Lawrence Wolf - Part 3

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.

California Supreme Court Decision Relaxes Residency Rules for Registered Sex Offenders

Los-Angeles-View-300x200 Following a recent decision by the state Supreme Court, California’s Department of Corrections and Rehabilitation is modifying its rules restricting where convicted sex offenders can live.

The department and the state’s Supreme Court justices agreed that a 2006 ballot measure imposed requirements that made it too daunting for registered sex offenders to find permanent housing, KGTV San Diego reports. As a result, the number of transient offenders increased, making it more difficult for parole agents to monitor some 6,000 offenders throughout the state.

As of the end of February, the state reported more than 1,400 registered sex offenders who did not have a permanent address. About half of those were convicted of sex crimes involving children, the state corrections department notes.

State Supreme Court: Ban too restrictive

In March, the California Supreme Court struck down Proposition 83, the Sexual Predator Punishment and Control Act, which enforced monitoring for life of “sexual predators” and the implementation of “predator-free zones.” The measure, also known as “Jessica’s Law,” prevented registered sex offenders from living within 2,000 feet of parks or schools where children congregate. The court’s ruling provides that the restriction now will apply only to registered sex offenders whose crimes involved children and to those at high risk of committing additional offenses.

In response to the ruling, the state corrections department in April announced that in lieu of the blanket ban, parole agents would determine residency constraints individually for the state’s 6,000 registered sex offenders.

Unfair application?

The state of California is not applying the new guidelines equitably, a criminal defense lawyer representing registered sex offenders argues. Several counties and cities in the state have nullified their restrictions, while others continue enforcement. In addition, state legislators say they intend to introduce measures that would impose new restrictions.

In 2007, the Adam Walsh Child Protection and Safety Act became law, introducing new requirements for registered sex offenders throughout the United States. Laws can differ in each state, however. For a consultation with an experienced criminal defense lawyer, contact The Law Offices of Lawrence Wolf at [number type=”1″].

Essential Reform of White Collar Crime Law and Sentences in the Works

White-Collar-Crime-300x199 As initially reported by Forbes contributor, Walter Pavlo, the United States Sentencing Commission is working on making much-needed adjustments to laws concerning white collar crime. All of the changes have an impact on the Federal Sentencing Guidelines judges currently use as a guide. The white collar crime law change recommendations were finalized and delivered to Congress for their review process. If members of Congress approve the changes, the sentencing guidelines will apply to cases heard in court after the 1st of November 2015.

Economic Impact Weight

The original sentencing guidelines laws looked at the total value of the economic impact made by white collar criminal acts, including fraud, identity theft, and money laundering. Most of the loss table changes were updated to reflect the total amount of inflation since the laws’ original inception. White collar crime examples that occur today tend to far exceed the given guidelines, leaving judges unsure about how to proceed during sentencing. Although the Department of Justice and groups against mandatory minimum sentencing opposed the changes, other governing officials felt the economic updates were completely necessary.

Victim Tally Considerations

On the other end of the spectrum, judges looked at the victim tallies to see how the crimes affected the community as a whole. Crimes that had an effect on a large number of individuals came with stiffer sentences than ones that bankrupted just a few key people. New sentencing guidelines allow judges to step back a bit and examine the actual impact on each victim to gauge the severity of the white collar crime examples. Judges will also weigh actual intent while determining the right sentencing range to apply for each crime.

Future Alteration Forecast

Individuals opposing this change urge court system officials to view long prison sentences for non-violent offenders in a new light. The opposing forces do not want the current state of long sentencing for drug charges and other forms of non-violent crime to act as a benchmark for white collar crime law changes. Instead, these individuals urge lawmakers to reconsider the state of the justice system all around to incite sentencing changes for all non-violent criminals. In particular, the way first time offenders are harshly sentenced is being scrutinized as an unnecessary measure with little to no positive impact.

Individuals in need of criminal defense in Los Angeles should not hesitate to contact a qualified legal representative. To speak to a criminal defense attorney, call us now at [number type=”1″], or head over to our website atwww.YouAreInnocent.com.

