Sonoma County Criminal Lawyer Blog

According to the Sonoma County Sherrif's Office, a recent string of auto burglaries has left little for authorities to go on. There were allegedly 20 instances committed on one recent night alone, which may be related to an earlier rash of similar crimes in late May.

Authorities responded to one resident's home, who had woken up during the night to his dog's barking. As the suspect quickly attempted to leave the property, his vehicle became trapped in a gate, so he fled the scene on foot. After searching the area, at least 17 cars were found with doors ajar, dome lights on, or with other evidence that they had been accessed at some point during the evening.

Police have also reported another cluster of petty thefts from unlocked vehicles on Bennett Valley Road, Grange Road and Los Alamos Road, which officials believe were committed by the same individual or individuals.

So far, authorities report that all of the vehicles that have been entered were unlocked. Among the things taken were garage door openers, vehicle keys, loose change, and GPS devices. Left behind were items of substantially greater value, including laptops, iPhones, and iPads.

Continue reading "String of Potentially Related Car Burglaries Hits Sonoma" »

A Sonoma County jury that convicted a 22 year old Santa Rosa man of the brutal first degree murder of his father is now attempting to determine whether he was insane at the time he committed the crime.

Jurors heard closing arguments in the sanity phase of trial on Monday. Defense counsel stated that three different psychiatrists all agreed that 22-year-old Houston Herczog was suffering from paranoid schizophrenia and was insane when he killed his 63-year-old father in their Rincon Valley home in November of 2011.

The District Attorney suggested the defendant could be exaggerating his symptoms of schizophrenia in order to escape criminal responsibility. According to the DA, the defendant appeared lucid during a videotaped recording depicting his interview with Santa Rosa law enforcement officials, which took place mere hours after the incident. The prosecutor claims that the defendant may have simply become enraged due to an argument with his father, which was fueled by the Adderall he was allegedly stealing from his mother.

The pathological evidence presented at trial, revealed that Herczog stabbed his father more than 60 times, and then dropped a guitar amplifier on his skull in the kitchen of their home.The defense counsel had argued that the defendant was hearing voices and believed his father was an evil spirit.

In this case, since the defendant has already been found guilty of first degree murder, he would face indefinite commitment to a mental hospital if found insane. If found to be sane at the time of the crime, he would be sentenced to 25 years to life in state prison.

Continue reading "Sonoma County Jury Considers Insanity Defense in First Degree Murder Case" »

Three Sonoma County men were arrested over the weekend following an alleged stabbing that occurred near Forestville, leaving at least one person injured, according to authorities.

The Sonoma County Sheriff's office reported that three men were arrested Saturday on suspicion of assault with a deadly weapon, participating in a criminal street gang and conspiracy to commit a crime.

Few details were available regarding the altercation, or the status of the victim. One of the men remained in custody Sunday at the Sonoma County Jail on $100,000 bail, while the other two were released on bail, jail authorities stated.

Continue reading "3 Men Arrested for Alleged Stabbing in Forestville" »

Sonoma County officials are reporting that they believe that a recent string of crime could potentially be attributable to the same gang.

Sheriff's detectives will boost their presence in response to an increase of recent crimes, including several gang-related burglaries, assaults, robberies, a stabbing, and a shooting. To date in April, officals have seized more than 15 guns and arrested at least 13 individuals.

Investigators suspect many of the crimes have been committed by members of the same norteño gang. The incidents include the March 29 beating and robbery of a gay Sonoma teen, the shots fired April 5 at a nearby Taco Bell, and several recent neighborhood burglaries.

Authorities have not uncovered an explanation or potential motivation for what seems to be a crime spree.

Several Weapons Determined to be Stolen

In addition to the gang unit's increased presence, they are also conducting research into the province of the weapons seized, and have determined that several of them were stolen. The recovered weapons, which have been determined to be stolen, were believed to be taken during at least two different robberies. One gun was recovered during a backpack search of some teens, and five more were seized on April 13.

