Devina Douglas, Attorney at Law (707) 408-3529
  • Home
  • Profile
  • Practice Areas
    • DUI
    • Assault Crimes
    • Theft Crimes
    • Domestic Violence
    • Drug Crimes
    • Sex Crimes
    • Homicide
    • Restraining Order-related >
      • Domestic Violence Restraining Orders
      • Other Types of Protective Orders
      • If You Are Served With A Protective Order
      • Resources for Victims of Domestic Violence
  • Contact
  • Results
  • Other information
    • Devina's Blog
    • Cal. Fish and Game Updates
    • Commonly-Requested Documents >
      • Local Ordinances
    • Reference Links
  • Disclaimer
  • SoCo and COVID

A Snapshot of CHANGES to criminal law in 2021

1/19/2021

0 Comments

 
Every New Years brings about a flurry of sometimes small, sometimes substantial, changes to the way in which our criminal justice system works. Here are the notable changes taking effect in 2021: 

​The Adult System
  • Capped probation terms: Perhaps the change which will have the greatest impact on the day-to-day lives of most criminal defendants, AB 1950 enacted a maximum one year probation term for most misdemeanor offenses and two years for felony offenses. There are, of course, some exceptions. (Effective Jan. 1)
  • Misdemeanor diversion: AB 3234 authorizes judges to offer misdemeanor diversion to most offenders. It is currently under debate whether DUIs will be covered by this change in the law. This change means that if a defendant complies with the terms of diversion the criminal action will ultimately be dismissed and the record erased. Of note, defendants should be aware most domestic violence charges, stalking and registrable sex offenses are not eligible for diversion. (Effective Jan. 1)
  • Restoration of a felon voting rights: the passage of Proposition 17 gives approximately 50,000 felons on probation the right to vote.
  • Reduced sex offender registration: SB 384 reduces the length of time for which a registrant must register. It established a three-tier hierarchy of offenses (which looks to the severity of the offense,) setting the registration length for PC 290 registration at 10 years, 20 years or lifetime. (Effective Jan. 1)
  • California Racial Justice Act: AB 2524 allows defendants who were charged or convicted of a crime to now challenge any racial bias that may have occurred in their case.  Upon challenge, they can now seek a new trial or re-sentencing. (Effective Jan. 1)
  • False reports and harassment: AB 1775 creates a new law, criminalizing the making false 911 calls which are based on someone's race, gender, religion or other type of legally-recognized discrimination, and classifying the offense as a hate crime.

The Juvenile System
  • Disruptive juveniles in school: AB 901 changes form of punishment of troublesome students, moving away from probation programs to community-based programs, and away from court supervision.
  • Phasing out juvenile prisons: SB 823, the Juvenile Justice Realignment bill  will replace the remaining juvenile prisons with the programs related to the Office of Youth and Community Restoration. (Effective July 1)
  • Hiding juvenile records: AB 2425 protects the records of juvenile offenders from public inspection. (Effective Jan. 1)


Changes to Law Enforcement Procedures
  • Banning chokeholds: AB 1196 bans chokeholds and carotid holds by all law enforcement agencies, statewide.
  • Sheriff oversight: AB 1185 allows for the establishment of a sheriff oversight board and inspector general in each county with subpoena power to help oversee the actions of local sheriff departments.
0 Comments

Victim's Bill of Rights

1/1/2021

0 Comments

 
In California, a victim of a crime has certain right, granted to them under the State Constitution. These rights are often known as "Marsy's Law" rights.
​

The purpose of Marsy’s Law is to:

  1. Provide victims with rights to justice and due process.
  2. Eliminate parole hearings in which there is no likelihood a murderer will be paroled, and to provide that a convicted murderer can receive a parole hearing no more frequently than every three years, and can be denied a follow-up parole hearing for as long as 15 years.

Marsy’s Law significantly expands the rights of victims in California. Under Marsy’s Law, the California Constitution article I, § 28, section (b) now provides victims with the following enumerated rights: 

  1. To be treated with fairness and respect for his or her privacy and dignity, and to be free from intimidation, harassment, and abuse, throughout the criminal or juvenile justice process. 
  2. To be reasonably protected from the defendant and persons acting on behalf of the defendant.
  3. To have the safety of the victim and the victim’s family considered in fixing the amount of bail and release conditions for the defendant.
  4. To prevent the disclosure of confidential information or records to the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, which could be used to locate or harass the victim or the victim’s family or which disclose confidential communications made in the course of medical or counseling treatment, or which are otherwise privileged or confidential by law.
  5. To refuse an interview, deposition, or discovery request by the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, and to set reasonable conditions on the conduct of any such interview to which the victim consents.
  6. To reasonable notice of and to reasonably confer with the prosecuting agency, upon request, regarding, the arrest of the defendant if known by the prosecutor, the charges filed, the determination whether to extradite the defendant, and, upon request, to be notified of and informed before any pretrial disposition of the case.
  7. To reasonable notice of all public proceedings, including delinquency proceedings, upon request, at which the defendant and the prosecutor are entitled to be present and of all parole or other post-conviction release proceedings, and to be present at all such proceedings.
  8. To be heard, upon request, at any proceeding, including any delinquency proceeding, involving a post-arrest release decision, plea, sentencing, post-conviction release decision, or any proceeding in which a right of the victim is at issue.
  9. To a speedy trial and a prompt and final conclusion of the case and any related post-judgment proceedings.
  10. To provide information to a probation department official conducting a pre-sentence investigation concerning the impact of the offense on the victim and the victim’s family and any sentencing recommendations before the sentencing of the defendant.
  11. To receive, upon request, the pre-sentence report when available to the defendant, except for those portions made confidential by law.
  12. To be informed, upon request, of the conviction, sentence, place and time of incarceration, or other disposition of the defendant, the scheduled release date of the defendant, and the release of or the escape by the defendant from custody.
  13. To restitution.
    1. It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer.
    2. Restitution shall be ordered from the convicted wrongdoer in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss.
    3. All monetary payments, monies, and property collected from any person who has been ordered to make restitution shall be first applied to pay the amounts ordered as restitution to the victim.
  14. To the prompt return of property when no longer needed as evidence. 
  15. To be informed of all parole procedures, to participate in the parole process, to provide information to the parole authority to be considered before the parole of the offender, and to be notified, upon request, of the parole or other release of the offender. 
  16. To have the safety of the victim, the victim’s family, and the general public considered before any parole or other post-judgment release decision is made. 
  17. To be informed of the rights enumerated in paragraphs (1) through (16).
0 Comments

