It's been a while since I've published an update. We've been busy and I'm proud of some of our recent results. Here are a few highlights, if I may brag:
-LF v. GT: We represented the respondent in a Civil Harassment Restraining Order. His next door neighbor was seeking protection based on a series of baseless, frivolous allegations. Most of the petitioner's claims were not actually grounds for a restraining order, and she had no evidence or witnesses to support other accusations she was making. I warned the petitioner before the hearing that she had exactly zero chance of winning, and I gave her the opportunity to save her own time and mine. Instead, she chose to waste a bunch of taxpayer resources before leaving the court sad and empty-handed. My client was happy, though, so I'm happy.
-People v. RR: My client was arrested last year on suspicion of DUI. At the time of his arrest, officers found tactical gear, police scanners, a dagger and a replica firearm in his car. The DUI was reduced down to "wet & reckless" and my client was never charged or convicted for anything related to impersonating an officer. The items in his car were not contraband and there was no evidence that they were tied to any crime. This week, a judge ordered the San Gabriel Police Department to return all of those items to my client.
-People v. AO: My client was visiting Disneyland with her family. Her mom had previously given her a "self-defense" key chain, with an object that could technically be considered "brass knuckles" attached. She obviously didn't intend any harm and she had even flown on a commercial flight carrying the item. Police at Disneyland, though, decided to cite her for a misdemeanor. This week, the Anaheim City Attorney agreed to reduce the charge to an infraction so that it will not affect her criminal record.
-People v. MA: Our defendant is a mentally ill homeless man who was charged with several counts of trespassing and being drunk in public around Orange County. He had at least one case with the Orange County District Attorney, and a handful of others that were prosecuted by the Anaheim City Attorney. Defendant's family got him into a residential alcohol treatment facility. We were able to coordinate a deal with both prosecuting agencies so that our client would receive "credit for time served" in treatment. Some counts were dismissed and others were given a "terminal disposition" (time served, no probation).
-JS v. KC: We represented an elderly man in a restraining order that his (also elderly) wife had filed against him. After prolonged negotiations, she agreed to dismiss the case entirely and to seek couples' therapy jointly with my client.
-People v. JG: Our client was accused of a laundry list of felony charges, including domestic violence, child endangerment and false imprisonment. By the time we were done, he pled to a misdemeanor with no jail time. I call that a "win".
We're currently fighting some really interesting cases, but I can't comment while they're pending. I hope to share some more good news soon. Stay tuned for future success stories as they become available.
If you or a loved one has questions, call us for a free attorney consultation. (714) 449-3335. Ask for John.
Thanks for reading.
Orange County Criminal Defense Attorney
Tuesday, July 16, 2019
Monday, July 15, 2019
Arrested in Catalina: What to Do Now
Cops on Catalina don't mess around. If you're reading this, you probably learned that the hard way.
Every summer, hundreds of thousands of visitors flock to Catalina to enjoy everything the island has to offer. For many, that includes alcohol. For some, that also includes a night at the Avalon Sheriff's Station. If you were cited or arrested while visiting Catalina Island, this blog is for you.
Our office defends more cases on Catalina every year than any other private attorney or law firm. Only the Public Defender handles more Catalina cases than us.
Catalina court is it's own world, too. Most visiting attorneys are shocked by how "differently" things are done there. Among other peculiarities, the building is only open on alternating Fridays. If you show up on a Thursday, the doors will be locked. Plus, no case files are kept on site -- they're stored in Long Beach. That means the judge probably can't accommodate you if you show up unexpectedly when your case is not scheduled to be heard on the day's calendar. Adding a case onto the court's calendar (to recall a warrant or to request an extension, etc.) can be an ordeal in itself.
The court staff, including judge, prosecutor, recorder and clerk fly out by helicopter from San Pedro for each appearance. The bailiff, defense attorneys and most of the defendants travel by boat from Long Beach. Any sort of inclement weather on either side of the channel can completely foul up everything. Sometimes, the helicopters are flying but the boats aren't running, so the court staff shows up but none of the defendants appear. Sometimes the opposite happens and the judge calls in over the phone. Either way, it doesn't take much to gum up the works.
