San Mateo Criminal Defense Blog | California DUI / DWI Attorney

The pros and cons of increasingly advanced DNA analysis techniques

On behalf of The Law Office of Charles B. Smith posted in justice system on Wednesday, May 15, 2013.

A drop of blood, a flake of skin, a single hair. These tiny human particles all contain enough DNA to be analyzed, cross-checked and linked to or away from individuals accused of committing violent crimes. Increasingly advanced DNA analysis techniques have inspired a wave of television dramas, crime thriller novels and action on the part of civil rights and victims rights advocates.

The truth will set you free, the saying goes. And increasingly advanced DNA analysis techniques have helped to both set innocent persons free from false accusations and wrongful imprisonment. However, there are negative consequences linked to increased reliance on DNA analysis in criminal justice matters.

An introduction to compassionate release

On behalf of The Law Office of Charles B. Smith posted in justice system on Tuesday, April 30, 2013.

Time moves on and unexpected life events occur whether you have been sentenced to significant prison time or live as a free person. This inevitable reality inspired certain provisions in the 1984 Sentencing Reform Act that allow for compassionate release of certain federal inmates under "extraordinary and compelling" circumstances.

When individuals are forced to mount a criminal defense and are ultimately sentenced to significant prison time, their rights are restricted but are not stripped completely. Therefore, when inmates are struck down by terminal illness or other catastrophic life events, their rights may be restored more completely through the compassionate release process.

Effects of marijuana penalties on California's juvenile crime rate

On behalf of The Law Office of Charles B. Smith posted in drug charges on Thursday, February 28, 2013.

Sometimes for crime rates to drop, society must reexamine what offenses should and should not be considered crimes. In 2010, Gov. Schwarzenegger signed a bill making general and underage possession of up to once ounce of marijuana an infraction rather than a crime. The law became effective on January 1, 2011. In the year following that change, rates of juvenile crime in California fell by 20 percent.

Possession of up to one ounce of non-medical marijuana in California now carries the weight of a traffic infraction rather than a misdemeanor. Violators are now charged with $100 fine and the infraction will not appear on their criminal record. Using marijuana may indeed be a poor personal choice. But by recognizing this offense as an infraction, a significant fraction of California teens are being given the chance to avoid ruining some future opportunities by obtaining a criminal record.

Practical implications of Prop 36 passage

On behalf of The Law Office of Charles B. Smith posted in three strikes law on Monday, December 10, 2012.

Eighteen years ago, Californians voted to hold certain criminal offenders to a standard made famous by the Great American Pastime: Three strikes and you're out. However, this formidable and mandatory standard which forced anyone convicted of three felonies to a life in prison resulted in some unbelievably unfair sentences. For example, some non-violent individuals convicted under the three-strikes law had stolen a pair of socks and forged a check valued under $150 for their third strikes.

On Election Day, an overwhelming 68 percent of Californians who voted on the measure acknowledged that such absurd sentencing is bad for those who are convicted of minor crimes and bad for the state. By passing Proposition 36, only third strikers who have committed serious or violent felonies and those who have committed minor felonies but have previously been convicted of rape, murder or child molestation will face mandatory life imprisonment on their third strike.

Sex trafficking law provision blocked by federal judge

On behalf of The Law Office of Charles B. Smith posted in sex offenses on Monday, November 26, 2012.

On Election Day, a majority of California voters supported an initiative which requires sex offenders to inform law enforcement about the email addresses, user names and other information that they use to navigate the Internet. However, a lawsuit is currently challenging the legality of this measure and a federal judge has issued a temporary restraining order on this element of a broader sex trafficking measure.

Most convicted sex offenders are required to adhere to sex offender registration requirements imposed by the state. Their private information is often made available to the public, they may be subject to housing restrictions and they may be required to inform law enforcement about their whereabouts for the remainder of their lives. Sex offender registration requirements are justified as a public safety necessity.

California's prison population is not reducing fast enough

On behalf of The Law Office of Charles B. Smith posted in justice system on Saturday, October 27, 2012.

California prisons are overcrowded, and not just with hardened criminals. People who are accused and convicted of nonviolent charges, white collar crime and less dangerous offenses also end up in prison. This increases the prison population and worsens prison conditions as a result of overcrowding.