Professional licenses and criminal convictions

12/8/2020

0 Comments

 
Would you feel so differently about the person selling you a new car that you wouldn’t buy a new car from him or her if you knew the salesperson had a recent conviction for Possession of a Controlled Substance? Probably not.  But what about if the transaction you’re about to engage in is not buying a car, but having surgery? Would you be just as willing to let a doctor operate on you if you found out he had a similar conviction?
 
The State of California recognizes that in order to protect the public certain professions require those performing professional duties to hold themselves to a higher standard.  Professionals such as lawyers, doctors, nurses, dentists, accountants, contractors, law enforcement officers, teachers and social workers are closely monitored by state licensing boards.  As a result, professionals working in these industries often have more to lose than a little money and a little freedom if they are charged with a crime; they could lose their livelihood! 
 
The details surrounding what happens at the hearings conducted by Administrative Law Boards is outside the scope of this article, but rest assured any one licensed by the state is entitled to a hearing at which they can present their side of the case, it is the State that bears the burden of showing the licensee did something wrong, and the hearing is overseen by an independent Administrative Law Judge.
 
One of ways in which licensing authorities find out about a licensee doing something that could give rise to a professional license suspension or revocation is through on-going criminal records checks, so don’t think that just because you don’t report a criminal conviction to the authorities doesn’t mean those authorities won’t find out. (And if you are working in a profession where you are required to report convictions, a failure to report would land you in even more hot water!)  It is imperative for any licensed professional to do everything they can to minimize the collateral consequences of a potentially criminal act.  If you are a licenses professional it is critical that your attorney knows about that fact, and that they work to resolve your case in a way that  protects your license. Or if you have an old conviction, it’s imperative that your record is made as clean as possible under the law.  
 
Options for cleaning up your record include:
  • Seeking reduction of offenses from felonies to misdemeanors, or from misdemeanors to infractions. Only some crimes are eligible for reduction. 
  • Seeking expungements of prior convictions. 
  • Seeking retroactive dismissals of certain types of convictions after changes in the law (common now in cases which involved marijuana use/possession)
  • Seeking a Certificate of Rehabilitation, or a Governor’s Pardon. (Very few Pardon requests are ever granted.) 
  • Seeking the sealing of arrest records (which is more common than you might think). 
 
Past convictions can haunt you! If you have any sort of conviction on your record in California (or pending criminal charges,) that you feel is holding you back, reach out to Devina Douglas to discuss your options.
0 Comments

Sonoma County Jury service

11/26/2020

1 Comment

 
Sonoma County is at a funny point in its handling of jury service right now in light of the COVID pandemic. Jurors are meeting—not at the courthouse, but at the fairgrounds.  Very few trials are being held. But the county is still sending out lots of jury summons.  Which begs the question (loudly these days, if you ask me): Does a person actually have to show up for jury service?
 
Yes. 
 
A person’s constitutionally-guaranteed right to a jury of one’s peers is one of the most important aspects of our criminal justice system, inspired by the idea that it shouldn’t just be the high ranking mucky-mucks, or government officials, or the “cool kids” who sit in judgement of the citizenry, it’s the citizens themselves. That’s why it is imperative that a person respond as directed to a jury summons, not just because it is a crime (potentially leading to actual jail time,) to ignore it. 
 
Once you’ve received that summons, take a close look at the date for which you’re supposed to respond.  If you’re supposed to be somewhere else that day, because of an important medical procedure, or a pre-planned vacation, don’t worry! You get one free postponement, simply by mailing a request for postponement back.  But unless you request a postponement, you’re going to need to follow the directions for reporting as indicated on the summons. (In Sonoma County, you can call or check the County’s website the night prior to your service date to see if you need to actually report in person.) 
 
If you’re called in to serve, but have a compelling reason why you should not be asked to be seated on an actual jury, you’ll have a chance to explain to the court why serving would be a hardship.  Reasons accepted by the court include: 

  • Having no reasonably available means of public or private transportation to the court.
  • Having to travel an excessive distance (usually defined as travel more than 90 minutes between the juror’s home and the court.)
  • Service would result in an extreme financial burden (which takes into consideration the sources of the prospective juror's household income, the availability and extent of income reimbursement, the expected length of service, and whether service can reasonably be expected to compromise the prospective juror's ability to support himself or herself or his or her dependents, or so disrupt the economic stability of any individual as to be against the interests of justice.)
  • Service would result in an undue risk of material injury to or destruction of the prospective juror's property or property entrusted to the prospective juror, and it is not feasible to make alternative arrangements to alleviate the risk. 
  • Having a physical or mental disability or impairment, not affecting that person's competence to act as a juror, that would expose the potential juror to undue risk of mental or physical harm.
  • Having a personal obligation to provide actual and necessary care to another, including sick, aged, or infirm dependents, or a child who requires the prospective juror's personal care and attention, and no comparable substitute care is either available or practical. 
 
