California criminal defense attorney

May 18, 2016

California Judge Orders Jetblue Attendant Held Without Bail on Cocaine Charges

A federal judge in California, U.S. District Judge Andre Birotte, recently overruled a Brooklyn magistrate judge and ordered a flight attendant held without bail after she allegedly dumped a bag of cocaine and fled authorities at Los Angeles International Airport. This decision came after the judge in Brooklyn had set defendant Marsha Reynolds’ bail at $500,000. This means Reynolds must now remain in custody in New York until she is transported to California to face her drug trafficking charges.

Reynolds, a JetBlue Airways Corp employee, is accused of dropping a 70lb bag of cocaine when she was randomly selected for screening at LAX – taking off her heels and running away. Eyewitnesses said she had gotten nervous when she was selected and then made a phone call in a foreign language. LAX police soon found 11 packages of cocaine wrapped in cellophane inside one of the bags Reynolds left behind. The drugs are worth about $3 million.

Reynolds later turned herself in to authorities in New York. She was able to board a flight the next day to New York just by wearing her airline tag with her real name on it. This is because flight crews are subject to special security permissions, although they are still subject to random bag checks. In an embarrassing illustration of security breakdown, communication lapses, bureaucratic protocols, and special security privileges afforded to airline employees have contributed to Reynolds’ escaping law enforcement until she surrendered herself four days later at Kennedy Airport in New York.

When Can You Be Held Without Bail?

“Bail” is known as the amount of money you must post in order to be released from jail. Typically, when arrested, those who are being detained have the right to see a bail commissioner within 24 hours to either be given the chance to post bail, or be released out of one’s own recognizance, or his promise to appear in court. In determining bail, a judge or police officer will consider the seriousness of the charges against you, whether you have prior convictions or a record, or whether you pose a flight risk or public threat.

The Bail Reform Act of 1984 allows federal courts to deny bail to a defendant who presents a danger to any person or the community or poses a flight risk (also known as pretrial detention). Under the act, crimes of violence, murder, and drug offenses where the penalty is 10 years imprisonment or more, presume a defendant is dangerous, and able to be held without bail. Continue reading

February 24, 2016

Legal Experts Say Governor Brown’s Parole Plan Would Lessen Plea-Bargain Power

by David M. Boertje

This past year, California has been no stranger to criminal justice reforms as a means to lower the state’s prison population. In addition to the 807 bills signed into law set to take place in 2016, Governor Jerry Brown (D- CA) has introduced another state ballot initiative which aims to free certain felons earlier and have fewer juveniles tried as adults. Under Brown’s new proposal, those who have been convicted of nonviolent crimes, including non-violent felons, would be allowed to seek a parole hearing if they have completed their base enhancements, even for those with gang enhancements or firearms possessions.

Additionally, the proposal requires that judges instead of prosecutors, would have to decide whether juveniles can be tried as adults. Currently, California is one of 15 states which allow prosecutors to make the decision.

Legal experts say that the current proposal as it stands would weaken prosecutor’s plea-bargain power. Specifically, by permitting early release for someone with consecutive sentences or enhancements, prosecutors would lose some power in the negotiation of pleas with defendant. Approximately 95% of criminal cases in California are resolved by plea bargains.

Currently, it is estimated that 20,000 out of California’s 127,000 inmates are currently serving time for drug or property crimes would be candidates for earlier release under this new proposal. The proposal is expected to make about 7,000 inmates immediately eligible for parole hearings, though officials said about 5,700 of those are already eligible under an existing federal court order. Brown said the proposals build on federal court orders requiring California to reduce its prison population. If California voters approve it in November, this new proposal will be signed into law.

The Parole Process in California

In California, parole only applies to felony cases where one is sent to state prison. Those who have served a certain percentage of their sentence and have a good record in prison will become eligible for a parole hearing. Once eligible, you must make your case to the California parole board, which is comprised of at least one commissioner deputy commissioner from the Board of Parole Hearings. At the hearing, they will examine your prior history, offenses, disciplinary record in prison, and applicable rehabilitation programs you have committed, to and psychological/risk assessments. The California Penal Code requires the Board to set a release date for an inmate unless s/he currently poses an unreasonable risk of danger to the public. The governor is allowed to override a parole board and block early release. Continue reading

March 16, 2015

The Police Want Me to Voluntarily Go Down to the Station to “Answer Some Questions.” What Do I Do?

by David M. Boertje

Imagine that you are about to sit down with your family for dinner, and somebody knocks on the door. It is the police, and they were hoping you would go down to the station to “answer” some questions about a homicide next door. You think nothing of it, because you are just trying to be a good member of the community by giving as much information as you can, as to any noise or suspicious activity you may have seen. Scenarios like this play out daily. Sometimes there is a genuine need for help in a case, and sometimes it is a ploy to coerce a confession. Police often ask people for voluntary statements for various matters- sometimes one is a “person of interest” in a crime, or simply an eyewitness to an event or a crime.

In the case of ‘persons of interest,’ one should never voluntarily go down to the police station, because anything you say may be used against you, or to charge you. While you may think that because you are innocent and that you should go down to the station to ‘clear your name,’ keep in mind that the reason police ask persons of interests or people they suspect to voluntarily go to the station is because they do not have enough information to arrest them, take them into custody, or to charge them, and they are trying to get more information in order to do so. In order for the police to charge you with a crime, they must have probable cause, which is defined as the reasonable belief based on the facts articulated, that you have committed the crime. Do not give them this probable cause. If you are requested to go down to the station, respectfully decline and inform them that you want to speak to an attorney first.

At the Station