Drug Arrests Down While Property Crime Rises

Under California’s new Proposition 47 law, offenses that once were major felonies have been downgraded to misdemeanors. Offenders who once would have gone to jail for drug possession and theft, are now facing mere warnings and possible fines.

Proposition 47

Proposition 47 was signed into law on November 5, 2014. It has resulted in major changes to the California criminal justice system, some of which have been quite unexpected. The original concept behind the law was to reduce the amount of time nonviolent offenders spent behind bars, and steer penalties for minor offenses towards rehabilitation rather than punishment.

This would also, it was thought, ease the overcrowded conditions in jails. In this, it has succeeded. Inmates suffering county sentences are now serving full sentences since overcrowding has subsided. This means fewer convicts are getting early release.

Fewer Arrests

What has also resulted, however, are fewer arrests for small crimes. Police are viewing arrests for misdemeanors as wasted time, and drug crime lawyers are seeing clients get off with no punishment when they are arrested.

This has had the effect of reducing drug arrests by nearly a third in the city of Los Angeles, and almost 50% in LA County. Those drug offenders that are arrested face warnings and slap-on-the-wrist sentences with no jail time, leaving them free to escalate criminal activity.

Unused Alternatives

While the law provides for the savings gained from reduced incarceration to be put towards drug treatment, mental health and truancy programs, few are taking advantage of these solutions. The increased funding will not go into effect until next year, and many of the convicted simply head back onto the streets.

Project 180, located in downtown L.A., has seen only 27 slots of 62 filled in its court-ordered drug treatment program. Felony prosecutions have slowed, resulting in far fewer referrals.

Property Crime

According to the Los Angeles Times, as narcotics arrests have decreased, property crime has been on the rise, up 7% in Los Angeles and 10% across the county. Motor vehicle thefts saw a 20% increase, vehicle break-ins were up 12%, and retail thefts have increased by the same amount.

Still, despite initial skepticism, criminal justice experts and crime law attorneys remind people that correlation does not equate to causation. It is, they say, too early to draw any conclusions based on the new laws and there could be other factors in play. Time will tell if this new approach works.

If you have been arrested for a drug-related crime, remember that you have the right to an attorney. Be sure that attorney is Lawrence Wolf. For a free consultation, fill out our contact form or call us at [number type=”1″].

New DNA Profiler May Help a Crime Law Attorney Clear the Innocent Faster

There is an exciting development in the world of crime scene investigation. A technologically advanced machine allows law enforcement to obtain a complete DNA profile in just two hours’ time. This development is beneficial to any crime law attorney in Los Angeles and an innocent suspect.

Current DNA Profiling System is lacking

At present, to receive a DNA profile the majority of law enforcement agencies in California has to ship their evidence to the state crime lab. This process can take weeks or even months. During that time, an innocent person may be incarcerated or the suspect may have already been released.

Lengthy Wait for DNA Profiling Results is a Thing of the Past

The Alameda County Sheriff’s Department has in its possession an innovative machine that allows a suspect’s DNA to be processed faster than ever before. This machine will make substantial changes in the way criminal law in Los Angeles analyzes many DNA samples. Integer is responsible for creating this amazing equipment.

The name of this new human DNA identification system is RapidHIT. According to Bob Schueren, who is the CEO of Integer, this on-site machine generates a DNA profile identical to profiles generated in a forensic lab. With RapidHIT, a DNA profile is available in just two hours time. Schueren states that identifying a known offender while still in custody should save law enforcement a lot of time on investigation and follow up. It may even thwart other crimes.

The Process

The process is simple. A swab is used to collect a DNA sample from a suspect. The swab is then loaded into the machine. Information obtained from the swab is immediately compared to saliva, skin, hair and semen samples from unsolved crimes, as well as the profiles of previous offenders. The RapidHIT system will definitely make criminal law in Los Angeles more efficient because it has the ability to analyze up to seven specimen swabs at a time.

District Attorney Nancy O’Malley Praises the RapidHIT System

Nancy O’Malley is the Alameda County District Attorney. She states that law enforcement needs to use all the technology available to bring justice to victims. O’Malley says that this technology also has the ability to exonerate individuals who received wrongful convictions, allowing for their release from jail or prison.