Yes, having to upset your daily life for jury service can be a real pain, but put yourself in the position of the defendant: would you rather have people from your own community sitting in judgment of you, or a default, nameless, faceless government entity?

1 Comment

Statutes of Limitations and your case

11/10/2020

1 Comment

 
A common question I’m asked is “how long do the police have to arrest me after I’ve committed a crime.”  A better question to ask is “how long does the DA’s office have to charge me with the crime.” And the answer to that, like so many other questions is: “it depends.”  It depends mostly on the type of crime a person has committed, but whether the victim was a minor at the time of the offense can also affect this legal deadline, called the statute of limitations. The various statutes of limitation for crimes committed in California are defined in Penal Code sections 799-805.

We have statutes of limitation to ensure the DA’s office files charges in a timely manner, when evidence should be more easily available and the events are more fresh in the minds of any witnesses, so that the defendant gets the most fair trial possible. In general, once the statute of limitations period for a case has run, the DA’s office can no longer file charges. 

Of course, there are very serious crimes for which there is no statute of limitations: Murder, treason, and embezzlement of public funds. 

From there, a general rule of thumb is that most felonies (except those that are especially serious or sexual crimes committed against children,) have a statute of limitations of three years, and most misdemeanors have a statute of limitations of one year. (An “especially serious” felony is generally one in which the maximum punishment is eight or more years in custody.)   For most crimes the statute of limitations begins to run at the time of the offense is committed. 
​
In order to protect the most vulnerable segment of our community—the elderly, minors, and those who are dependent on others for their daily needs—the law allows for longer statutes of limitations. For example, some crimes which involve violent, sexual acts committed against minors have statutes of limitations which do not run until the victim has turned 40 years old. A lot of crimes which involve elderly or dependent adult victims have statutes of limitations of 5 years. And for some crimes which involve a higher degree of trickery or fraud the statute of limitations may not even begin running until the crime has been discovered.   
1 Comment

New law will be Shortening probation

11/1/2020

0 Comments

 
Prior to this newly-enacted law, in California the maximum term of probation to which a judge could sentence a defendant was  five years for felony offenses and three years for the vast majority of misdemeanor offenses.  (That said, more serious misdemeanor-level offenses such as child abuse and repeat-offender DUIs were eligible for lengthened probationary periods of up to five years).

Despite concerns that any reduction in the time the criminal justice system has  supervise and rehabilitate offenders might detrimentally impact an offender's rehabilitation, the legislature passed, and Gov. Gavin Newsom signed AB 1950, which effectively caps misdemeanor probation at a length of one year, and felony probation at a length of two years. The reason for the change revolves around studies that have shown that probation often disproportionately affect people of color.  For example, the authors of the bill cite the fact that 
Black Americans make up 13% of the U.S. adult population, but 30% of people who are serving a probationary sentence. Further, the "probation monitoring fees" are often an increased burden on low-income families.  ​
A 2018 Justice Center of the Council of State Governments study found that a large portion of people violate probation and end up incarcerated as a result. The study revealed that 20 percent of prison admissions in California are the result of probation violations, accounting for the estimated $2 billion spent annually by the state to incarcerate people for supervision violations. Eight percent of people incarcerated in a California prison are behind bars for probation violations. Close to half of those violations are technical and minor in nature, such as missing a drug rehab appointment or socializing with a friend who has a criminal record. And yet despite the fact that these technical violations (non-crimes) do not threaten our communities, they cost taxpayers at least $235 million per year."

- 
SENATE COMMITTEE ON PUBLIC SAFETY, 2020 report
0 Comments

EXpAnded Diversionary options coming in 2021

10/16/2020

1 Comment

 
Gov. Gavin Newsom signed AB 3234 earlier this month, creating additional statutory mechanisms for Court-initiated Misdemeanor Diversion. Now, via PC 1001.95 et seq, the courts throughout the state can grant client pre-trial diversion, even over the DA's objection, for a very wide array of offenses. (Currently excluded offenses are violations of Penal Code 290 et seq., 273.5, 243(e), and 646.9.  

Previous law authorized a county to establish pretrial diversion programs for defendants who have been charged with a misdemeanor offense and authorizes other diversion programs, including for defendants with cognitive developmental disabilities, defendants in nonviolent drug cases, and traffic violations. Proactive Diversion  programs have been shown to yield lower recidivism rates than seems when the judicial system used tactics more focused on prosecuting and jailing offenders.

Under the law, the defendant can be given up to 24 months to complete whatever conditions are imposed as a part of the diversion offer, and the terms of that diversion plan can be narrowly tailored to the specific facts and circumstances of the defendant's alleged crime. 

