whereas others aren’t so sure.

Regardless of the outcome, however, the fact remains that there will remain a need for experienced and dedicated California criminal lawyers in Los Angeles County and throughout the state. This is especially true when it comes to minor offenses and crimes, such as misdemeanors and first-time offenses.

Fortunately, those looking for a California criminal defense lawyer or California misdemeanor attorney don’t have to look too far to find one that’s both hard-working and experienced. Many even offer free initial consultations for those seeking legal advice. At The Law Offices of Lawrence Wolf, you can receive the legal assistance you need in your defense against anything from a drunk driving accusation to a Federal crime. Give them a call today at [number type=”1″] to schedule your consultation.

Marijuana App Halted by Injunction

Medical marijuana is legal in Los Angeles, but you can’t have it delivered to your door. Judge Robert O’Brien, of the Los Angeles County Superior Court ordered that Nestdrop cease taking orders for and delivering medicinal marijuana within the city limits. Nestdrop states that it will fight the injunction.

Nestdrop is an app which allows people to order alcohol for home delivery in the Los Angeles area and added medical marijuana to their service in 2014. Despite the injunction banning the advertisement for the home delivery of medical marijuana, their website continues to advertise this service.

The lawsuit was initiated by L.A. City Attorney Mike Feuer, who claims that the service violatesProposition D which defines how medical marijuana can legally be dispensed in the City of Los Angeles. Nestdrop owner and creator disagrees with the City Attorney’s position and the judge’s ruling. Nestdrop co-founder Michael Pycher said the company is “not a dispensary, collective, grower or even a delivery service.” He insists that “Nestdrop is the technology platform that connects law abiding medical marijuana patients with local dispensaries to receive the medication that they need in a safe and secure manner.”

As this disagreement plays out in the courts, where does that leave the users of medical marijuana? To date, the City Attorney is focused solely on Nestdrop and not those who use the app. Mr. Feuer’s argument hinges on whether Nestdrop is a dispensary which is trying to skirt the Proposition D requirements or a legitimate way to allow home delivery of medical marijuana. As long as this remains the basis of the City Attorney’s attention, users of the app are not at risk. However, with Mike Feuer’s intention to limit illegal medical marijuana dispensaries, it is impossible to know how far he will take his efforts to stop Nestdrop’s marijuana deliveries and other apps which may come onto the market.

If you are charged with a drug crime in the Los Angeles area, contact Lawrence Wolf for assistance with your case. With over 40 years’ experience as a criminal defense attorney, he can provide you with the council and expertise you need. Call the Law Offices of Lawrence Wolf today at [number type=”1″].

Could California Make Changes to Juvenile Crime Laws?

In 2000, California passed Proposition 21, which was an initiative aimed at increasing penalties for juveniles who committed crimes. It also meant juveniles would be put into the adult criminal justice system.

The initiative was intended to curb what some thought would be a large group of criminal kids considered “superpredators.” Youths would be tried as adults and sentenced to hard time under the proposition.

In 1997, juvenile arrests peaked and have been falling ever since. In fact, arrests of juveniles dropped 48 percent by 2011, according to the Justice Department’s Office of Juvenile Justice and Delinquency Prevention. The problem with the proposition is that state prisons and juvenile facilities were filled with youths, which created human rights concerns and budget issues.

Studies found that it cost $100,000 annually to incarcerate a youth, while it is only about $10,000 to put a child through public school for a year.

However, there has been a change in thought regarding juvenile crime in the last handful of years. Since studies have shown that incarceration of young people increases their chance to commit another crime, states are looking at alternative punishments.

A few major Supreme Court decisions since 2004 have helped reframe the conversation regarding juvenile offenders and appropriate punishments. What was once an “adult crime, adult time” mentality is morphing into a more complex approach as research shows how costly and detrimental to the youth it can be.

Supreme Court decisions that have been influential include:

 

Roper v. Simmons (2004): Capital punishment for juvenile crimes was abolished.

