Law Office of Adrienne DellLaw Office of Adrienne Dell2024-02-24T18:03:51Zhttps://www.delldefense.com/feed/atom/WordPress/wp-content/uploads/sites/1403586/2021/09/cropped-Favicon-1-32x32.pngOn Behalf of Law Office of Adrienne Dellhttps://www.delldefense.com/?p=470222024-02-24T18:03:51Z2024-02-24T18:03:51ZPolice brutality remains a widespread problem in California
According to recent research, roughly 195 people in California every year lose their lives due to the excessive use of force during encounters with law enforcement professionals. Many more suffer physical injuries, some of which may have permanent implications for an individual's quality of life and employability. There's also the psychological trauma of such incidents to consider.
The unfortunate truth is that some officers let their emotions get the better of them while they are on the job. Some police officers might use too much force because they become frightened for their own safety during an interaction with a member of the public. Others might let their anger take over when someone refuses to follow instructions or talks to them in what they consider a disrespectful manner.
Police brutality in California can sometimes lead to legal action against an individual police officer or a police department. Individuals affected by the misconduct of those working on behalf of the state to enforce the law may be able to secure compensation for the losses they suffered because of that encounter. A successful lawsuit can also prompt reform efforts to change how police officers handle certain situations.
Given the complexities at issue and the consequential nature of an individual’s circumstances, discussing a brutality-related scenario with a skilled legal team is generally the best way to chart an effective way forward in the wake of such harm.
]]>On Behalf of Law Office of Adrienne Dellhttps://www.delldefense.com/?p=470142023-09-21T00:59:28Z2023-09-21T00:59:28ZWhen there is compelling evidence
Police officers can often provide California prosecutors with a variety of different types of evidence after arresting someone for intoxication at the wheel. Often, there will be dashboard camera footage showing someone swerving or otherwise driving unsafely. There could also be body camera footage showing someone's poor performance on a field sobriety test. Police officers often request a chemical test from someone who appears to be under the influence. If the test results indicate that someone is over the per se limit for their blood alcohol concentration (BAC), that chemical evidence will probably play an important role in the state's case.
If the impaired driving arrest occurs after a crash, testimony from the other driver and details about the collision could also play a role in the criminal trial. Provided that officers either have evidence showing someone exceeded the per se limit given the type of license that they have or that they were clearly impaired while at the wheel, an arrest could very well lead to prosecution. Thankfully, someone facing charges can still potentially avoid a conviction.
How can people defend against such charges?
There are actually a number of different ways for those accused of a DUI offense to prevent a conviction. Sometimes, defense attorneys can challenge the legality of a traffic stop or the conduct of police officers at a sobriety checkpoint. Excluding certain evidence from the criminal trial is a common and potentially successful tactic.
Other people may present evidence that will raise questions about the accuracy or validity of the state's claim that they drove while drunk. Medical records or even the maintenance records for the testing unit could help someone raise questions about the accuracy of the evidence and whether they actually violated California's impaired driving laws.
Understanding when the state may prosecute someone for impairment at the wheel and how people respond may benefit those recently arrested on allegations of intoxicated driving. Seeking legal guidance is a good way to obtain this clarity.]]>On Behalf of Law Office of Adrienne Dellhttps://www.delldefense.com/?p=470122023-08-11T01:01:29Z2023-08-11T01:01:29ZA defendant asserting self-defense must have perceived an imminent threat
No one should have to endure violence or criminal actions by another person without having the option of defending themselves. Those in California who, due to previous physical contact or threatening words, truly believe that they are at imminent risk of physical harm can use force to defend themselves. Those who fear for their safety or the safety of others can use an appropriate degree of force to stop the perceived threat.
In fact, California even permits the use of lethal physical force to defend one's person or one's home should someone believe that the threat they face is significant enough to justify such violence. Those attempting to raise a self-defense claim generally need to be able to show that another reasonable person would also feel there was a credible threat in the same situation.
Successful self-defense claims can help someone avoid a criminal conviction and might even lead to the state investigating and prosecuting the other party involved in the incident. Considering every option for defending against depending assault charges can be very important for those who don't want their lives forever limited by one negative interaction.]]>On Behalf of Law Office of Adrienne Dellhttps://www.delldefense.com/?p=470102023-07-03T12:52:49Z2023-07-03T12:52:49ZJuvenile crimes commonly associated with peer pressure
The allure of experimenting with drugs and alcohol can be overpowering for teenagers who are facing peer pressure. Substance abuse may then affect their physical and mental well-being and can lead to other criminal acts, such as possession, distribution or theft in order to sustain their addiction.
Teenagers may also succumb to the temptation of stealing due to peer influence. Shoplifting and theft often occur when individuals feel pressured to obtain material possessions or impress their friends. These acts can have serious legal consequences and significantly impact a young person's future.
While under peer pressure, some teenagers may engage in vandalism or graffiti, defacing public or private property. These destructive behaviors can stem from a desire for recognition or conforming to a group's norms. However, they can result in property damage and legal ramifications.