Should a candidate not successfully complete the diversion program, the criminal proceedings will be reinstated. Should a candidate successfully complete the diversion program, the net result will be that the criminal case against them is officially dismissed, and the record of arrest will be sealed, allowing a person to avoid potentially lifelong collateral con sequences of a conviction generally associated with having a criminal record. 
​
Because a candidate is not required to enter a plea to participate in diversion under this section, it will not count as a "conviction" for immigration purposes. 
1 Comment

2020 changes to Fish and Wildlife regulations

8/26/2020

0 Comments

 
The following changes were made to Cal Fish and Game regulations, effective July 2020, relevant to our area:
  • With regards to Deer, under Code section 360
    • The season for additional hunt in the Fort Hunter Liggett Antlerless Deer Hunt shall open on October 3 and extend for 2 consecutive days and reopen on October 10 and extend for 3 consecutive days.
    • ​The season for additional hunt in the Fort Hunter Liggett Apprentice Either-Sex Deer Hunt shall open on October 3 and extend for 2 consecutive days and reopen on October 10 and extend for 3 consecutive days, except if rescheduled by the Commanding Officer with Department concurrence between the season opener and December 31.
  • With regards to Archery Deer, under Code section 361
    • ​The season for hunt in the Fort Hunter Liggett Late Season Archery Either-Sex Deer Hunt shall be open beginning the first Saturday in October and continuing through November 11, except if rescheduled by the Commanding Officer with Department concurrence between the season opener and December 31.
    • The number of Tags available is set at 50, with no differentiation made between military or general public tags.
  • With regards to Waterfowl
    • ​In Northeastern CA
      • Duck season opens the first Saturday in October and extends for 103 days. 
      • the bag limit for scaups has been reduced to 2
    • In the San Joaquin Valley 
      • Duck season opens the fourth  Saturday in October and extends for 100 days. 
      • the bag limit for scaups has been reduced to 2

For a full summary of the changes in the regulations see here. 
0 Comments

KEEPING AN EYE ON CHANGING LAWS IN RESPONSE TO THE CURRENT BLM PROTESTS: QUALIFIED immunity for police

6/12/2020

1 Comment

 
We certainly cannot expect our police officers to make perfect decisions all of the time.  Because of this, the legal doctrine of qualified immunity generally applies to the decision they make.   "Qualified Immunity protects officers from being held personally legally responsible for a variety of constitutional violations (notably now:  the right to be free from the police using excessive force against them) for money damages under federal law if the police did not violate "clearly established law."

But right now, the Supreme Court is debating whether or not this protection for officers should continue to exist. 

OCTOBER 2020 Update:
This legislative session changes in the law have been adopted to help address instances of potential police misconduct:
  • AB-1196 (Peace Officers Use of Force) was passed. The law, effective on the first of the year, prohibits the use of chokeholds (pressure to a person’s windpipe) and carotid holds (pressure to slow the flow of blood to the brain) by law enforcement.
  • AB-1506 (Police Use of Force) was passed. The law This law will now shift the responsibility for investigating fatal police shootings of unarmed civilians to the Attorney General, and creates a new division (set to begin operating by mid-2023,) within the Department of Justice which will be tasked with reviewing use-of-force policies and make recommendations. 

​For more, see here. 

1 Comment

KEEPING AN EYE ON CHANGING LAWS In resPonse to the current BLM PROTESTS: Police misconduct records.

6/10/2020

0 Comments

 
Public access to records regarding police misconduct has been a hot-button issue for the last several years.  Thankfully, New York is taking steps in the right direction to bring transparency to the misconduct of its officers.

For the full story see here. 
0 Comments

In the News: Changes to Solitary confinement coming

2/26/2020

1 Comment

 
The following information was originally reported by the associated press[1]:
 
“More than a quarter of U.S. states and numerous smaller jurisdictions are looking for ways to reduce the use of solitary confinement, according to the Vera Institute of Justice, which encourages alternatives to a practice behavioral experts say is dehumanizing and can worsen mental illness.

The new policies in California came after Specter’s firm sued seven of California’s 58 counties, alleging that conditions had grown inhumane as jails absorbed inmates who previously would have served their sentences in state prisons. The state in 2011 began sending less serious offenders to local jails for years at a time to ease crowding in state penitentiaries.

Some jurisdictions nationwide are banning isolation for young offenders, pregnant women or those with mental health diagnoses. The California counties’ approach of generally limiting it to those who engage in continued violent behavior has dramatically reduced the number of inmates in isolation and the length of time they stay there….

Sacramento County also is following the policy pioneered by Santa Clara County, while Fresno County is considering it. Among other things, it encourages the use of low-cost incentives to reward good behavior, like the opportunity to listen to the radio, watch a movie or get an extra snack.

Sacramento County has cut its isolated population roughly in half, to about 60 inmates, said Lt. Alex McCamy: “It’s a limited time frame and a limited group, but the initial impression is positive.”

Rick Raemisch, who restricted the use of solitary confinement when he headed Colorado’s prison system, said the violent, tense, dirty conditions in Santa Clara County’s jail improved markedly with the new policy. “Think of yourself being in a cell the size of a parking space for 23 hours a day,” said Raemisch, who consulted with county officials. “At a minimum you’re going to get angry, and when you get angry you’re going to fight back.” 

Inmates nationwide are most often segregated for nonviolent “nuisance infractions” like smoking, cursing, disobeying orders or having unauthorized items from the commissary, said the Vera Institute’s Sara Sullivan. 

Santa Clara County once locked a woman in solitary confinement for 2 1/2 years for talking back to correctional officers or yelling and banging on her cell door with other detainees, according to Specter’s lawsuit.

The California counties’ new policy of restricting its use to continued violent behavior could be seen as a national pilot program, Sullivan said.

...There’s been a decades-long effort to reform solitary, especially in prisons. But what we haven’t seen is a paired reform effort for jails,” said Amy Fettig, director of the American Civil Liberty Union’s Stop Solitary campaign….