Despite what the deputy or game warden told you, your case will not be heard in Long Beach. All misdemeanors and infractions arising in and around Catalina are prosecuted on the island. Felonies are filed in Long Beach, though. The most commonly charged crimes on the island are probably drunk in public, DUI, various fishing violations, possession / under the influence of a controlled substance, assault / battery, domestic violence, fighting and shoplifting. As I've previously written on this blog, you can be arrested for DUI on a golf cart.
Another unusual thing about the Catalina Courthouse is their general hostility toward alcohol-related offenses. Every court in every county has its own priorities (as determined by the elected District Attorney for his own political reasons). Some courts are lenient with firearms but harsh on domestic violence, for instance. The Catalina court is exceedingly harsh on offenses like "drunk in public". In most parts of California, a 647(f) arrest means a night in jail and a stern warning. In Catalina, the DA's standard offer for a 1st-time drunk in public charge includes probation, community service, AA meetings, and fines. Jail is even on the table for repeat offenders and exceptional cases.
About half of the defendants in Catalina court are there for some fishing-related offense. Fishing inside a protected area is a big one, along with a million other ticky tacky minor infractions -- some of which carry disproportionate fines. The minimum fine for an abalone violation, for instance, is over $60,000.
The good news in all this is that, for most misdemeanor cases in California, you do not need to personally appear in court. A private attorney like myself can appear in your place for most hearings. I can save you the time and expense of traveling all the way back to Catalina for a series of routine appearances.
If you or a loved one has been cited or arrested while visiting Catalina, call our office for a free attorney consultation. Ask for John. (714) 449-3335.
Catalina Island Lawyer
Every summer, hundreds of thousands of visitors flock to Catalina to enjoy everything the island has to offer. For many, that includes alcohol. For some, that also includes a night at the Avalon Sheriff's Station. If you were cited or arrested while visiting Catalina Island, this blog is for you.
Our office defends more cases on Catalina every year than any other private attorney or law firm. Only the Public Defender handles more Catalina cases than us.
Catalina court is it's own world, too. Most visiting attorneys are shocked by how "differently" things are done there. Among other peculiarities, the building is only open on alternating Fridays. If you show up on a Thursday, the doors will be locked. Plus, no case files are kept on site -- they're stored in Long Beach. That means the judge probably can't accommodate you if you show up unexpectedly when your case is not scheduled to be heard on the day's calendar. Adding a case onto the court's calendar (to recall a warrant or to request an extension, etc.) can be an ordeal in itself.
The court staff, including judge, prosecutor, recorder and clerk fly out by helicopter from San Pedro for each appearance. The bailiff, defense attorneys and most of the defendants travel by boat from Long Beach. Any sort of inclement weather on either side of the channel can completely foul up everything. Sometimes, the helicopters are flying but the boats aren't running, so the court staff shows up but none of the defendants appear. Sometimes the opposite happens and the judge calls in over the phone. Either way, it doesn't take much to gum up the works.
Despite what the deputy or game warden told you, your case will not be heard in Long Beach. All misdemeanors and infractions arising in and around Catalina are prosecuted on the island. Felonies are filed in Long Beach, though. The most commonly charged crimes on the island are probably drunk in public, DUI, various fishing violations, possession / under the influence of a controlled substance, assault / battery, domestic violence, fighting and shoplifting. As I've previously written on this blog, you can be arrested for DUI on a golf cart.
Another unusual thing about the Catalina Courthouse is their general hostility toward alcohol-related offenses. Every court in every county has its own priorities (as determined by the elected District Attorney for his own political reasons). Some courts are lenient with firearms but harsh on domestic violence, for instance. The Catalina court is exceedingly harsh on offenses like "drunk in public". In most parts of California, a 647(f) arrest means a night in jail and a stern warning. In Catalina, the DA's standard offer for a 1st-time drunk in public charge includes probation, community service, AA meetings, and fines. Jail is even on the table for repeat offenders and exceptional cases.