The impact of socioeconomic factors
While peer pressure plays a significant role in many instances of juvenile wrongdoing, socioeconomic factors also contribute to the susceptibility of teenagers to specific types of juvenile crimes. Financial struggles, lack of educational opportunities and limited access to essential resources can lead to desperation and engagement in illegal activities.
In economically disadvantaged neighborhoods, teenagers may turn to gangs for a sense of belonging, protection or financial stability. Gang involvement can expose young individuals to various criminal activities, including drug trafficking, assault, robbery and murder.
Additionally, with the proliferation of technology and the internet, teenagers are increasingly exposed to the risks of cybercrimes. Economic disparities can make some individuals vulnerable to online exploitation, such as identity theft, hacking or involvement in cyber fraud schemes.
Understanding the factors that make teenagers susceptible to specific juvenile crimes can help a criminal defense attorney and a juvenile defendant’s parents or guardians to better understand how to help them as they’re navigating criminal charges.]]>On Behalf of Law Office of Adrienne Dellhttps://www.delldefense.com/?p=470042023-05-26T16:42:02Z2023-05-26T16:42:02ZMany youthful offenders can ask to seal their records
California does recognize that young adults make mistakes that they might not have made if they were more mature. Therefore, the juvenile justice program focuses a lot on rehabilitation, psychological support and social services to help identify what may have contributed to a young adult's criminal behavior and help them to address those underlying issues. Of course, there will also typically be some degree of criminal penalty assessed as well, ranging from probation to fines and incarceration in a juvenile facility. There will also be a record of their arrest and sentence that could turn up on background checks.
After a juvenile offender secures their release from state custody and fulfilled other court requirements, they can often ask the state to seal their record. Juvenile offenders can file a petition with the courts informing them of both the jurisdiction that saw their case and any other agencies that may have provided services. A judge will review the petition and may grant it almost immediately in some cases, sending notice of record ceiling to the individual. Other times they may require a hearing. Even if there will be a hearing, the juvenile offender does not always need to attend if there is no one contesting the sealing of their records.
When a young adult is hoping to move on from a youthful mistake and is ready to seal their records, they may need to have a conversation with a criminal defense attorney who is familiar with juvenile justice and California redemption laws. Sealing a juvenile offense record can help a young adult move on after a conviction, but fighting juvenile charges proactively is often the best option for those hoping to minimize the consequences of a single youthful mistake.]]>On Behalf of Law Office of Adrienne Dellhttps://www.delldefense.com/?p=470022023-04-17T15:41:04Z2023-04-17T15:41:04ZSimple assault
Simple assault means that no aggravating circumstances are playing a role in the criminal case in question. Physical contact is not required for someone to be charged with assault. Under the California Penal Code, an attempt to cause injury is an assault. Simply making a credible threat or putting forward an effort to harm someone else can be classified as a simple assault, even if that person was not injured by the conduct of the accused.
Battery
Likewise, it’s important to note that battery is different than assault. A battery charge indicates that physical contact did happen and violence was used. People often think of assault and battery as the same thing, but they are not. A person could certainly be charged with assault without actually committing battery, but the moment that an altercation turns physical, they can then face battery charges.
Aggravated assault
Aggravating factors need to be considered to determine whether an assault was more serious than a simple assault. An example of an aggravated assault occurs if someone uses a deadly weapon or is trying to commit a related felony at the time of the offense. An aggravated assault is much more serious than a simple assault.
What are the potential ramifications?
For a simple assault, a conviction could result in a sentence consisting of up to six months in jail, probation, and a fine of $1,000. For battery, the jail term is the same, but the fine could be a maximum of $2,000. If a felony has been committed, then the person could face as long as three years in prison, and the fine could be anywhere from $2,000 to $10,000.
No matter what you’ve been charged with, it’s important to understand the intricacies of the law and the potential ramifications you face. Be sure you know exactly what legal defense options you have by speaking with a legal professional as soon as you can after being charged with wrongdoing so that you can make informed choices about your legal options.
]]>On Behalf of Law Office of Adrienne Dellhttps://www.delldefense.com/?p=470002023-04-13T03:02:38Z2023-04-13T03:02:38ZWhat's happening with youth prisons in California
The move, which was termed a "realignment" of approach and priorities, was detailed under state Senate Bill 823. It calls for the closure of all state-run juvenile facilities throughout California in favor of community-based initiatives to address the causes of youth crime.
Juvenile defense attorneys and communities activists alike praised the new bill. However, the proposed solutions as they've been implemented seem to be leaving out the community portion of the initiative.
The implications of juvenile prison closings
The legislation was meant to put an end to juvenile imprisonment. As part of the program, a halt was called to new youth incarceration in state facilities by mid-2021. The remainder of the facilities were slated for closure by July 1, 2023. The small percentage of youths still incarcerated have been moved to facilities closer to their families.