Long-term isolation can be so debilitating, Fettig said, that she’s had clients cut themselves “just to feel something because they’ve become numb.”
 ________________________

[1] https://apnews.com/2c40e61703f2a493c4dfa152150e7a29
1 Comment

ROADKILL IN CALIFORNIA In 2020

2/11/2020

1 Comment

 
 
 
Despite the passage of the “Wildlife Traffic Safety Act,” the result of SB 395, it is still illegal to collect or possess roadkill. However, the new law is paving the way for citizens to use the “salvageable wild game [roadkill] meat” meat of deer, elk, pronghorn antelope or wild pig. 
 
According to data from the CHP, approximately 8,000 large game animal vs. vehicle collisions have occurred statewide over the last six years. These collisions have resulted in over 1,500 injuries and at least 24 fatalities to motorists and their passengers.  UC Davis researchers estimate that the costs associated with animal vs. vehicle collisions exceed $200 million annually.  But perhaps more tragically, for the large animals involved in these collisions, approximately 40% of them are killed, and many are injured, however the fate of roughly one-third is unknown. 
According to the author of SB 395, Bob Archuleta, “By allowing the take of large game animals after a highway collision, and by logging the site of the incident, we not only clean up our highways, we gather the necessary data to prevent the occurrence in the future.” 
 
So if the new law doesn’t allow the taking of roadkill, what does it do? The new change in the law gives the California Fish and Game Commission permission to work with the California Department of Transportation, California Highway Patrol and the California Office of Environmental Health Hazard Assessment with the goal of ultimately adopting regulations to establish a “salvageable wild game meat utilization program.” Such a program would almost certainly include a permitting and a reporting process.
 
Currently, California’s best public reporting system on roadkill statistics is that run by the University of California, Davis. (Their California Roadkill Observation System (CROS) allows anyone to contribute roadkill data and photos to the system.) However, the new law allows the Fish and Game Department to create their own roadkill reporting database, with the goal of helping wildlife managers identify the places where wildlife/vehicle collisions are most common. With that information, legislators claim the state can make more pinpointed wildlife conservation efforts. 
 
The permitting process—which per the law’s text, will generate free permits—is expected to be run via a user-friendly and cell-phone-friendly web- based portal. Permitting will take into consideration roadways, locations, species subject to salvage, and any other aspect necessary to ensure the salvage pilot program’s success.  With a permit, any person who unintentionally strikes and kills a specified animal on a roadway or who encounters an unintentionally killed animal of eligible species may recover, possess, use or transport the whole animal and salvage the edible portions. That said, only an officer of the Fish and Game department or a law enforcement may kill a severely injured animal that has been struck by a passing vehicle. However, once an injured animal has been euthanized by one of these designated officers, a permitee can lawfully collect the meat.
With this change in the law, California will be one of among half of the states allow roadkill to be collected, processed and eaten. 
 
If you have been arrested or cited for a Fish and Game violation in Sonoma, or any of Sonoma’s surrounding counties, contact Devina Douglas.
 

1 Comment

2020 CHANGES WITH FISH AND GAME LAWS- Trapping of Fur-Bearing Animals

1/31/2020

1 Comment

 
​Trapping animals for the sale or use of fur is now illegal in California, the first state to implement such a law. The fur-bearing animals protected by this law include grey fox, coyote, beaver, badger and mink.
 
Previously, trappers were required to obtain a trapping license, but the state claims that the licensing system had become unwieldy. Apparently, the state issued only 133 trapping licenses and four fur dealer licenses in 2017, generating only $16,000 in revenue for the state.  “Not only does the cruel fur trapping trade decimate our increasingly vulnerable wildlife populations, running this program doesn’t even make fiscal policy sense,” Assemblymember Lorena Gonzalez (D), author of the legislation, said in a statement. “Taxpayers are subsidizing this unnecessary commercial activity because the cost of managing this program isn’t even covered by the revenue from trapping license fees.”
 
1 Comment

2020 changes with Fish and Game laws- Trophy Bobcat hunting

1/30/2020

1 Comment

 
Despite bobcat numbers growing steadily throughout the state and country, after the passage of Assembly bill 1254, touted as being part of a package of bills promoting “animal welfare” and “fighting animal cruelty,” the “trophy hunting”[1] of bobcats will be illegal for the next five years and possibly longer, unless state wildlife officials approve a plan to preserve the animals’ overall population. This means that under most circumstances, hunting, trapping or killing a bobcat is prohibited, with exceptions allowed for:
 
  • A law enforcement officer or licensed veterinarian acting in the course and scope of official duty, or
  • A killing based on a good faith belief that killing was necessary to protect a person from immediate bodily harm from the bobcat. However, note that if a person takes the bobcat under these circumstances, the person must notify the department of Fish and game within five days after the take, AND the bobcat cannot be retained, sold, or removed from the site of the take without the authorization from the department.
 
This law will stay in place for at least the next five years.  After that, state wildlife officials will have the option of reopening the hunting season with regards to bobcats. …However, as most of us who keep our eyes on such matters have noted, the chances of Fish and Game reopening a once-closed season is small. Further, in order for the season to reopen, the Legislature will have to appropriates funds specifically earmarked to satisfy conditions imposed by the bill.[2]  These conditions include performing studies,[3] which are estimated to cost $2.5 million, and setting tag fees sufficient to recoup the costs. As a point of reference, the current revenue from bobcat tags amounts to approximately $35,000 a year, less than 2% of the estimated cost of reopening a season. 
 