Last year, the Supreme Court imposed a limit on the number of state prisoners California is currently allowed to house. It directed state officials to reduce the prison population to 110,000 from the current 140,000. California prison inmates die every six or seven days due to prison conditions. The Court ruled that the conditions in California's prisons are so bad that they are constitute cruel and unusual punishment.

Severity of DUI Penalties in California Should not be Overlooked

On behalf of The Law Office of Charles B. Smith posted in DUI defense on Tuesday, September 4, 2012.

The California legislature is serious about cracking down on drunk driving and recent laws reflect this intention. Anyone caught driving under the influence will face consequences from the California Department of Motor Vehicles in addition to possible court penalties.

DMV Ramifications

If you are arrested for a DUI in California, the officer will send a police report to the DMV. The agency has the power to suspend or revoke your license for a number of reasons, including a DUI arrest. When the DMV exercises its power to restrict your driving privileges, this is called "Administrative Per Se", or APS.

If during the arrest you had a blood-alcohol content of at least 0.08 (the legal limit), your license will be suspended for four months on the first offense. For any subsequent offense within the next ten years, the DMV may suspend your license for one year.

Be Careful Not to Drive While Drugged, Even if the Drug Is Legal

On behalf of The Law Office of Charles B. Smith posted in drug charges on Tuesday, August 14, 2012.

In California and throughout the nation, it is illegal to drive under the influence of a drug. Unfortunately, many people do not understand the consequences of a "drug DUI." Understanding the possible consequences of driving under the influence may help you avoid criminal charges and other undesirable repercussions of getting behind the wheel while medicated at illegal levels or while under the influence of illegal drugs.

Whether the substance is an illegal drug, a legal prescription, or nonprescription medication, driving illegally under the influence of these substances has the potential to do harm to you and to others.

As a general rule of thumb, you shouldn't get behind the wheel if you have taken medicine or other substances that can cause sleepiness, disorientation, impaired judgment or motor skills, reduced reaction time or inattentiveness. Whether the substance is a controlled substance or a legally obtained medication, driving under the influence of either may result in a drug DUI conviction.

California College Student Endures Extreme Isolation After Drug Arrest

On behalf of The Law Office of Charles B. Smith posted in drug charges on Thursday, May 10, 2012.

Over-zealous law enforcement can take many forms. Arresting someone without cause is certainly one of them. But detaining someone and then forgetting for five days that the person was in detention?

It sounds outlandish, but that is what happened recently to a California college student named Daniel Chong.

Federal agents investigating allegations of drug crime picked up Chong for questioning. The Drug Enforcement Agency (DEA) had raided a house where he was spending the night.

Chong was then kept in a holding cell for five days - without food or water and sometimes in nearly complete darkness.

The intense experience of unexpected, utter isolation was psychologically devastating for Daniel Chong, "I didn't stay sane," he told a reporter for NPR. "Eventually, by the second or third night . . I went completely insane and was just trying to get a grip on reality, on what's happening to me."

Chong's emotional condition was so dire that he thought about committing suicide by using his glasses to cut into his arm. He screamed and kicked the door, yet no one came.

Federal Marijuana Raids Put Pressure on California Dispensaries

On behalf of The Law Office of Charles B. Smith posted in drug charges on Tuesday, April 10, 2012.

Tension between the federal government and state or local governments is as old as the American republic itself. The tension is heightened when there is a local perception that federal agents are overreaching their authority.

California marijuana charges are a case in point. Two years ago, California seriously considered legalizing marijuana for recreational use. Though that measure was defeated, interest remains in legalization remains strong.

California law already allows marijuana to be used for medical purposes.

Federal law enforcement officials, however, continue to crack down on the California marijuana community. Last week, federal agents raided Oaksterdam University, a Bay Area school whose founder, Richard Lee, was a key supporter of the 2010 ballot measure seeking to legalize marijuana.

That measure received nearly half of the vote: 46 percent.

The agents blocked off the doors to the school in downtown Oakland and proceeded to remove numerous trash bags. A spokeswoman for the Internal Revenue Service declined to specify the contents of the bas. She said only that the agents were executing a search warrant.

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