Continue reading "Stolen Weapons Recovered in Potentially Gang Related Crimes Occurring in Sonoma" »

Authorities recently announced a second arrest has been made in connection with an alleged hate crime assault against a gay teen, which happened last month at an elementary school in Sonoma.

The altercation took place sometime around 10:45 p.m. on March 29. A group of teenagers gathered to drink alcohol and smoke marijuana when the 18 year old victim arrived to join his friends. As the young man walked through the campus to join his friends, he was attacked by a group of suspected gang members. Two of the victim's friends came to his aid, and he was able to escape to a nearby residence. The teens were also assaulted and robbed of their phones and wallets.

According to police, during subsequent questioning, authorities learned that the 18 year old victim is gay, although the victim and witnesses did not initially believe that his sexual orientation was the motivating factor in the assault. Witnesses reported hearing the suspects shouting gang terms.

The day after the attack, two of the victim's friends, who are also gay, went to the sherrif's office with a witness, and suggested that they believe the victim's sexual orientation may have been the motivating factor for the attack. One of the suspects allegedly made sexually derogatory statements both before and during the assault, leading authorities to believe the assault was motivated at least in part by the victim's sexual orientation.

Continue reading "Sonoma Police Make Second Arrest in Alleged Hate Crime" »

A new year brings new laws with it. Here's a breakdown of some of the new laws that will affect criminal defense in California.

No more option for a urine test if suspected of DUI
The former law gave drivers the option of choosing between a urine test and a blood test if they were suspected of driving while impaired by drugs. Now the implied consent law demands that drivers submit to a blood test if the arresting officer suspects drug use. A urine test will only be an option if no blood test is available or the person is exempt from a blood test for another reason (such as being a hemophiliac). If the officer only suspects that alcohol led to the impaired driving, then a driver will still have the option to submit to a breath or blood test. Remember, anyone who refuses to take a test will have their driving privilege suspended for at least one year.

Sexual assault and domestic violence victims who refuse to testify can get counseling
Existing law says that if the victim of a sexual assault or domestic violence comes to court and refuses to testify, he or she can be held in contempt, but cannot be jailed for that contempt. The new law says that after the victim refuses to testify, but before being found in contempt, the judge may refer the victim to a domestic violence counselor for a consultation. It will be interesting to see if the counselor that the judge refers the reluctant victim to is an advocate employed by the prosecution. Those advocates would almost certainly encourage the victim to testify and not support their decision to remain silent, regardless of the reason.

Ban on carrying unloaded long guns in public
Why someone would ever want to walk around showing off an unloaded rifle or shotgun is up for debate. But now California has made it clear: you can't do it, and if you do, it's a misdemeanor. There are exceptions to the new law, including exempting those involved with gun shows, target shooting, and hunting. You can still parade around with your favorite long barrel gun on private property with the owner's permission.

Continue reading "New Laws for 2013, Part One" »

Law enforcement has used sobriety checkpoints in California since the 1980's. In recent years, waves of DUI/driver's license checkpoints and DUI roadblocks have become commonplace in Sonoma County and throughout California. Beginning on December 14, law enforcement agencies throughout Sonoma County launched their annual "Avoid the 13" campaign to step up enforcement of DUI laws. Saturation patrols and DUI checkpoints will be in effect throughout the New Year's weekend.

Some may wonder how stopping a driver without reasonable suspicion that a law was violated is constitutional. The Fourth Amendment of the United States Constitution calls for all to be free from unreasonable search and seizure. Why should a sober driver who has broken no laws be subject to police interrogation? Courts around the country have tackled this question in the past few decades. Proper checkpoints have been upheld as constitutional because when government can show they are conducted for the purpose of deterring crime, not for the purpose of enforcing criminal laws.

Limitations of DUI Checkpoints
The California Supreme Court has placed "certain limitations" on DUI checkpoints. Law enforcement's failure to comply with the limitations could invalidate a DUI arrest. If the stop or arrest is ruled unlawful, the entire case can be dismissed. The guidelines that the courts have said law enforcement must adhere to in conducting DUI checkpoints are:

Continue reading "Tis the Season for DUI Checkpoints in Sonoma County. But are they legal?" »

San Francisco 49ers special teamer and two-way player Demarcus Dobbs will not travel with the team to St. Louis this weekend due to an arrest early Friday morning. A California Highway Patrol spokesman told CSNBayArea.com that Dobbs, who turned 25 on Friday, was involved in a single car accident in Santa Clara at 3:45 a.m. CHP suspected he was under the influence of alcohol and was also arrested for possession of marijuana. Dobbs was not injured in the crash.