The necessity of this bill is in doubt as opponents (a large majority of whom are part of the hunting world,) pointed out that while during the 2017/2018 hunting season (the last season for which there is comprehensive data,) the Department of Fish and Wildlife issued just shy of 12,000 bobcat tags, but only 331 animals were actually taken. These opponents also note “The harvest rate of bobcats is so low – not because bobcats are scarce – but rather because bobcats are shy and secretive by nature, and because of the severe restrictions already in place on how and where they can be taken.”[4]
 
 
California continues to be one of the most aggressive states with regards to protecting wildlife from hunting and trapping. In 1990, it became the first state to ban mountain lion hunting, the state enacted a trapping ban initiative in 1998, and the hunting of bear and bobcat hunting with hounds was outlawed in 2011. 
___________________

[1] This language is considered a politically-motivated addition to the law, as neither hunters nor the state Fish and Game Code considers bobcats “trophy animals.” 

[2] See Fish and Game Code 4157

[3] The studies will look to the potential impacts of a bobcat hunting season, including the effects on all of the following: (1) Bobcat populations, (2) Bobcats’ wild prey, (3) Disease abatement, including, but not limited to, hantavirus, and (4) The control of invasive species, especially nutria.

[4] A copy of the letter of opposition can be found here: https://www.calwaterfowl.org/wp-content/uploads/2019/06/AB-1254-SNRW-Coalition-Ltr-Oppose-6-7-19.pdf
1 Comment

Gun Rights Update- Firearms on school grounds

1/9/2020

2 Comments

 
With recent school-shootings in the news, now might be a good time to talk about CA's laws regarding the possession of firearms on school property.
 
The Gun-Free School Zone Act of 1995 controls most of the law surrounding a person's ability to bring a firearm onto a school zone, which is defined as a zone of 1000 feet surrounding and including "an area in, or on the grounds of, a public or private school providing instruction in kindergarten or grades one to 12." That Act made it illegal to bring a firearm into a school zone under most circumstances, with exceptions being made for those with permission from school officials. 
 
In 2019, it them became illegal for school workers, or anyone else who previously had permission, to bring guns on campus, even if that person has a concealed carry permit. Prior to this change, the Gun-Free School Zone Ac allowed districts and county education offices to make their own determinations into whether qualified civilians could carry a firearm on campus. This change in the law still allows firearms to be brought to a campus for (1) certified hunter education programs (as long as the firearms are unloaded and participants do not possess live ammunition in a school building,) (2) programs that involve shooting sports, and (3) activities that are sanctioned by a school district that occur on district property. 
 
Firearms possessed by peace officers, honorably retired peace officers with valid concealed carry permits, and authorized security guards are still allowed to carry a firearm. Further, firearms are still allowed to be used at an existing shooting range, and any firearm technically can be on a campus if it is an unloaded handgun and is in a locked container or within the locked trunk of a vehicle.

If you have. question about gun laws, feel free to contact Devina. 

2 Comments

Quick Summary of Law Changes related to Criminal law

1/2/2020

0 Comments

 
Effective January 1, 2020, several changes to California Criminal law will the place. Below is a quick snapshot of the changes.

  • As a result of the passage of AB 392, and, as a result of the recent incident wherein a Sonoma County Deputy smashed an arrestee's head against the car door, killing him, on the mood of a lot of us in Sonoma CountyLaw enforcement officers can use deadly force only when it’s “necessary in defense of human life,” a standard created following fatal officer-involved shootings across California.
  • As a result of the passage of AB 218, victims of childhood sexual abuse will have more time to report allegations of such abuse and file a lawsuit against their attackers. The state’s civil statute of limitations for childhood sexual abuse allegations has been extended for 14 additional years, allowing some to file claims up to age 40.
  • Somewhat related, as a result of the passage of SB 588, Sexual assault evidence collected through rape kits must be submitted to a crime lab within 20 days and tested within 120 days, a law prompted by reports of evidence samples that sat untested for years, and a change in the law deemed necessary as it "is a core public safety issue affecting" all of us in the state. 
  • You can now file a civil cause of action against anyone who distributes a fake sex video or photo with your likeness.
  • The State is no longer permitted to sign contracts to use private, for-profit prisons.
  • ...And in those prisons, inmates can no longer be charged a copay for medical care or fees for medically necessary items.

0 Comments

Giving Felons the Right to Vote

11/1/2019

1 Comment

 
​California may soon restore the voting rights of approximately 50,000 of its citizens, felons.
 
Currently, Only Maine and Vermont allow felons to vote while in custody in state prisons related to their sentence.  Massachusetts used to…  However, the law was changed after it was discovered that inmates formed a political action committee to influence their state representatives.
 
The California Constitution states that “The Legislature shall prohibit improper practices that affect elections and shall provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony.” However, in 1976, the state amended the constitution, restoring voting rights to felons if the felon was not still “imprisoned or on parole.” …But this change in the law was not quite so clear cut, especially after California passed its 2011 Realignment Act, which effectively moved a substantial number of low-level offenders out of state prisons to county jails as a way to address overcrowding. Were felons being housed in county jails “imprisoned”?
 
“If you look at the state constitution, you would have a hard time believing that jails and prisons aren’t the same intent,” noted Hans von Spakovsky, a senior legal fellow at The Heritage Foundation who specializes in election-related issues.  However, one must wonder if this change in the law was politically motivated. “Social science shows that felons overwhelmingly vote Democrat,” von Spakovsky said.
 