California Proposal Could Protect Immigrants with Drug Possession Charges from Deportation

young-man-in-shackles-300x200 Today, an immigrant who is charged with a minor drug charge in California could end up with a one-way ticket out of the United States, whether they have a green card or not. But a new proposal could change that. According to the Los Angeles Times, individuals facing minor drug charges in California are often advised by their Los Angeles drug attorney to plead guilty to their crimes and to enter a drug counseling program. If the individual completes the drug education program successfully, the charges in most cases would be dismissed. But for immigrants — both here illegally as well as those with green cards — pleading guilty could lead to deportation.

Fortunately for these individuals, California is considering a proposal that would protect immigrants who are facing a minor drug charge, such as substance possession, from being deported. The proposal would allow a defendant to enroll in a drug treatment program before entering a plea. If the defendant is then able to successfully complete the program, they would not have to plead guilty to the charge. Of course, if they are unable to complete the program successfully, they would then have to face the drug charges that have been made against them.

The author of the bill, Susan Talamantes Eggman (D-Stockton) believes that this proposal will allow individuals to get the drug counseling they need to turn their lives around without the fear of deportation. To allay some of the worries of those who oppose this proposal, the drug counseling option would only be available to immigrants who do not have a prior history of drug sales and have not been convicted of a serious felony.

This is an extremely important case as, today, thousands of immigrants are deported for drug possession charges each year, including many who have been in the United States for much of their lives. Unfortunately, many of these deported individuals end up leaving shattered families behind, according to the Human Rights Watch.

While the fate of this bill is still up in the air, it is important that immigrants facing drug charges hire a lawyer familiar with current immigration laws regarding such offenses. Not doing so could end up costing them their right to remain in the United States.

If you have recently been arrested on drug charges in the Los Angeles area and are an immigrant here legally or illegally, you need to contact a drug lawyer Los Angeles with theLaw Offices of Lawrence Wolf. Call [number type=”1″] for a free consultation. You can also visit our website: www.youareinnocent.com.

Mayor Plans to Stem Rise in Violent Crime Rates

police-do-not-cross-300x200 Safety is the focus of Mayor’s Eric Garcetti address about combating rising violent crime in Los Angeles given at the Valley Performing Arts Center. With more accurate reporting, a clearer picture of violent crime in Los Angeles has developed. Garcetti spoke of the deaths of unarmed black men in “Ferguson, Staten Island, and now, North Charleston” and mentioned the body-camera program for Los Angeles police officers. Community building and anti-gang initiatives appear to be how the Mayor will attempt to reduce the 14.3 percent spike in violent crime rates.

Trust and Safety
Stuart Waldman, president of the Valley Industry and Commerce Association, called the mayor’s address “safe.” The priority placed on public safety is necessary to the people of Los Angeles and the businesses that cater to the community. According to Waldman,“If people don’t feel safe, they’re not going to shop, and businesses are going to move away.”
It is important to note that the Mayor’s second address was given during a lead-up to re-election in 2017, a few days before releasing the city budget and while contract negotiations were underway.
The Mayor’s Approach
In his 2015-2016 budget, an additional $5.5 million has been earmarked for the Los Angeles anti-gang program and the “Summer Night Lights” anti-gang initiative will undergo expansion. Jaime Regalado, emeritus professor of political science at Cal State L.A., credited the Mayor with the renewed focus on community policing and believes that the mayor will be harshly criticized if he fails to reduce crime statistics.
A Lack of Manpower
There will be no new hires in the police department. Instead, Jeff Millman, Garcetti spokesman, says that police offers will be shuffled around. During this period, the LAPD’s Metropolitan Division, that which supervises city policing, will almost double.
Coral Itzcalli, spokesperson for SEIU Local 721, said the union desires more hires and states that “We can’t get back to basics without basic services.”
A Seasoned Attorney Can Help
The new classification system can change sentences for aggravated assaults and violent crimes. Know your rights if a victim of or accused of a violent crime. For over 40 years, the law offices of Lawrence Wolf have been practicing criminal law while serving the needs of the Los Angeles community. Speak to an experienced criminal attorney in Los Angeles, California at the Law Offices of Lawrence Wolf. Call now at [number type=”1″], or go to our website: http://www.youareinnocent.com.

