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  • California Compassionate Release

    Posted Feb 17th, 2014 By in Prisons, realignment With | Comments Off on California Compassionate Release

    In California, law may grant a terminally inmate the chance to be reunited with loved ones outside of prison walls.  If granted, inmates have a short time to spend with them.  The compassionate release program may sound good on paper, but in practice it has been fraught with inconsistencies.  Sadly, many requests are denied or inmates die before a decision is even made.

    The Associated Press reports:

    “The investigator’s office found that in a study of 206 such requests from 2006 through 2011, the director of federal prisons approved 142 releases and denied 36. In 28 cases, the inmates died before a decision was made.”

    The prison bureau’s compassionate release program “is poorly managed” and its implementation “has likely resulted in potentially eligible inmates not being considered for release,” the IG concluded.

    The report made 11 recommendations for fixing the program’s problems, and because of the cost of keeping seriously ill prisoners in custody, concluded that “an effectively managed compassionate release program would result in cost savings … as well as assist the [bureau] in managing its continually growing inmate population.”

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  • Could You Be Committing a Cybercrime?

    Posted Feb 11th, 2014 By in Criminal Law With | Comments Off on Could You Be Committing a Cybercrime?
    Cybercrime

    Photo by Berishafjolla

    Cybercrime is a violation of law that occurs online or on a computer. Although this is a newer division of law, it is still a serious offense in California. A large portion of law enforcement activity has been dedicated to investigating cybercrime, so it is important to stay informed on new laws and possible consequences. Below are a few of the offenses that could be considered a cybercrime:

    (1) Knowingly accesses and without permission alters, damages, deletes, destroys, or otherwise uses any data, computer, computer system, or computer network in order to either (A) devise or execute any scheme or artifice to defraud, deceive, or extort, or (B) wrongfully control or obtain money, property, or data.
    (2) Knowingly accesses and without permission takes, copies, or makes use of any data from a computer, computer system, or computer network, or takes or copies any supporting documentation, whether existing or residing internal or external to a computer, computer system, or computer network.
    (3) Knowingly and without permission uses or causes to be used computer services.
    (4) Knowingly accesses and without permission adds, alters, damages, deletes, or destroys any data, computer software, or computer programs which reside or exist internal or external to a computer, computer system, or computer network.
    (5) Knowingly and without permission disrupts or causes the disruption of computer services or denies or causes the denial of computer services to an authorized user of a computer, computer system, or computer network.

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    If you or a loved one could be facing a cybercrime charge, contact Attorney Jake Brower to book a free consultation.

  • Know Your Rights During the Employment Process

    Posted Feb 7th, 2014 By in Background Checks With | Comments Off on Know Your Rights During the Employment Process
    Photo by thetaxhaven

    Photo by thetaxhaven

    A new bill that took effect on January 1, 2014 limits what California employers may ask job applicants.  The bill is an amendment to the 432.7 of the Labor Code and expands privacy and protection rights for ex-offenders.  The main highlight of the amendment prohibits employers to request an applicant to disclose previous arrest or detention for which they were not convicted. An excerpt of the full text is below:

    (a) No employer, whether a public agency or private individual or corporation, shall ask an applicant for employment to disclose, through any written form or verbally, information concerning an arrest or detention that did not result in conviction, or information concerning a referral to, and participation in, any pretrial or post trial diversion program, or concerning a conviction that has been judicially dismissed or ordered sealed pursuant to law, including, but not limited to, Sections 1203.4, 1203.4a, 1203.45, and 1210.1 of the Penal Code, nor shall any employer seek from any source whatsoever, or utilize, as a factor in determining any condition of employment including hiring, promotion, termination, or any apprenticeship training program or any other training program leading to employment, any record of arrest or detention that did not result in conviction, or any record regarding a referral to, and participation in, any pretrial or posttrial diversion program, or concerning a conviction that has been judicially dismissed or ordered sealed pursuant to law, including, but not limited to, Sections 1203.4, 1203.4a, 1203.45, and 1210.1 of the Penal Code.

    As used in this section, a conviction shall include a plea, verdict, or finding of guilt regardless of whether sentence is imposed by the court. Nothing in this section shall prevent an employer from asking an employee or applicant for employment about an arrest for which the employee or applicant is out on bail or on his or her own recognizance pending trial.

    (b) Nothing in this section shall prohibit the disclosure of the information authorized for release under Sections 13203 and 13300 of the Penal Code, to a government agency employing a peace officer. However, the employer shall not determine any condition of employment other than paid administrative leave based solely on an arrest report. The information contained in an arrest report may be used as the starting point for an independent, internal investigation of a peace officer in accordance with Chapter 9.7 (commencing with Section 3300) of Division 4 of Title 1 of the Government Code.

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  • Some Clarity on the “Three Strikes Law”

    Posted Jan 31st, 2014 By in Criminal Law With | Comments Off on Some Clarity on the “Three Strikes Law”

    legal

    In late 2012, Proposition 36 aka the “3 Strikes Law” was amended to allow inmates that had received tough sentences for minor crimes to ask for a shorter, more reasonable term.  There has been some confusion around the law, which is why you should seek legal consultation if you or someone you know is facing a third time conviction.

    A California appeals court panel decision Tuesday provides some clarity on resentencing rules for three-strikes inmates serving life in prison for armed offenses.

    Three judges in the 4th appellate district ruled that three-strikers serving life for firearms possession cannot ask for shorter prison terms under Proposition 36, the 2012 initiative that softened the state’s tough sentencing law, the Los Angeles Times reported (http://lat.ms/1gqmk0A).

    California judges have been handing down conflicting decisions in such cases.

    Proposition 36 allowed most inmates serving life terms for relatively minor third strikes to ask courts for shorter terms. The measure excluded inmates who carried a firearm or deadly weapon during the commission of their last crime.

    Lawyers representing inmates with gun-possession third strikes argued that courts should accept their resentencing requests and reduce terms for those who do not pose an unreasonable risk of danger to public safety.

    The judges concluded that third-strikers are disqualified from seeking shorter sentences if they were armed but left open the door for prisoners who did not have ready access to a gun at the time they were legally in possession of a firearm, the Times said.

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Jake Brower Criminal Defense Attorney, DUI Lawyer, Felony Arrests, 3-Strike Cases, Criminal Law, Drunk Driving Lawyer, Los Angeles, Orange, Anaheim, Corona del Mar, Costa Mesa, Irvine, Huntington Beach, Long Beach, Mission Viejo, Aliso Viejo, Lake Forest, Rancho Santa Margarita,Santa Ana, Newport Beach, Newport Coast, Laguna Beach, Laguna Niguel, Riverside, San Diego, Ventura, Beverly Hills, Hollywood,Oceanside, San Clemente, Carlsbad, Dana Point, Seal Beach, Long Beach, 1043 Civic Center Drive West, #200, Santa Ana CA 92703