The court process
Dobbs will likely be given a court date next month in Santa Clara County. If he retains an attorney, he will not need to appear in court because the charges are misdemeanors. Dobbs would be wise to retain an attorney right away because if he was issued a notice of an Admin Per Se (APS) suspension, he only has 10 days from the time of his arrest to request a DMV hearing to fight the upcoming suspension of his driver's license. At the arraignment, his attorney would receive copies of the police report. After reviewing the reports, the attorney may want to investigate the crash, inspect the records of any alcohol testing device used, criticize any field sobriety tests, and seek to suppress any damaging statements Dobbs may have made. Ultimately the attorney will determine if the prosecution can prove that Dobbs was truly the driver when the car crashed and if his blood alcohol level was above .08% at the time of the accident.

If Dobbs is convicted of DUI, he faces a hefty fine, the suspension of his driving privilege, a DUI education program, and jail time. In all likelihood, Dobbs will never see the inside of a jail cell for this case. Any jail time imposed would probably be converted to a work program or community service.

Continue reading "49er arrested for DUI and marijuana possession will not play this weekend" »

Two landmark criminal justice initiatives were on the ballot November 6, and California voted for an interesting split decision on reform. Voters upheld the California's costly death penalty, but decided to reform the Three Strikes Law. Proposition 34, which would have replaced the death penalty with life without the possibility of parole, was defeated 52.8% to 47.2%. Had the death penalty been abolished, California would have saved $130 million a year by eliminating costly capital trials and their lengthy appeals. If Proposition 34 passed, $100 million a year would have gone to local police agencies to help solve cold murder and rape cases. On the other hand, Proposition 36, a ballot initiative to reform part of the Three Strikes Law, was easily approved 68.6% to 31.4%. The new law will require that only murderers, rapists, and child molesters will receive life in prison if their third "strike" is not a serious or violent felony. Those offenders with two strikes on their record who are convicted of a new non-violent, non-serious felony will no longer be subject to 25 years to life, but will still face lengthy state prison sentences. California will save $70 million annually from this reform in the Three Strikes Law.

Sonoma County voters favored abolishing the death penalty
In Sonoma County, 56.6% of voters favored Proposition 34 and 43.4% voted against it. In the past decades, the Sonoma County District Attorney's office has been mindful of its citizens' stance on the death penalty and has only elected to pursue capital punishment for the most extreme and heinous of murders. The last Sonoma County criminal sentenced to death was Robert Scully, who was convicted of the 1995 murder of Sonoma County Sheriff's Deputy Frank Trejo. Other notable Sonoma County death sentences from the 1990's were Richard Allen Davis and Ramon Salcido. Any time a person is charged with murder with special circumstances, the District Attorney has the option of pursuing the death penalty or life without the possibility of parole. The Sonoma County District Attorney's office has successfully convicted numerous defendants of murder with special circumstances and had them sentenced to life without the possibility of parole. By avoiding expensive and lengthy capital trials, the Sonoma County District Attorney's office has brought killers to justice more quickly and at less expense to the tax payers. A sentence of life without the possibility of parole goes through the appellate process much faster than a death sentence, which could bring a sense of finality of victim's families sooner.

Continue reading "California voters decide to keep the death penalty, but overwhelmingly favor Three Strikes Law reform" »

In the early morning hours of Wednesday, October 24, Bobby Brown was arrested in Los Angeles on suspicion of DUI. An LAPD police spokesman reported that the officer who stopped Brown smelled a "strong odor of alcohol" when he approached Brown's car. No information about his blood alcohol level has been released. Brown was released from jail about seven hours later after posting $25,000 bail. His next court date is set for November 16. Brown was arrested in March of this year for DUI and later pled no contest to driving while his blood alcohol level was above .08%. Brown rose to fame in the 1980's as a member of New Edition before leaving the group to begin a successful solo career. As his singing career faded, Brown became more well known for his bad behavior and his marriage to the late Whitney Houston.

