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  • GPS Tracking of Offenders Effectiveness Under Scrutiny

    Posted Jul 9th, 2014 By in Probation With | Comments Off on GPS Tracking of Offenders Effectiveness Under Scrutiny Ankle_monitor_(3767974058) (1)

     

    Federal probation officials responsible for monitoring convicts on probation with GPS tracking devices are under scrutiny from the House Oversight and Government Reform Committee after two offenders with the devices were charged with murder. The effectiveness of GPS tracking has been put into question before, but now it is with a new intensity.

    At the request of U.S. Rep. Darrell Issa, R-Vista, the House Oversight and Government Reform Committee will begin tracking efforts by federal probation to upgrade GPS technology and expand its ability to detect crime.

    Issa, the committee’s chairman, wants to ensure that federal probation follows through on recommendations to improve offender supervision and address “the lapse that occurred” in the Orange County case, spokesman Frederick Hill said.

    Though two Orange County men were prohibited from being together and wore GPS devices, officials say they routinely met without facing serious consequences. Their federal probation supervisors were unaware of the close relationship and never tried comparing their GPS data.

    But after local police charged the men with slaying four women, federal probation’s inability to detect the gatherings fell into the public spotlight. As investigations were launched, state and federal lawmakers questioned whether sex offender supervision was adequate.

    “It was not recognized at an early enough point that this individual had engaged in problematic and a continuing pattern of behavior that was inconsistent with the terms of his (probation),” Hill said.

    In a May report reviewing the case, probation officials recommended that the federal court system examine changes “to facilitate easier identification of two or more offenders associating while on GPS monitoring.” Hill said the House committee will be monitoring this effort.

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    Photo by Logan

  • What To Expect If You Are Arrested For DUI Or DWI In California

    Posted Jul 1st, 2014 By in Criminal Law, DUI With | Comments Off on What To Expect If You Are Arrested For DUI Or DWI In California

    Being pulled over and arrested for a DUI can be an unsettling and scary experience. Even worse, it can hold some serious consequences especially if it is not your first offense. If you are facing a DUI or DWI offense, contact our offices for a legal consultation.

    Per California’s driving under the influence (DUI) laws, it’s illegal to operate a motor vehicle with any of the following blood alcohol content (BAC) percentages:

    • 0.08% or higher―21 years old or older operating a regular passenger vehicle.
    • 0.04% or higher―operating a commercial vehicle.
    • 0.01% or higher―younger than 21 years old.

    The state’s DUI laws include medications, too. You can’t legally drive if you’ve consumed illegal drugs or:

    • Excessive amounts of drugs with alcohol in them (such as cough syrup).
    • Prescription medication.
    • Over-the-counter medication.

    DUI convictions stay on your driving record for 10 years.

    Understand Your DUI Penalties

    Not all DUI penalties or charges are the same. Depending on your age, license type, and any previous convictions, you could face:

    • License suspension.
    • Fines.
    • Jail time or community service.
    • DUI school.
    • Installation of an ignition interlock device (IID).
    • SR-22 filing.

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  • California Prisons Under Investigation After Illegal Sterilization Reports Surface

    Posted Jun 23rd, 2014 By in Prisons With | Comments Off on California Prisons Under Investigation After Illegal Sterilization Reports Surface

    Recently the California state auditor released disheartening findings of a prison audit-dozens of female inmates were reportedly sterilized without documented consent.  One questions how such a tragic oversight can exist in the corrections system. Now the prison system is under further investigation and some lawmakers are calling for laws and reform to prevent this from happening in the future.

    Among the 144 cases, 39 sterilizations were performed without the inmate’s lawful consent. In another 27 cases, the inmate’s physician did not sign the form that confirmed two key components of consent: first, that the patient was mentally competent and understood the lasting effects of the procedure, and second, that the required waiting period had been satisfied.

    State law requires that at least 30 days and no more then 180 days must pass between the inmate signing over their consent and undergoing the procedure. In some cases, this waiting-period window was not observed properly, Fernández said. One sterilization took place 196 days after consent was given.

    The auditor called on the Medical Board of California to investigate the 39 cases in which consent was not obtained, and asked the California Department of Health to investigate physician and hospital practices. The move comes after the Center for Investigative Reporting broke a story that reported over a hundred cases of unlawful sterilization.

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  • Possible Consequences of Restraining Order Violation

    Posted Jun 18th, 2014 By in Criminal Law With | Comments Off on Possible Consequences of Restraining Order Violation

    A restraining order is a court ordered document that limits the contact between a protected person from another person or location. In California there are 4 different types of restraining orders:

    • Domestic Violence Restraining Order
    • Elder or Dependent Adult Abuse Restraining Order
    • Civil Harassment Restraining Order
    • Workplace Violence Restraining Order

    Violating any of them can result in criminal charges. If you are accused of a restraining order violation, our law offices can work with you to build a defense strategy.

    For the person to be restrained, having a restraining order against him or her can have very serious consequences:

    • He or she will not be able to go to certain places or to do certain things.
    • He or she might have to move out of his or her home.
    • It may affect his or her ability to see his or her children.
    • He or she will generally not be able to own a gun. (And he or she will have to turn in or sell any guns they have now and not be able to buy a gun while the restraining order is in effect.)
    • It may affect his or her immigration status if he or she is trying to get a green card or a visa.

    If the restrained person violates (breaks) the restraining order, he or she may go to jail, or pay a fine, or both.

    Repeat offenders can be sentenced with up to 3 years in jail. For more information on restraining order defense view our video here.

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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