Monday, August 31, 2009

Three Strikes Law and Los Angeles

Norman Williams found out first-hand how tough California’s "Three Strikes" laws can be: after twice being convicted on felony burglary charges, the Long Beach native was sentenced to 25 years to life in prison for stealing a car jack and tools from a tow truck. Under normal circumstances, his last offense would have been classified as petty theft while the value of the items stolen should have made the crime a misdemeanor offense. Williams, however, had had a long history of drug abuse and a criminal record beginning with burglary at age ten.
With such an egregious criminal history, the famous "Three Strikes" laws bumped Williams’ relatively minor charges up to felony status, paving the way to his third strike. Thanks to efforts from a fledgling Stanford University law school program, Williams’ sentence was reduced to just 10 years. Since Williams had already served 13 years of his original sentence, he was released from Folsom State Prison on April 24th. With two standing felony convictions, Williams is currently working with a job training program in Northern California and trying to stay out of further legal trouble.
The "Three Strikes" laws have been controversial since their inception. As a "tough on crime" program, the laws effectively sentence criminal offenders to 25 years to life in prison for three felony offenses. In an attempt to protect Californians from violent repeat criminal offenders, the "Three Strikes" laws also reduce prison credits for good behavior and can enhance penalties for two or more felony criminal offenses. The laws also provide provisions allowing multiple criminal acts performed in conjunction to be counted as separate offenses. For example, burglary with a firearm that results in bodily injury to someone and the theft of more than $400 in value could be charged as several distinct crimes, allowing the defendant to rack up several "strikes" in one set of legal proceedings. Felony criminal offenses are nothing to take lightly in California as they can land you in a state prison for the rest of your life.

Monday, August 17, 2009

Intelligence and Crime

Criminals are generally better regarded for winning the “Stupid Criminal Story of the Week” than exhibiting any particular intelligence. But you’d have a difficult time making a line-up of idiots when picturing the FBI’s targets in the Counterintelligence Domain Program.
 
Many of the most effective and expensive criminal attacks are all about intelligence.
 
The White House announced the appointment of a “cyber security coordinator” to tackle incipient threats to the nation’s cyber structure. As with many other federal efforts, the call to “action” is more heralded than the specifics. For example, the President’s talking points fail to note the way a Cyber Tsar will work with existing units, such as the FBI’s CI Domain Program. CI Domain, under former President Bush, has already advanced efforts to integrate cyber security initiatives in a trilateral system, integrating businesses/academic entities/counterintelligence agencies. The FBI has established a partnership virtually unheard of: “CAUSE” sends FBI field agents to university intellectual property departments, and trains them about the motive and methods of cyber stealing.
 
The appointment of a White House Cyber Tsar seems to offer the certainty of political turf wars. Where the President promises to work with local governments, the FBI focus has been more regional in emphasis. The current Presidential model also promises to employ more “top down” management, using federal funding to emphasize federal policy; the FBI model apparently retains its Bush-era emphasis on private market inventiveness. Obama asserts:
 
“Given the enormous damage that can be caused by even a single cyber attack, ad hoc responses will not do. Nor is it sufficient to simply strengthen our defenses after incidents or attacks occur. Just as we do for natural disasters, we have to have plans and resources in place beforehand, sharing information, issuing warnings and ensuring a coordinated response.”
 
Yet all parties do agree the scope of the problem is already enormously fluid, and that any initial effort can only be limited in comparative scope. Estimates of world-wide costs associated with cyber attacks—ranging from graffiti to commercial interference and, military or utility attacks—exceed $1 trillion. This recognition may account for the program’s heavy reliance on existing private industry focus and lack of specifics…essentially admitting the solutions must be developed by those with the most to lose…private enterprise.
 
There are also no shortages of conspiracy theories, whenever any President seeks to integrate private security with government oversight. This seems to be especially true when it comes to cyber life. Obama stressed his belief that cyber security must be balanced against losses in public expectations of privacy on the Web. The Bush Administration’s foray into enhanced cyber security in 2008 resulted in cries that the private agency (Infragard) tasked with secunding government cyber resources was given the authority “to shoot to kill” if the U.S. government declared martial law.
 

Monday, August 3, 2009

Los Angeles Lakers and Riots

What began as a celebration of the Los Angeles Lakers' Championship turned into a scary scene in downtown Los Angeles.  Police were called in and arrested over twenty individuals for their part in the riots and looting that took place.
Los Angeles criminal defense attorneys often have to aggresively defend people involved in such crimes, many of whom are simply in the wrong place at the wrong time.  When the Los Angeles police arrest people, rarely do they have the proper evidence or information, all they have to go on are their instincts and bits of information.  Los Angeles criminal defense attorneys understand this and do their best to stop it.
In this particular case in Los Angeles, there were fires, vandalized cars and buildings, fireworks set off, looting of stores and some clashing with police.  Los Angeles criminal defense attorneys will recognize that most of these are petty crimes, however if you have a criminal record, these crimes could add up to some serious jail time.  Even if you don't, any Los Angeles criminal defense attorney will tell you that heavy fines, probation, community service and even minor jail time are in store for you if convicted.
Every Los Angeles criminal defense attorney at the Law Office of Stephen G. Rodriguez & Associates focuses exclusively on criminal defense. With over 90 years of combined criminal defense experience, we have a reputation for aggressively representing individuals facing misdemeanor or felony charges. Our ability to analyze and evaluate cases, prepare strong defenses and obtain favorable outcomes is well known. Do not settle for a guilty plea; being charged and convicted of a crime can lead to job loss, a criminal record and jail time.