California Criminal Defense Lawyer Handles Global Child Sex Case

hands-in-handcuffs-624x386 In a recent federal court case, a federal grand jury charged California resident Blake Robert Johnston with several counts of sex-related crimes. Investigators discovered hundreds of illicit photos of minors on Mr. Johnston’s computer. Online records detail Mr. Johnston’s attempts to coerce underage children to engage in sexual activity. Mr. Johnston was also charged with transporting children to engage in criminal sexual activity.

As this wasn’t Mr. Johnston’s first infraction involving a minor, the penalties will likely be less lenient. In October 2014, Mr. Johnston faced multiple counts of leaving the state to perpetrate sex-related acts with a minor, reports state. Investigators are looking into the case to determine the scope of Mr. Johnston’s crimes, some of which they believe took place outside the country.

Sexual Assault Investigations

The U.S. Immigration and Customs Enforcement (ICE) found Mr. Johnston’s sexual crimes to involve over 30 possible victims spanning a dozen states and several locations overseas. Investigators now believe that the crimes may involve hundreds of minors, whom Mr. Johnson either traveled to meet with intent to engage in sexual activity, or prepared travel plans for them to meet him.

Sex crime investigations can be lengthy and complex. The attorneys at The Law Offices of Lawrence Wolf have not only defended people charged with sex crimes, but have prosecuted hundreds of cases to secure justice and compensation for victims of sexual abuse. In California, laws regarding sexual abuse involving a minor differ from other U.S. states. If you’re under investigation for a sexual felony or misdemeanor, you need a lawyer well-versed in California-specific sex offender law.

Contact an Experienced California Criminal Defense Lawyer

Sex-related crimes are among the most serious and complex. Both the victim and the accused deserve professional, experienced sexual assault representation. The sexual assault defense attorneys at the Law Offices of Lawrence Wolf have fought for juveniles and adults charged with sexual assault. They specialize in securing alternatives to incarceration and have built relationships with judges and fellow defense attorneys across California.

Not all cases of sexual offense are clear cut. If you’ve been accused of a sex-related crime, The Law Offices of Lawrence Wolf, Los Angeles Criminal Defense Lawyers, can give you a free consultation. They have helped thousands of people charged with felonies and misdemeanors in California, and they can help you, too. Call now at [number type=”1″], or visit their website at www.youareinnocent.com.

Mueller and Marijuana: What a Recent Court Ruling Means For Drug Policy

legal-or-illegal-300x191 In a recent court hearing, US District Judge Kimberley Mueller declined to remove marijuana’s Schedule I status, which places the drug in the same category as heroin, ecstasy, and LSD. Her decision complicates current legalization efforts, but may nonetheless indicate a growing trend toward marijuana legalization.

Should marijuana be legalized?
For many activists, the answer to this question is not just “yes,” but “of course.” Supporters of legalization point out that marijuana has few risks, is safer than tobacco, alcohol, and many prescription painkillers, and has a variety of health benefits. Why criminalize the drug, activists ask, when using it presents no clear threat and a wide variety of personal and social benefits? Judge Mueller does not necessarily disagree with this reasoning. In explaining her decision, she argued not that marijuana should be illegal but only that it was not her place as a judge to legalize it. Marijuana may well become legal in the next few years, but Congress must make that decision.

What does this ruling mean?
Mueller’s ruling applies to a specific case, that of 16 defendants from Northern California on trial for possession of and growing over a thousand marijuana plants. Her decision nonetheless has broad implications for marijuana policy in the United States, and may complicate state-level efforts to decriminalize possession of or fully legalize the drug.
24 states have legalized medical marijuana, and four have legalized the drug for recreational purposes. It is still illegal under Federal law, however, putting sellers in a difficult position. Many growers and distributors carefully follow state laws only to have Federal authorities shut them down. Had Mueller overturned marijuana’s Schedule I status, she would have set a precedent that would make it more difficult for Federal authorities to interfere with state drug laws. Her refusal to do so casts doubt on whether state-level legalization schemes can succeed.

Despite these setbacks, advocates of marijuana legalization see a silver lining in this decision. Unlike in previous cases, Mueller at least questioned marijuana’s current legal status and consulted drug policy experts before making a decision. Many see this as evidence that judges have become more skeptical of drug laws and may be willing to change them.

As a drug lawyer Los Angeles, Lawrence Wolf provides legal advice and support to citizens dealing with drug charges. Call [number type=”1″], or visit our website today to learn more about your options in drug cases.

