Lawrence Wolf - Part 5

Drug Arrests Down While Property Crime Rises

Under California’s new Proposition 47 law, offenses that once were major felonies have been downgraded to misdemeanors. Offenders who once would have gone to jail for drug possession and theft, are now facing mere warnings and possible fines.

Proposition 47

Proposition 47 was signed into law on November 5, 2014. It has resulted in major changes to the California criminal justice system, some of which have been quite unexpected. The original concept behind the law was to reduce the amount of time nonviolent offenders spent behind bars, and steer penalties for minor offenses towards rehabilitation rather than punishment.

This would also, it was thought, ease the overcrowded conditions in jails. In this, it has succeeded. Inmates suffering county sentences are now serving full sentences since overcrowding has subsided. This means fewer convicts are getting early release.

Fewer Arrests

What has also resulted, however, are fewer arrests for small crimes. Police are viewing arrests for misdemeanors as wasted time, and drug crime lawyers are seeing clients get off with no punishment when they are arrested.

This has had the effect of reducing drug arrests by nearly a third in the city of Los Angeles, and almost 50% in LA County. Those drug offenders that are arrested face warnings and slap-on-the-wrist sentences with no jail time, leaving them free to escalate criminal activity.

Unused Alternatives

While the law provides for the savings gained from reduced incarceration to be put towards drug treatment, mental health and truancy programs, few are taking advantage of these solutions. The increased funding will not go into effect until next year, and many of the convicted simply head back onto the streets.

Project 180, located in downtown L.A., has seen only 27 slots of 62 filled in its court-ordered drug treatment program. Felony prosecutions have slowed, resulting in far fewer referrals.

Property Crime

According to the Los Angeles Times, as narcotics arrests have decreased, property crime has been on the rise, up 7% in Los Angeles and 10% across the county. Motor vehicle thefts saw a 20% increase, vehicle break-ins were up 12%, and retail thefts have increased by the same amount.

Still, despite initial skepticism, criminal justice experts and crime law attorneys remind people that correlation does not equate to causation. It is, they say, too early to draw any conclusions based on the new laws and there could be other factors in play. Time will tell if this new approach works.

If you have been arrested for a drug-related crime, remember that you have the right to an attorney. Be sure that attorney is Lawrence Wolf. For a free consultation, fill out our contact form or call us at [number type=”1″].

Major California and Los Angeles Drug Law Reforms in 2014

If the old adage ‘as California goes, so goes the nation’ has any truth to it, then 2014 was cause for hopeful optimism for drug law reform advocates across the U.S. It was a year that saw several major victories for those working for changes in drug law in Los Angeles.

Many criminal lawyers and drug attorneys in California and Los Angeles are praising the defeat of regressive bills and changes in existing laws in 2014 that they say will bring major improvements, including lessening criminal charges for minor drug possession and use, cutting down on prison and jail overcrowding, equalizing penalties for similar crimes, reducing HIV and Hepatitis C infections, and combatting poverty.

The Drug Policy Alliance, billed as the “leading organization promoting drug policies that are grounded in science, compassion, health and human rights”, has listed what it considers the major accomplishments in drug law policy reform in California in 2014.

Defeat of the Medical Marijuana Regulation Bill (SB1262), which many criminal lawyers in Los Angeles and California complained would require oversight of regulation by an unqualified state agency, would result in unfair treatment of medical marijuana patients, and deny a medical marijuana license to people with prior drug convictions.
Passage of the Sterile Syringe Access at CA Pharmacies (AB1743) bill, which will continue to allow people to buy sterile syringes at pharmacies without a prescription, and lift the limit on how many can be purchased and possessed, a major factor in HIV and Hep C prevention.
Passage of the California Fair Sentencing Act (SB1010) bill, which eliminated the discriminatory disparity in sentencing between crack and powder cocaine, which crime law attorneys have been decrying for over a decade.
Repeal of the lifetime ban on benefits such as food stamps for those convicted of a drug felony.
Passage of bill AB1535, which makes the drug naloxone, a drug which reverses overdoses from opiates, available as an OTC medicine, able to be purchased without a prescription from California pharmacies.
And most importantly for some, passage of Proposition 47, the Safe Schools and Neighborhoods Act, which reduces several petty crimes from felonies to misdemeanors, and allows for reclassification of criminal records, removing felony convictions from the records of as many as 1 million people, and ultimately reducing the prison population.

2014 was a fateful year for drug and criminal law in Los Angeles, and a harbinger of things to come for the rest of the country. If you’re in need of the services of a drug or criminal law attorney in Los Angeles, contact the law offices of Lawrence Wolf at [number type=”1″] for a free consultation.