California Attorney General Kamala Harris supported the bill, stating “The right to vote is fundamental to our democracy and society, and yet for too long we have stripped certain individuals of that right.” Other proponents believe that by restoring a felon’s ability to vote, the felon will be less likely to reoffend because they are more connected to their community. The ACLU believes the change in law “would address the history of racial oppression behind California’s felony disenfranchisement laws. Three of every four men leaving California prisons are either African American, Latino, or Asian American. Black Americans are four times more likely to experience felony disenfranchisement than are white Americans.” 
1 Comment

Case law update: Warrantless Arrests on School Grounds and the Fourth Amendment

8/5/2019

1 Comment

 
​We’re hearing more and more about fights on school grounds these days, and the restrictions on what schoolchildren can and can’t do on those same school grounds seem to be getting tighter. It seems that every day school officials are announcing they are at the end of their ropes, and that the criminal justice system is getting involved.  
Years and years ago a program called Scared Straight was introduced to high schoolers, designed to show troublemakers what the inside of a jail really feels like. In the original 1978 documentary, the alleged troublemakers were taken to Rahway State Prison, where a group of inmates sought to "scare them straight" in hopes that the troublemakers would begin taking steps to avoid their own jail sentences. 
While the participants in the documentary were volunteers, recently the California courts sought to clarify whether school resource officers (usually law enforcement officers assigned to a school campus,) could arrest a student as a way of scaring straight uncooperative students. In that case, and in response to an on-going conflict a between group of students, the school’s assistant principle called a meeting with the students, and invited the school’s resource officer (a Sheriff’s deputy,) to attend. When the meeting didn’t go as planned, the deputy formed the opinion that the students were being uncooperative and disrespectful, and within “minutes” of his arrival at the meeting threatened to take all the students to jail to “prove a point.” As he continued to lecture them, he also stated that he didn’t care who was ultimately at fault. Unfortunately, his threats did not convince the students to cooperate with his inquiry so he arrested all the students for a violation of Penal Code 415- Unlawful Fighting. One student was cited and released to her father, the other six were taken to jail.  No disciplinary action was taken against the students at school, and no charges were ever filed in the court system. When the parents of a few of the student sued, our courts were asked to determine the constitutionality of the student’s arrests (a “seizure” under the US Constitution’s 4thAmendment) in this situation. 
 
As it pertains to the 4thAmendment, the US Supreme court has previously held that “the school setting requires some easing of the restrictions to which searches by public authorities are ordinarily subject.” As a result, school officials, under certain circumstances, can conduct warrantless searches of students, even where the traditional level of probable cause hasn’t been reached. In these cases, whether a search is allowable “depend[s] simply on the reasonableness, under all the circumstances, of the search.”[1]
So, in these situations, what is reasonable? …When there is a “special needs exception” to the general warrant requirement.  In making this determination, the court uses“a twofold inquiry,” which first looks to “whether the search (or seizure) was justified at its inception,” and then whether “the search (or seizure) as actually conducted was reasonably related in scope to the circumstances which justified the interference in the first place.” In these “special needs” situations, the “actual motivation” of law enforcement should be considered.
The court here decided that the arrest of the students was not “justified at their inception,”  because there were only vague allegations of fighting, with no information about who instigated the fights; the school resource officer clearly stated he was arresting the kids to make a point.  As a result, the court held that the student’s arrests were constitutionally unreasonable. “The arrest of a middle schooler . . . cannot be justified as a scare tactic, a lesson in maturity, or a chastisement for perceived disrespect.” 


[1]New Jersey v. T.L.O. (1985) 469 U.S. 325. Generally, law enforcement is held to stricter standards, but when they are on campus and acting at a school official’s request the same relaxed standards that apply to the school officials apply to law enforcement officers.
1 Comment

Case update: Does Your Right to PrivacyExtend to Preventing the Police From Watching You Use The Restroom?

7/25/2019

1 Comment

 
​Imagine being at home when the police show up to execute a search warrant for your home, looking for documents, computer records, and electronic information storage devices.  …And you’ve got to use the restroom.  Should a same-gender officer be able to insist on coming into the bathroom with you to watch you relieve yourself, all under the guise of ensuring you don’t destroy or hide evidence while you’re in there? Thankfully, the court said no. 
In Ioane v. Hodges[1],the IRS suspected Mr. Ioane criminal fraud. The IRS sought, and was granted, a search warrant, allowing them to access the Ioane home, looking for documents, computer records, and electronic information storage devices that could be evidence of that fraud. The Ioanes were told then were free to leave, but would not be allowed back into the house if they chose to leave. So they stayed, waiting patiently in the kitchen.  At some point during the search, Mrs. Ioane informed the Agents that she needed to use the bathroom. A female agent accompanied her to the bathroom, told Mrs. Ioane to remove her clothing, and then told Mrs. Ioane to hold up her dress while she relieved herself. Feeling rightfully violated, Mrs. Ioane filed suit in federal court under 42 U.S.C. § 1983. 
First, the court decided that Mrs. Ioane was able to file suit as the female officer was not entitled to qualified immunity from civil liability, after balancing Mrs. Ioane’s right “to hold public officials accountable when they exercise power irresponsibly” with the government’s “need to shield officials from harassment, distraction, and liability when they perform their duties reasonably.” Generally, the law defaults to finding that the government is entitled to qualified immunity unless the facts demonstrate that the officer’s conduct violated a constitutional right, andthe right was clearly established at the time of the asserted violation. Because this case revolved around the 4thAmendment, and the 4thAmendment always begs in inquiry into the reasonableness of the government’s actions, the court was, in short, asking if the female agent’s demand to actually watch Mrs. Ioane relieve herself was reasonable under the circumstances of that case, specially looking at “(1) the scope of the particular intrusion, (2) the manner in which it is conducted, (3) the justification for initiating it, and (4) the place in which it is conducted.”
So let’s walk through each of these factors.  First, as us reasonable minds would expect, the court had no trouble announcing that it isa violation of one’s right to bodily privacy to require that person to expose him- or herself to an officer. Because the Court logically reasoned that the “naked body” is the most “basic subject of privacy,” it found that “the scope of the intrusion into [the wife’s] bodily privacy here was significant.” Second, the court found it was important that Mrs. Ioane was not detainedat the time of this intrusion, and thus was entitled to more freedom from the scrutiny of the agent. This was especially so as there was no reason to believe that Mrs. Ioane was in possession of any weapons or evidence at the time she requested to use the bathroom. Lastly, it was noted this intrusion occurred in the Ioane home, and a person’s home has always been held to be a place in which we can expect to heightened level, of privacy. 
Thus, the court held that forcing a person who has not been detained to expose him- or herself to a law enforcement officer, is a Fourth Amendment violation unless the officer has reasonable articulable suspicion that the person be armed, or probable cause to believe he or she is secreting evidence.