She has been working with law enforcement agencies all over the nation in an attempt to relieve the backlog of sexual assault cases. According to O’Malley, a lot of these sexual assault cases have rape kits that still need to be tested. Although the system is unable to analyze the DNA in these sophisticated rape kits, O’Malley believes that with investigators using RapidHIT for other types of DNA testing, state labs can concentrate on analyzing the more than 400,000 rape kits in evidence rooms.

The first RapidHIT equipment arrived at the Alameda County Sheriff’s Department in mid-February. They expect to begin using the new equipment within the next two months. This is good news for every innocent suspect and criminal lawyer in Los Angeles. If you are in or near Los Angeles and need a crime law attorney, contact the law offices of Lawrence Wolf at [number type=”1″] for a free consultation. We are dedicated to protecting your rights.

Proposition 47 Redefines Criminal Law in Los Angeles

Last year, Proposition 47 was approved with a margin of 60-40. All throughout California, human rights activists rejoiced. It seemed like a positive step in the right direction. Proposition 47 introduced less severe sentencing for all non-violent crimes, with the exception of offenders who have a prior record of murder, rape, sex offenses or certain gun crimes. Perhaps the biggest change was that many felonies were re-classified as misdemeanors that would carry a significantly decreased fine. Among these former felonies are personal drug use and stealing.

The goal of Proposition 47 was to enhance the fairness of the criminal justice system in California. However, many say that it didn’t go far enough to accomplish its goal.

A Bandage on the Wound of Crime

The goal of Proposition 47 was to help reform the justice system and alleviate unnecessary strain on the police, courts, criminal law attorneys and prisons. While there has been a significant decrease in narcotic arrests, this isn’t because less crime is being committed. It’s because the new proposition is much more lenient on these crimes. Some say that the new proposition even condones illegal behavior.

One example used to illustrate this point took place on a February 21st investigation of a rundown shack. The police found a glass pipe, which indicates some form of drug usage. Under the old laws, this would more than likely lead to the homeless man inhabiting the shack being arrested. With the proposition, he is left with a warning. What are the chances that he will stop doing drugs after that experience?

While decreasing arrests for non-violent crimes does reduce the pressure on the justice system, it doesn’t do much to put an end to the crimes themselves. Critics of the proposition say that the proposition is more of a bandage on a wound of crime that’s still bleeding profusely. Many criminal lawyers in Los Angeles agree.

The Proposition Needs to Go Further

Instead of neglecting non-violent crimes, or only treating them with small fines, the justice system should take a rehabilitative approach. Work closely with repeat offenders with the goal of ending their criminal behavior. Reclassifying non-violent crimes does help avoid punishing people too harshly, however, it still needs to focus on preventing crimes in the future. Criminals could be placed in a mandated, state run group counseling to help them rehabilitate from their criminal ways.

No legislation is perfect, and Proposition 47 is no different. Criminal law in Los Angeles has been forever changed, but has it been changed enough?

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California Criminal Lawyers Face the Future of Criminal DNA Collection

DNA helps prove guilt or innocence in court, but the collection of DNA raises questions about privacy.

Genomics is a growing field that enables scientists to learn more about individuals, from their familial relationships to behavioral tendencies, based on their genome. DNA can also link (or not link) someone to a crime. The applications are continuing to expand with rapid DNA testing becoming more readily available.

The constantly evolving usage of DNA has led some states, including California, to challenge the current regulations regarding the collection of DNA. Your California criminal lawyers must be able to inform you about your rights regarding DNA collection and how it could impact you.

Cases Regarding DNA Collection

In 2013, the Supreme Court case Maryland v. King ruled that warrantless collection of DNA from arrestees was allowed under state law. Referencing this case, California’s law requiring DNA collection of all individuals arrested for a felony was upheld by the Ninth Circuit Court of Appeals in Haskell v. Harris.