  • Graham v. Florida (2010): States could no longer give mandatory life sentences to juvenile crimes, except homicide.
  • Miller v. Alabama (2012): It was now unconstitutional to hand down mandatory life sentences for juveniles for any crime.

Since juvenile crime’s peak in 1997 and 2011, 46 states have made reductions to their commitments for juveniles.

Police Not Catching All Drunk Drivers

According to a recent Time.com article, police aren’t catching a large percentage of drunk drivers each day. Statistics show that there are 300,000 occurrences of drunk driving on a daily basis; however, a mere 4,000 of these end with rides in a police car.

Other notable statistics include the fact that drunk drivers kill 10,000 U.S. citizens annually. That number accounts for a third of all car accident deaths.

Some argue — including James Fell who worked at the National Highway Traffic Safety Administration for three decades, according to Time’s article — that there are proven methods of reducing drunken driving. Implementing more traffic stops in neighborhoods has shown to be effective in reducing drunken driving.

Another effective way to help reduce deaths from drunken driving, as proven by research, includes sobriety check points — unannounced traffic stops where drivers are randomly selected to complete sobriety tests.

Yet recent studies have shown that only 3 percent of U.S. citizens drive in areas where law enforcement conducts weekly check points. Why are they not being done with more frequency? Some have cited costs and manpower needs. Some law enforcement agencies believe their staff is more useful patrolling neighborhoods than manning a DUI check point.

Drivers in Los Angeles can also turn away from a check point without the risk of being followed by police.

However, California DUI laws are becoming stricter, even for first-time offenders. If you are pulled over for drunken driving, it is important to know your rights. You must be read your Miranda rights. Do not refuse the chemical testing, which can cause your license to be suspended for a minimum of one year in California.

Criminal defense lawyer Lawrence Wolf has been providing legal advice those accused of drunken driving for four decades. If you need legal help, please visit our website or all [number type=”1″].

The Decriminalization of Drugs and Other Innovative Approaches Could Solve America’s Drug Problem

pills-and-syringe-300x199America’s war on drugs, started by President Nixon, has been an abject failure in almost every way. After millions of shattered lives and billions spent on incarcerations, drug use has only increased in the decades that followed. In fact, the sole “success” of the war on drugs is that the United States became the world’s leading incarcerator.To combat the persistent issues caused by the war on drugs, America simply needs to look at its global neighbors and allies for innovative approaches that can solve our drug crisis.

Following Portugal’s Lead, America Could Decriminalize Drugs

Ask any drug crime lawyer whether drug users in prison deserve their lengthy sentences, and they will respond with an emphatic, “No!” Decriminalizing drug use would eliminate incarcerations for drug use, replacing this antiquated practice with a health-centered approach that revitalizes communities.

Portugal provides an incredible example of the benefits afforded to societies when they decriminalize drugs.

To Combat the Dangers of Heroin, the U.S. Can Implement Heroin-Assisted Treatment Programs

Heroin-assisted treatment (HAT) programs are used to great effect in Canada and other European nations. HAT programs and centers provide clinically administered doses of heroin that have been proven time and again to reduce illicit drug use, crime, disease and overdose deaths.

These programs also focus on social reintegration and comprehensive wellness, which has resulted in convincing successes.

Supervised Injection Facilities Can Reduce HIV Infections and Overdose Deaths

Finally, supervised injection facilities (SIFs) are yet another inventive approach to reducing the dangers of drug use. By providing clean and sterile syringes, disease, overdoses and HIV risks are all greatly reduced. More importantly, statistics show that these facilities do not increase drug use or related criminal activity. Unfortunately, none of these facilities have been implemented in the United States.

The time has come for America to implement some of these remarkable approaches that will reduce incarceration, crime, drug use and diseases without relying on a broken criminal justice system that compounds the drug problem instead of fixing it.

If you have been arrested on drug charges in the Los Angeles area and need the assistance of an expert drug lawyer, seek out a proven drug lawyer at the Law Offices of Lawrence Wolf. Call now at [number type=”1″], or go to our website: www.youareinnocent.com for a free consultation.Windows 10 activator