Punishment for a second DUI in California
Since this is Brown's second DUI arrest this year, the DA will likely charge the case and seek punishment as a second DUI. Anyone in California who is convicted of a DUI within 10 years of their last DUI conviction will be charged with a "second DUI." A second DUI is a misdemeanor, but it carries a mandatory minimum of 10 days in jail and a maximum of one year in county jail. In Sonoma County, sentences for a second DUI are typically between 30 and 45 days. Brown is still on informal court probation for his first DUI, so he also faces a violation of probation that could add more jail time to his sentence if convicted. Brown was convicted of a DUI in Georgia in 1996, but because that conviction is more than 10 years old, this new arrest cannot be legally considered a "third" in California. However, the DA and judge may consider that case and a string of other legal troubles when setting a sentence.

Continue reading "Bobby Brown faces second DUI of the year" »

The number of teens who drink and drive dropped by over half in the last 20 years according to a report released earlier this month by the Center for Disease Control and Prevention (CDC). From 1991 to 2011, self-reported drinking and driving among high school students over 16 years of age declined by 54%, from 22.3% to 10.3%. Although this decline is positive news, teens are still drinking and driving in shocking numbers. "Almost a million high school teens aged 16 and over drove after drinking alcohol in 2011 and we calculate that high school teens were responsible for about 2.4 million episodes of drinking and driving a month," said CDC Director Dr. Thomas R. Frieden. Motor vehicle crashes are the leading killer of teens in America. In one in five fatal crashes involving teens, the drivers had a measurable amount of alcohol in their system.

Changes in laws in California and nationally contributed to the decline
The CDC credits policy developments since the 1980s for reducing alcohol-involved fatal crashes among teens. Those policies include raising the minimum drinking age to 21 in all 50 states, zero tolerance laws for drinking and driving while under 21, and graduated driver licensing. While graduated driver licensing does not specifically target drinking and driving, it curbs risky behavior by banning the transportation of other teens and driving late at night. The CDC reports that a decline in driving by teens may have contributed to the overall drop in instances of drinking and driving. From 2000 to 2010, the number of high school seniors who did not drive during an average week increased from 15% to 22%. The CDC opines that two factors may have impacted this drop: graduated driver licensing systems and increased gasoline prices.

Continue reading "Teenage drinking and driving declines 54 percent in the past two decades" »

On September 26, approximately 150 officers from the Sonoma County Sheriff's Office,
Santa Rosa Police Department, F.B.I., Safe Streets Task Force, Homeland Security and California Highway Patrol, among others, served 33 search warrants on homes in southwest Santa Rosa in the area of Mooreland Avenue and Bellevue Avenue. Sonoma County Sheriff's Lt. Dennis O'Leary told the Santa Rosa Press Democrat "Our goal is to go in there to rid the neighborhood of these, what we think are probably illegal grows." After raiding 33 homes, law enforcement arrested 15 people and seized around 1,150 plants and 96 pounds of processed marijuana. It remains to be seen how many of those gardens turn out to actually be illegal.

Many people in Santa Rosa and throughout California grow marijuana within the confines of state law and county guidelines. Authorities who participated in the mass raids on September 26 have not released any further information regarding why they thought these gardens were illegal either before or after the raids. A helicopter surveyed the neighborhood from above and deputies saw backyard grows. But how does one tell from the air what is illegal and what is not?

Sonoma County and California authorize the cultivation of medical marijuana
California enacted the Compassionate Use Act following the passing of Proposition 215 in 1996. The Compassionate Use Act was codified in Health and Safety Code section 11362.5 which states that the laws relating to the possession and cultivation of marijuana "shall not apply to a patient, or to a patient's primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician." In Sonoma County, a qualified patient or a primary caregiver can possess up to 30 plants not to exceed a 100 square foot canopy and up to three pounds of processed marijuana each year. Since 2004, the law also allows qualified patients and caregivers to act collectively or cooperatively to grow or possess marijuana.