[1](9th Cir. Sept. 10, 2018) 903 F.3rd929.
1 Comment

Case law update: Demanding ID From Passengers

7/1/2019

1 Comment

 
​Let’s say you’re a passenger in your friend’s car when your friend gets pulled over for speeding. Assuming the police have no reason to believeyou’vedone anything illegal, can the officer demand youridentification? Nope!
In United States v. Landeros[1], the court heard the case of a defendant who was told he was required to give the officer his ID under circumstances similar to those above.  In that particular case, the officer felt his demand was justified as he felt it was “standard for (law enforcement) to identify everybody in the vehicle.” When the defendant refused twice, the officer called in backup, told the passenger he was not being “compliant,” and ordered the passenger to get out of the car. After his exit from the car, unfortunately, the police found evidence which led them to believe that the passenger had, indeed, violated the law. 
The 9thCircuit heard the case, and began its analysis stating the well-settled rule that “[a]n officer . . . may conduct certain unrelated checks during an otherwise lawful traffic stop. But . . . he may not do so in a way that prolongs the stop, absent the reasonable suspicion ordinarily demanded to justify detaining an individual.”[2]An officer canask about other unrelated criminal activity during the traffic stop, but should confine these unrelated inquiries to within the time it takes to accomplish their original task: addressing the potential traffic violation and whether the driver is licensed and insurance, whether the vehicle is properly registered. Anything the officer does that exceeds the time it would have taken to accomplish those tasks is likely to be held to be illegal. And as we have discussed hon this blog before, any evidence unearthed during an “unlawfully prolonged traffic stop” is subject to suppression. The court, therefore, determined that the officer was NOT acting within the confines of the law when he extended the traffic stop by asking for the passenger’s ID, and even went so far as to state that the passenger’s refusal did NOT “provide[]reasonable suspicion of the additional offenses of failure to provide identification and failure to comply with law enforcement orders,” (which is a violation of Arizona law, where this case took place.) 
To be clear, a person is not required to identify him- or herself to law enforcement unless law enforcement has a reasonable suspicion the person is involved in criminal activity.[3]


[1](9th Cir. Jan. 11, 2019) 913 F.3rd862

[2]Rodriguez v. United States (2015) [135 S.Ct.1609]

[3]See Kolender v. Lawson (1983) 461 U.S. 352.
1 Comment
<<Previous
Forward>>

    Author

    Devina strives to make information relevant to the lives of her clients easily accessible. 

    Archives

    June 2022
    May 2022
    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    August 2020
    June 2020
    February 2020
    January 2020
    November 2019
    August 2019
    July 2019
    June 2019
    April 2019
    March 2019
    February 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    June 2018
    May 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    October 2017
    September 2017
    August 2017
    June 2017
    May 2017
    April 2017
    January 2017

    Categories

    All
    DMV Related
    Domestic Violence
    Drugs
    DUI
    General Criminal Defense
    Gun Rights
    Marijuana Related
    Marijuana-Related
    SCOTUS News
    Weird News

    RSS Feed

Proudly serving Sonoma, Marin, Napa, Mendocino and Lake Counties (and occasionally venturing as far as Yolo, Santa Clara and San Mateo Counties).
Picture
Picture
Picture
Picture
Picture
Proudly powered by Weebly

​This website is for informational purposes only and does not provide legal advice. Do not act or refrain from acting based on anything you read on this site. Using this site or communicating with the Law Office of Devina Douglas through this site does not form an attorney/client relationship. This site is legal advertising. Please review the full disclaimer for more information. (LINK TO FULL DISCLAIMER PAGE)
  • Home
  • Profile
  • Practice Areas
    • DUI
    • Assault Crimes
    • Theft Crimes
    • Domestic Violence
    • Drug Crimes
    • Sex Crimes
    • Homicide
    • Restraining Order-related >
      • Domestic Violence Restraining Orders
      • Other Types of Protective Orders
      • If You Are Served With A Protective Order
      • Resources for Victims of Domestic Violence
  • Contact
  • Results
  • Other information
    • Devina's Blog
    • Cal. Fish and Game Updates
    • Commonly-Requested Documents >
      • Local Ordinances
    • Reference Links
  • Disclaimer
  • SoCo and COVID