However, some concerns have arisen about how these reforms are being handled. Community activists worry that some youth offenders will become subject to a shadow system of justice that's outside of government oversight. Local officials are concerned that the move is less about saving children and more about saving money by shifting the financial burden to city and county governments rather than the state.
Reducing juvenile incarceration in favor of community-based rehabilitation programs could provide a way for young people who have been convicted of a crime to turn their lives around.]]>On Behalf of Law Office of Adrienne Dellhttps://www.delldefense.com/?p=469982023-04-06T13:36:59Z2023-04-06T13:36:59ZWhat is assault in California?
California defines assault as the attempt to cause violent injury to another person. The person accused of assault will also need to have the ability to harm the other party. Unlike in some states where online threats constitute assault, there needs to be the immediate potential of physical harm for the state to qualify the situation as assault. Both words and actions intended to put someone in fear for their safety might lead to allegations of assault.
What is battery in California?
Battery is the actual physical violence enacted against another person. Someone who attempts to strike a worker at a sports bar but is unable to do so because staff members restrain them would face assault charges, while someone who actually punched another person would face battery charges. Battery can also involve the use of physical contact to offend another person.
Often, simple assault and battery offenses will be misdemeanor crimes. Someone accused of a misdemeanor assault offense could spend up to six months in state facilities and pay up to $1,000 in fines. The penalties for misdemeanor battery include up to $2,000 in fines and six months in county jail. However, California law does increase the severity of the charges and the possible penalties if battery results in severe injury, targets certain protected parties or involves a potentially deadly weapon.
Those who have been accused of assault and battery may have multiple viable defense strategies available to them, ranging from making a claim that they acted in self-defense to proving that they are the victim in a case of mistaken identity. Understanding the different terms used by the state to describe violent criminal offenses can help a defendant focus on the most viable defense strategy given their circumstances. A legal professional can help to bring much-needed clarity to a situation in which someone has been charged with assault, battery or both.]]>On Behalf of Law Office of Adrienne Dellhttps://www.delldefense.com/?p=469942023-03-13T22:35:23Z2023-03-13T22:35:23ZSecond look laws
Criminal justice advocacy groups have been calling on lawmakers to pass what are known as second look laws for decades, but their calls went unanswered until Washington, D.C., became the first jurisdiction in the United States to pass such a law. The law was passed in 2017 and expanded in 2021. Florida, Oregon, Delaware, Washington and Michigan soon followed the example set by the nation’s capital, and California put a second look law on its books in October 2018 when then-Gov. Jerry Brown signed Assembly Bill 2942. Sentencing reform was an especially pressing need in California because the Golden State has the highest prison population in the country and the most prisoners serving life sentences.
The interests of justice
Prisoners seeking release who were convicted of committing violent offenses when they were minors still face many challenges even in parts of the country that have passed second look laws. They have to convince a judge that they no longer pose a threat to society and releasing them would serve the interests of justice. Second look laws are supported by advocacy groups and juvenile defense attorneys, but they are strongly opposed by prosecutors. When lawmakers in the nation’s capital were considering the country’s first second look law, prosecutors issued a press release claiming that its passage would make more than 500 violent criminals immediately eligible for release.
Hyperbole and compassion
It comes as no surprise that second look efforts are greeted with hyperbole by prosecutors seeking to court favor by exaggerating the threat posed by people who have spent decades in prison for mistakes they made when they were children. Fortunately, lawmakers, judges and society as a whole appear to be taking a more compassionate approach.]]>On Behalf of Law Office of Adrienne Dellhttps://www.delldefense.com/?p=469792023-02-11T00:49:58Z2023-02-11T00:49:58ZFailing to meet standards
Juvenile law recognizes that young people have unique developmental needs and require different treatment than adult offenders. Unfortunately, many juvenile prisons fail to meet these standards and instead rely on a punitive model that prioritizes punishment over rehabilitation. This approach has resulted in harmful and ineffective outcomes for young people, including increased recidivism, decreased educational attainment and negative impacts on their mental and emotional well-being.
Alternate forms of detention
Efforts to address these issues and improve the state of juvenile prisons have been underway for many years. Reform-minded legislators and advocates have worked to reduce the number of incarcerated juveniles and increase access to community-based programs and services.
In some states, alternative forms of detention, such as home-based supervision, have been successfully implemented. Additionally, many juvenile prisons have begun to offer evidence-based programs, such as trauma-informed care, that address the underlying causes of juvenile crime and promote positive youth development.
Challenging work ahead
Despite these efforts, much work remains to comprehensively reform the juvenile justice system and improve the state of juvenile prisons. This will require a sustained commitment from policymakers, practitioners and the public to invest in evidence-based programs and support community-based solutions that prioritize the needs and well-being of young people.
Moving forward, it is important to continue challenging the status quo and push for systemic change in the juvenile justice system. This may involve rethinking our approach to juvenile crime and punishment, increasing investment in community-based programs and services and advocating for policies that prioritize rehabilitation and positive youth development. In this way, California can create a more equitable and effective juvenile justice system that truly serves the best interests of young people.]]>