Continue reading "Law enforcement raids 33 homes in Santa Rosa looking for illegal marijuana gardens, but how many were really illegal? " »

On November 6, California voters will consider Proposition 34, a ballot initiative that would end the death penalty and replace it with a life sentence without the possibility of parole. In California's lean economic times, the debate around Prop 34 has been framed not around the morality of capital punishment, but by the cost savings that abolishing the death penalty would accomplish.

The effect of Prop 34
If Prop 34 wins, the death penalty would be abolished and replaced with the sentence of life without the possibility of parole. A sentence of life without the possibility of parole (LWOP) means that convicted killers would never face a parole board, would never have a chance for release, and would be guaranteed of death behind prison walls. The sentences of those currently condemned to death would be converted to LWOP. With the death penalty abolished, death row would also be a thing of the past. Those formerly condemned inmates in many cases would be reintroduced to the general population. They would be required to work in the prison like other inmates and have their prison wages garnished to go to their victims' families as restitution. If Prop 34 passes, the state would give $100 million to the SAFE fund (Savings, Accounability, and Full Enforcement) over the next four years to help local law enforcement agencies solve rapes and murders.

California could save $130 million per year by abolishing the death penalty
The California Legislative Analyst's Office, a non-partisan agency which provides fiscal and policy analysis, estimates that the passing of Prop 34 would save California $100 million annually in the first few years. In time, that savings would increase to $130 million per year. Part of that savings will be used to fund SAFE.

Continue reading "California voters could decide to end the death penalty in November " »

Mirroring trends across the state and country, Santa Rosa and Sonoma County have seen prescription drug abuse rise, and an alarming number of young abusers are turning to a cheaper high: heroin. Abuse of prescription painkillers such as OxyContin, Vicodin, Norco, and Percocet has reached epidemic levels in the last decade, according to the Center for Disease Control. Between 1999 and 2008, the number of deaths attributed to prescription painkiller overdoes more than tripled to 15,000 a year, more than the total for heroin and cocaine combined.

In recent years, celebrities such as Whitney Houston, Michael Jackson, Heath Ledger, and Anna Nicole Smith have all died as a result of prescription drug overdoses. Unfortunately, this epidemic of prescription drug abuse appears to have hit young adults and teens particularly hard. Among youth who are 12 to 17 years old, 7.4 percent reported past-year nonmedical use of prescription medications. According to the 2011 Monitoring the Future survey, prescription and over-the-counter drugs are among the most commonly abused drugs by 12th graders, after alcohol, marijuana, and tobacco. Most teens and young adults obtain prescription drugs from friends and family members. Often time, a relative may not even know that a young person is stealing their prescriptions.

Continue reading "Young prescription drug abusers are turning to heroin" »

California Proposition 36, the Three Strikes Reform Act, would modify the existing three strikes law if passed by voters in November. The initiative calls for shorter sentences for some third strikers and resentencing for some current third strikers. Prop 36 would revise the three strikes law to impose life convictions only if the new felony ("third strike") is serious or violent. Offenders currently serving life sentences for a crime that was not a serious or violent felony could be resentenced if a judge determines that the offender does not pose a risk to public safety. Persons who were previously convicted of murder, rape, or child molestation will not benefit from the change in the law. Those offenders will still be subject to life sentences for any new felony.

The passing of Prop 36 would bring more equitable sentences and could save California $100 million annually
According to a report from the California State Auditor written in May 2010, inmates incarcerated under the three strikes law (striker inmates):

• Make up 25 percent of the inmate population as of April 2009

• Receive sentences that are, on average, nine years longer-resulting in about $19.2 billion in additional costs over the duration of their incarceration

• Include many individuals currently convicted for an offense that is not a strike, were convicted of committing multiple serious or violent offenses on the same day, and some that committed strikeable offenses as a juvenile

Continue reading "November ballot initiative Proposition 36 could reduce prison sentences for some Sonoma County and North Bay offenders" »