About half of the defendants in Catalina court are there for some fishing-related offense. Fishing inside a protected area is a big one, along with a million other ticky tacky minor infractions -- some of which carry disproportionate fines. The minimum fine for an abalone violation, for instance, is over $60,000.
The good news in all this is that, for most misdemeanor cases in California, you do not need to personally appear in court. A private attorney like myself can appear in your place for most hearings. I can save you the time and expense of traveling all the way back to Catalina for a series of routine appearances.
If you or a loved one has been cited or arrested while visiting Catalina, call our office for a free attorney consultation. Ask for John. (714) 449-3335.
Catalina Island Lawyer
Wednesday, July 10, 2019
The Disneyland Brawl: How OC Politics Will Run the Show
Updated 7/23/19: The OC District Attorney has charged Avery Robinson, 35, with 14 separate criminal charges, including 5 felonies. His sister, Andrea Robinson, was charged with 5 misdemeanor counts of assault / battery. Ms. Robinson's husband, Daman Petrie, was additionally charged with a single misdemeanor count of battery. All charges will be prosecuted by the OCDA.
Legal observers are curious to see how the investigation and prosecution(s) will play out after last weekend's Disneyland Brawl. In case you missed it, take a moment, grab some popcorn, turn up your volume, click the link and watch one family turn Toon Town into "The Slappiest Place on Earth".
Now the real fists are about to fly as the OCDA and the Anaheim City Attorney slug it out over who will have jurisdiction to prosecute. First, a little background:
All felonies in Orange County are prosecuted by the District Attorney's Office. The DA is an elected official. The DA also prosecutes ALMOST all of the misdemeanors arising within the county's borders. As one notable exception, though, the City of Anaheim maintains its own local prosecutor. The Anaheim City Attorney is responsible for prosecuting all misdemeanors that occur within the City of Anaheim.
Since the ACA reports to the Anaheim City Council and the Anaheim City Council effectively reports to Disneyland, the Disney Corporation indirectly operates its own prosecutor's office via the Anaheim City Attorney. This arrangement essentially allows Disney's shareholders to call the shots regarding how / if misdemeanors are prosecuted in the City of Anaheim. It's no wonder that the policies and priorities of the Anaheim City Attorney's Office sometimes seem like they're more intended to promote tourism than to promote justice.
The short version is this: if charges are filed as felonies, the cases will be prosecuted by the Orange County's elected DA. If they're filed as misdemeanors, then the cases will be prosecuted by the Disney Corporation via the Anaheim City Attorney's Office.
The video of Sunday's brawl shows a laundry list of violent offenses, including assault, battery, criminal threats, disturbing the peace, child endangerment, and assault by means likely to induce serious injury. Depending on the relationship of the parties, there might also be a variety of domestic violence-related charges. Some of these charges can potentially be filed as felonies. This is where it gets interesting.
I'm sure that the ACA would love to keep this one in-house. If charges are filed as misdemeanors, then Disneyland can call the shots. By aggressively prosecuting the case, the Disney Corporation could reassure potential tourists that the park is safe. They must be eager to save some face, too. Their security should be humiliated by their complete failure to address the situation in the video. The fight lasts almost 4 minutes and 30 seconds. The fact that a bystander recorded the beginning of the fight also suggests that onlookers had some warning that trouble was about to erupt. Disneyland loves to brag that every inch of their park is covered by cameras, but they sure didn't respond to this melee in a timely manner. At some point, security guards appear to officiate the brawl like Mills Lane, but they don't make any serious effort to intervene.