However, this stance changed in late 2014 in People v. Buza. The California Court of Appeal ruled that California’s DNA collection violates the California Constitution. 20% of arrestees brought in on felony charges are later found not guilty, with not many rules regarding the privacy of these individuals’ DNA in place, so it’s no wonder privacy is a concern. The case also pointed out several flaws in the King case:

  • California law applies to anyone arrested for a felony; Maryland specifies burglary and crimes of violence, plus probably cause must be proved
  • The California system for destroying DNA records is slow; Maryland has an automated process
  • Riley v. California determined searching a cell phone is a violation of privacy, but that information isn’t as personal as an individual’s genome

Buza limited the fight to state constitution, since the Supreme Court ruled the collection practices in King legal, but cases cannot be appealed to the Supreme Court if they’re decided solely on the basis of state law.

Looking for California Criminal Lawyers?

The Law Offices of Lawrence Wolf are here to help if you become involved in a criminal case. Navigating your rights and what’s expected of you is easier when you have a professional with over 40 years of experience by your side. Visit the website to request a free consultation or call [number type=”1″].

Crime Falls in LA, But California Criminal Lawyers Still Important

An LA Times article posted on the first of the year reports that, for the second year in a row, overall crime rates in Los Angeles County have been on the decrease. The interesting part of all of this is that nobody–not even police–is quite sure why. Regardless, this decrease in crime is welcome for both police and citizens alike.

Specific Statistics

Specifically, a thorough analysis of crime reports and police records throughout 2014 found that violent crime was down a total of 4% from the year before, property crime was down 7%, and homicide was down by 11%.

It’s interesting to compare today’s crime rates in Los Angeles County to those of just over a decade ago. In 1992, more than 144,000 crimes took place in the area, as opposed to just 70,000 in the past year.

Possible Explanations

Some officials speculate that the decrease in crime in Los Angeles County is simply a reflection of decreased crime rates as a whole across the nation. However, others have different theories as to what has led to the decrease in crime. For instance, some members of the LA County Sheriff’s Office credit the hard work of the sheriff’s department in addition to a greater effort by the community to deter crime.

Interestingly enough, the actual city of Los Angeles saw an increase in crime in 2014. Reports show that for the first time in more than 10 years, the city of LA increased. Specifically, crime rates were up a significant 12%.

Will the Trend Continue?

The good news for those living in Los Angeles County is that this trend of crime decreases has now occurred for two years straight, so the hopes are high that this will continue. However, only time will tell. Some are confident that crime will continue to decrease, whereas others aren’t so sure.

Regardless of the outcome, however, the fact remains that there will remain a need for experienced and dedicated California criminal lawyers in Los Angeles County and throughout the state. This is especially true when it comes to minor offenses and crimes, such as misdemeanors and first-time offenses.

Fortunately, those looking for a California criminal defense lawyer or California misdemeanor attorney don’t have to look too far to find one that’s both hard-working and experienced. Many even offer free initial consultations for those seeking legal advice. At The Law Offices of Lawrence Wolf, you can receive the legal assistance you need in your defense against anything from a drunk driving accusation to a Federal crime. Give them a call today at [number type=”1″] to schedule your consultation.

White Collar Crimes

White collar crime are usually crimes of theft and deception committed by salaried professional people as opposed to other crimes that use force. White collar crimes can be prosecuted at the state level or federal level, or both.

Sex Crimes

There are many types of sexual assault or sexual abuse. Sexual assault, in most states, includes any type of unwanted physical contact with any sexual organ. Most sexual abuse and/or sexual assault crimes are felonies in California.

Domestic Violence

Abuse does not need to occur within the “home” to be considered domestic violence. It can occur outside the home, at work, on the telephone, or even on the internet. There does not need to be any physical evidence of abuse in order to be charged with domestic violence in Los Angeles.

Federal Crimes

Federal sentencing guidelines require that judges must impose pre-determined minimum mandatory sentence and, even though the judges may feel that the sentence is excessive, they have virtually no authority to deviate from those guidelines. See our Federal Crimes legal services here.

Drug Crimes

If you have been charged in California with an offense under the Controlled Substance Act, do not attempt to face the court system without representation from a Los Angeles drug offense attorney who has experience in successfully defending clients charged with drug crimes.