Drug law Los Angeles Benefitting From Lower Gang Activity

Are gangs finally on the decline? In Southern California, at least, it looks that way. A recent article in Pacific Standard magazine notes that in the past five years, gangs have become significantly less visible throughout the area.

Several years ago, 70 or more people were murdered each year in Santa Ana, often for gang-related reasons; such crimes are processed through the system of criminal law Los Angeles. For 2014, the number or murders stood at just 15.

Drug law Los Angeles is feeling the effects of declining gang activity as well; police have noted a 50-percent decline in gang-related crime since 2008. Academics say the overall shift has happened very quickly, and it’s not just in California.

Gangs by the numbers nationwide

Violent crime is declining across the United States, decreasing by approximately 16 percent between 2008 and 2012 alone. The National Gang Center confirms that the prevalence of gangs is down: They’re in about 30 percent of jurisdictions across the country, compared to 40 percent in the mid-1990s. Prevalence has changed the least in large cities and suburbs, and it has decreased the most in rural counties and small cities.

However, the center notes that a better way to gauge overall gang activity is through total number of gangs and gang members. Currently, about 30,000 gangs with 850,000 members exist in the United States, an increase of about 8 percent in the number of members and 11 percent in the number of gangs compared to five years ago.

Most of the increase is in large cities, the center reports. Along with the decline in prevalence of gangs in rural counties and small cities, the increase in gangs in densely populated areas suggests that gang activities are becoming more concentrated in urban areas.

History of gangs

Gangs in the United States date to at least the 1800s, but they started later in Southern California. Beginning after World War II, the high stakes of drugs have increased the prominence of gangs across the nation.

While the growing concentration of gangs in urban areas is good news for small towns, it will require continued vigilance by law enforcement and citizens to keep related crime under control in large cities. To find a drug attorney or criminal lawyer Los Angeles, please contact the law offices of Lawrence Wolf at [number type=”1″] for a free consultation.

New DNA Profiler May Help a Crime Law Attorney Clear the Innocent Faster

There is an exciting development in the world of crime scene investigation. A technologically advanced machine allows law enforcement to obtain a complete DNA profile in just two hours’ time. This development is beneficial to any crime law attorney in Los Angeles and an innocent suspect.

Current DNA Profiling System is lacking

At present, to receive a DNA profile the majority of law enforcement agencies in California has to ship their evidence to the state crime lab. This process can take weeks or even months. During that time, an innocent person may be incarcerated or the suspect may have already been released.

Lengthy Wait for DNA Profiling Results is a Thing of the Past

The Alameda County Sheriff’s Department has in its possession an innovative machine that allows a suspect’s DNA to be processed faster than ever before. This machine will make substantial changes in the way criminal law in Los Angeles analyzes many DNA samples. Integer is responsible for creating this amazing equipment.

The name of this new human DNA identification system is RapidHIT. According to Bob Schueren, who is the CEO of Integer, this on-site machine generates a DNA profile identical to profiles generated in a forensic lab. With RapidHIT, a DNA profile is available in just two hours time. Schueren states that identifying a known offender while still in custody should save law enforcement a lot of time on investigation and follow up. It may even thwart other crimes.

The Process

The process is simple. A swab is used to collect a DNA sample from a suspect. The swab is then loaded into the machine. Information obtained from the swab is immediately compared to saliva, skin, hair and semen samples from unsolved crimes, as well as the profiles of previous offenders. The RapidHIT system will definitely make criminal law in Los Angeles more efficient because it has the ability to analyze up to seven specimen swabs at a time.

District Attorney Nancy O’Malley Praises the RapidHIT System

Nancy O’Malley is the Alameda County District Attorney. She states that law enforcement needs to use all the technology available to bring justice to victims. O’Malley says that this technology also has the ability to exonerate individuals who received wrongful convictions, allowing for their release from jail or prison.

She has been working with law enforcement agencies all over the nation in an attempt to relieve the backlog of sexual assault cases. According to O’Malley, a lot of these sexual assault cases have rape kits that still need to be tested. Although the system is unable to analyze the DNA in these sophisticated rape kits, O’Malley believes that with investigators using RapidHIT for other types of DNA testing, state labs can concentrate on analyzing the more than 400,000 rape kits in evidence rooms.

The first RapidHIT equipment arrived at the Alameda County Sheriff’s Department in mid-February. They expect to begin using the new equipment within the next two months. This is good news for every innocent suspect and criminal lawyer in Los Angeles. If you are in or near Los Angeles and need a crime law attorney, contact the law offices of Lawrence Wolf at [number type=”1″] for a free consultation. We are dedicated to protecting your rights.

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 21^st 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.