If the case is really going to be prosecuted aggressively, though, the DA must take the lead. Only the DA can bring the kind of felony charges that might carry serious prison sentences. Of course, the DA might not take their marching orders from Disneyland, though. Anaheim's biggest fear is probably that the DA will claim jurisdiction by filing felony charges. After prolonged plea negotiations, the defendants might eventually accept misdemeanor convictions and the ACA will be left completely out of the loop. It would be ironic if the ACA lobbies the DA to reject felony charges, just so that they can file their own misdemeanor charges and "really play hardball".
Stay tuned to see how this plays out. I expect we should see a press release by the Anaheim PD, the OC DA and / or the Anaheim City Attorney within a day or two.
If you or a loved one has questions for a criminal defense attorney in Orange County, call our office for a free consultation. Ask for John. (714) 449-3335.
Thanks for reading.
Orange County Criminal Defense
Legal observers are curious to see how the investigation and prosecution(s) will play out after last weekend's Disneyland Brawl. In case you missed it, take a moment, grab some popcorn, turn up your volume, click the link and watch one family turn Toon Town into "The Slappiest Place on Earth".
Now the real fists are about to fly as the OCDA and the Anaheim City Attorney slug it out over who will have jurisdiction to prosecute. First, a little background:
All felonies in Orange County are prosecuted by the District Attorney's Office. The DA is an elected official. The DA also prosecutes ALMOST all of the misdemeanors arising within the county's borders. As one notable exception, though, the City of Anaheim maintains its own local prosecutor. The Anaheim City Attorney is responsible for prosecuting all misdemeanors that occur within the City of Anaheim.
Since the ACA reports to the Anaheim City Council and the Anaheim City Council effectively reports to Disneyland, the Disney Corporation indirectly operates its own prosecutor's office via the Anaheim City Attorney. This arrangement essentially allows Disney's shareholders to call the shots regarding how / if misdemeanors are prosecuted in the City of Anaheim. It's no wonder that the policies and priorities of the Anaheim City Attorney's Office sometimes seem like they're more intended to promote tourism than to promote justice.
The short version is this: if charges are filed as felonies, the cases will be prosecuted by the Orange County's elected DA. If they're filed as misdemeanors, then the cases will be prosecuted by the Disney Corporation via the Anaheim City Attorney's Office.
The video of Sunday's brawl shows a laundry list of violent offenses, including assault, battery, criminal threats, disturbing the peace, child endangerment, and assault by means likely to induce serious injury. Depending on the relationship of the parties, there might also be a variety of domestic violence-related charges. Some of these charges can potentially be filed as felonies. This is where it gets interesting.
I'm sure that the ACA would love to keep this one in-house. If charges are filed as misdemeanors, then Disneyland can call the shots. By aggressively prosecuting the case, the Disney Corporation could reassure potential tourists that the park is safe. They must be eager to save some face, too. Their security should be humiliated by their complete failure to address the situation in the video. The fight lasts almost 4 minutes and 30 seconds. The fact that a bystander recorded the beginning of the fight also suggests that onlookers had some warning that trouble was about to erupt. Disneyland loves to brag that every inch of their park is covered by cameras, but they sure didn't respond to this melee in a timely manner. At some point, security guards appear to officiate the brawl like Mills Lane, but they don't make any serious effort to intervene.
If the case is really going to be prosecuted aggressively, though, the DA must take the lead. Only the DA can bring the kind of felony charges that might carry serious prison sentences. Of course, the DA might not take their marching orders from Disneyland, though. Anaheim's biggest fear is probably that the DA will claim jurisdiction by filing felony charges. After prolonged plea negotiations, the defendants might eventually accept misdemeanor convictions and the ACA will be left completely out of the loop. It would be ironic if the ACA lobbies the DA to reject felony charges, just so that they can file their own misdemeanor charges and "really play hardball".
Stay tuned to see how this plays out. I expect we should see a press release by the Anaheim PD, the OC DA and / or the Anaheim City Attorney within a day or two.
If you or a loved one has questions for a criminal defense attorney in Orange County, call our office for a free consultation. Ask for John. (714) 449-3335.
Thanks for reading.
Orange County Criminal Defense
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