Posts

The Benefit of Hiring a Respected, Local Attorney

In communities such as Bakersfield, many people who are faced with the need to hire a criminal defense attorney mistakenly believe that retaining a “Big City” attorney from Los Angeles gives them a better chance at successfully defending themselves.  Unfortunately, often times this could not be further from the truth.  As a case in point, consider the circumstances of Mike R., a resident of Los Angeles who was stopped in Kern County on his way to the Bay Area.  After being pulled over for DUI, Mike was also found to be in possession of Ecstasy.  He was arrested and charged with Transportation of a Controlled Substance (Health & Safety Code section 11379) and DUI (Vehicle Code section 23152) among other charges.  Due to the fact that he had a Strike Prior and had been sentenced to prison within the past five years, he was facing a potential sentence of 9 years in state prison.  Initially, Mike was represented by an attorney from Los Angeles.  That attorney represented him through the preliminary hearing stage, but in an effort to settle the case before trial, was only able to obtain an offer from the Kern County District Attorney’s Office of 4 years in prison.  Realizing that a local attorney may benefit him, Mike retained the Law Office of Joel E. Lueck and today was placed on probation and sentenced to 6 MONTHS in county jail.

The point is that although every county is bound by the laws of the State of California, each county interprets and applies those laws differently.  Having an attorney who practices in the community and has a proven track record of success is what those charged with crimes should look for, rather than falling prey to the mistaken belief that an attorney from Los Angeles is their best option simply based upon the location of their office.

Man Acquitted by Jury, Still Sentenced to 15 Years

The South Florida Sun Sentinel is reporting that a man acquitted in two separate jury trials of fondling pre-teen girls has been sentenced to fifteen years in prison based upon the same evidence which amounted to a violation of his probation. The case underscores the very real possibility of being sentenced on a probation violation despite being found not guilty of the same conduct by a jury. The legal basis for such an outcome lies in the different standards of proof applied to jury trials versus that applied to hearings on violations of probation. While the standard of proof in a jury trial is “proof beyond a reasonable doubt,” in order to be found in violation of probation, in Florida, as in California, the prosecution bears the much lower standard of proof known as “preponderance of the evidence.” Additionally, whereas convictions on new law violations generally are determined by a jury, violations of probation (even if based upon the same evidence) are decided by a judge.  In essence, while a jury may acquit a defendant based upon a failure of the prosecution to meet the higher standard of proof, a judge considering the same evidence may still nonetheless conclude that the lower standard of proof has been met and thus sentence a defendant based upon a violation of his pre-existing probation.

Reckless Response to Service Call vs. Reckless Evasion of Officer

The Bakersfield Californian is reporting that the recent accident involving a Kern County Sheriff’s Deputy and two pedestrians (which resulted in the deaths of those pedestrians) was a result of the officer responding to a report of a stolen vehicle. Whether or not the officer’s siren and emergency lights were activated at the time of the accident is still unknown (to the public). The story is tragic in every respect and one can only hope that Sheriff Donny Youngblood is sincere when he says the department as a whole is deeply saddened by the deaths. Unfortunately, this evokes memories of similar incidents in which innocent pedestrians have been killed during police pursuits of fleeing criminal suspects. Understandably, the public outrage directed to the defendants in those cases was harsh, as was the response of both law enforcement and the District Attorney’s Office in their prosecution of the defendants. At this point, given the public comments posted in relation to the story, it appears that at least the public is concerned about the prudence (or lack thereof) of the officer’s actions. One can hope that that level of concern is mirrored within the District Attorney’s Office once the investigation is complete and the case is submitted for a determination of whether or not to file criminal charges.