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February 12, 2016

Chipotle is Subpoenaed in Criminal Inquiry Over Norovirus Outbreak

A Chipotle restaurant chain in California has been served with a grand jury subpoena as part of a criminal investigation of a norovirus outbreak. The subpoena was granted by the U.S. attorney’s office for the Central District of California in an inquiry the office is conducting with the Food and Drug Administration’s Office of Criminal Investigations. It seeks a broad range of documents which has not been specified to the public.

Back in August 2015, two hundred and seven people, including 18 Chipotle employees, reported falling ill after eating at one of Chipotle’s restaurants in Simi Valley, California. Restaurants in that area typically contact the Ventura County Environmental Health Division as soon as they become aware of food-borne illnesses, but in this case Chipotle did not notify the agency until the restaurant had been closed down, cleaned, and re-opened. While it does not appear that the California outbreak spread beyond one restaurant, it is unusual for federal enforcement to occur for localized outbreaks.

In recent months, the burrito chain has suffered a series of food-related illnesses amongst customers and employees. Chipotle voluntarily closed 43 restaurants in Washington State and Oregon due to an E. coli outbreak, and another norovirus outbreak occurred in Boston, Massachusetts in December.

February 5, 2016

New Year’s Round Up: The Criminal Law Changes That Will Take Place in 2016

by David M. Boertje

With the New year just starting, a lot of new criminal laws will be effective that may affect you. There have been 807 bills signed into law set to take place in the new year, affecting everything from gun ownership, new regulations on medical marijuana, and health insurance. This blog aims to give you the run-down of the most important laws that may affect you.

Medical Marijuana

In August 2015, Governor Jerry Brown signed into law a measure which would allow steep civil fines for marijuana farms that damage the environment by dumping wastewater and chemicals, removing trees, and killing wild animals. It was meant to target illegally operating marijuana farms which are damaging the state’s watershed system in the midst of a historic mega drought.

December 2, 2015

What is a Record Expungement?

by David M. Boertje

Expungment can be generally defined as the process of destroying, sealing, or striking out records or information related to criminal charges that affect one’s criminal record. In effect, if you have a criminal record expunged, it is as if it never happened. This means you will no longer have a criminal record and you will have the freedom to not disclose a prior criminal conviction on a job or housing application. There are different kinds of expungements, which will vary depending on the kind of criminal case that you have and the factors that are involved.

Do I Qualify for an Expungement?

California state law (CA Penal Code § 1203.4) allows one to expunge his or her criminal records for a misdemeanor or felony offense if s/he has successfully completed probation, is not currently charged with a criminal offense, on probation for another offense, or serving a sentence.

November 11, 2015

Gov. Brown Signs Legislation to Protect Minorities

by David M. Boertje

In an attempt to address the ongoing trend of police misconduct and institutional bias, California Governor Jerry Brown signed legislation last week mandating that California law enforcement agencies collect and make public data on the racial makeup of all those encountered by police. A.B. 953, was written by Assemblywoman Shirley Weber (D-San Diego) as a response to fatal police shootings of unarmed black men and other people of color. A 2008 study of LAPD data by a Yale researcher found blacks and Latinos were subjected to stops, frisks, searches, and arrests at significantly higher rates than whites, regardless of whether they lived in high-crime neighborhoods.

What A.B. 953 Does

A.B. 953 will amend Sections 13012 and 13519.4 of the California Penal Code. Under the new law, California police must collect data on the people they stop, including perceived race and ethnicity, the reason for the encounter, and the outcome. The state attorney general’s office will determine how the reporting is done and how the data are stored. In addition, police agencies whose officers wear cameras will have to follow rules on storing and using the video so it is not mishandled. The regulations dictate how long video should be kept and how supervisors should use it in investigations.

July 16, 2015

6 Young Suspects Arrested in Chula Vista for Crime Spree; 1 Still at Large

by David M. Boertje

The SDPD has arrested 6 young suspects ranging from age 18 to 20 allegedly involved in a crime spree throughout Chula Vista that included an attempted homicide, criminal conspiracy, mayhem, home burglaries and stealing from middle school students on the streets on the weekend of June 20.

A 5th and 6th suspect, both 17-year-old Chula Vista residents, was also taken into custody and booked into juvenile hall for attempted homicide and robbery. However, the San Diego District Attorney’s office is considering charging them as adults as one of them turns 18 this month. What is more bizarre in this story is that the SDPD is looking for a 7th suspect in this group. He is wanted on charges of attempted homicide and robbery and at large. The CVPD believes there are more victims out there who have been assaulted or robbed by this group of suspects.

Robbery Charges in California

This story is bizarre, but here is a basic breakdown of all the potential charges this group faces:

Assault- is defined as the “application of force” that is harmful to someone. It is a misdemeanor punishable by up to 6 months in jail and a fine of $1,000. This charge is typically brought in addition to charges of battery, or assault with a deadly weapon, which is punishable by a felony of up to 4 years in jail.
Robbery- is defined as the act of taking someone else’s property by force or fear. A 1st degree robbery conviction is punishable by 3-6 years in California state prison and a $10,000 fine. If there are multiple victims as there are in this case, you will be charged with a different count of robbery for each victim. Additionally, there are sentencing enhancements in California depending on whether the robbery was committed with a gun, or whether the victim suffered great bodily injury. This crime also qualifies for California’s 3 Strikes Law.
Theft (also called larceny)- is defined as the act of permanently withholding a property owner’s right to property. California distinguishes between petty theft and grand theft.
Mayhem- is defined in the California Penal Code as the act of unlawfully disabling/disfiguring, or cutting off the limbs/body parts of a victim. It is a felony punishable by 2-8 years in prison and a fine of $10,000.
Criminal Conspiracy– exists when two or more people agree to commit almost any unlawful act. It is punishable by up to 16 months to 3 years in state prison.
Attempted murder- is defined as trying to kill someone. It is a felony, but comes with a sentencing enhancement when committed as part of a criminal gang or with a gun. These sentencing enhancements add a minimum of 10-15 years to your sentence.