Violent Crime Statistics Show an Increase in Los Angeles

police-car-624x415 Los Angeles statistics show a seriousupsurge in violent crime across all of the LAPD’s four bureaus. A recent reclassification has contributed to the statistics reported by the LAPD. 2014 marked the beginning of a marked increase of 14% in violent crime in Los Angeles, CA. A new classification system and an increase in specific crimes have added to the reported crime rate data coming out of LA.

Statistics Reveal

Violent crime is up 26% and property crimes 11% in Los Angeles this year, as stated by LAPD Chief Charlie Beck. Beck says that crime levels are similar to data collected in 2012. As suggested from crime rates by neighborhood, the Central Bureau saw the largest increase. Violent crime statistics in 2015 include aggravated assaults, domestic violence and robberies.

A crime becomes a statistic through a 5 step approach that is open to human error and a lack of oversight. An officer first takes a report. Station supervisors review the report. Civilian clerks enter information from reports into the database. Detectives investigate cases and should make corrections in classification. The statistics are generally used to guide deployment and inform the public. Each step is subject to human error and additional pressures can support reclassifying and downgrading a crime.

Investigation into Classification

Last year, Times found that the LAPD understated the rate of crime in Los Angeles. The LAPD had misclassified almost 1,200 serious violent crimes and low-level offenses during a one-year period. Some instances include that of Nathan Hunter who flew into a rage and assaulted his wife by beating her, choking and stabbing her in the face and finally throwing her down a flight of stairs. Under FBI rules followed by the police nationally, the crime should have been considered an aggravated assault but instead was listed as a simple assault. As such it wouldn’t be listed in LA’s serious crimes.

Changes in Classification Can Affect the Accused

Reclassifications from crimes such as vandalism to burglaries or assault to aggravated assault affect statistics and criminal proceedings. These changes require a seasoned attorney. At the law offices of Lawrence Wolf, Los Angeles criminal defense lawyers have been practicing criminal law for over 40 years. Their advocates support the rights of individuals as they proceed through trial. Contact the Law Offices of Lawrence Wolf at [number type=”1″] or visit our website for a complimentary consultation from a criminal lawyer Los Angeles.

Mandatory Minimums for Campus Rape Could Come to California

According to Reason.com, California state legislators are considering a new bill which would impose a two-year mandatory school suspension for any student convicted of a sexual assault by a campus disciplinary hearing. Das Williams (D) introduced the first-of-its-kind bill to address concerns that the state’s academic institutions are not taking on-campus sexually-based assault seriously enough. Currently, 11 universities and colleges in California are under federal Title IX investigations for the way they have handed previous sexual misconduct cases. The proposed bill would affect all of California’s private and public institutes of higher learning accepting government-funded financial assistance for their students.

William’s bill comes on the heels of the “only ‘yes’ means ‘yes’” affirmative response sexual consent legislation passed in 2014. The 2014 law requires “ongoing, enthusiastic, affirmative consent” throughout a sexual encounter, without the need of accuser to outright verbally refuse sexual activity. The affirmative response sexual consent law has been highly criticized for being impractical, and for switching the burden of proof from the accuser, to the accused.

While a school suspension may seem to be an inadequate punishment for a sexual crime, the proposed bill, combined with the affirmative response sexual consent legislation, may lead to punishment for activities which are considered legal outside of an academic setting. Opponents of the bill claim imposing mandatory minimums for all cases is inappropriate, and suggest any accusation of a sexual assault should be handled by the police and the court system, instead of campus security and the institution’s disciplinary board.

Even supporters of stricter on-campus sexual assault guidelines have their own doubts about the proposed bill.

Daniel Carter, who works with victims of sexual crime through the VTV Family Outreach Foundation, thinks passing the bill may reduce the number of reported sex crimes on campus. Carter feels William’s bill is well-intended, but fails to take into consideration the complexities of campus sexual assault, along with the mindset of many rape victims. He believes the first concern of lawmakers and educational institutions needs to be the welfare of the victims.

The slippery slope of defining a sex crime can affect even well-intended individuals. If you find yourself accused of sexual misconduct, you need to speak with a California criminal defense lawyer as soon as possible. The Law Offices of Lawrence Wolf has been defending the rights of the accused for over 40 years. Call now at [number type=”1″], or go to our website.