San Diego Criminal Attorneys Blog

In San Diego, Matt Bush, former San Diego Padres number one draft pick who was traded to Toronto, was arrested in Mission Valley and booked into the Central Detention Facility on driving under the influence (dui), driving on a suspended license, vandalism and resisting arrest charges.

San Diego Police were investigating a road rage incident and when they contacted Mr. Bush he was acting erratically. Unfortunately,the dui arrest comes just weeks after Bush pleaded guilty to a drunken assault at Granite Hills High School that occurred in February.

Mr. Bush is going to need an experienced criminal defense attorney knowledgeable in DUI representation to help him out of this pending case and the violation of probation assault case.

Former Padres Player Matt Bush Arrested Again, 10 News.com, June 30, 2009

It's no surprise, we all knew that Mr. Bernard Madoff would get the maximum sentence of 150 years behind bars, not the 12 years his lawyer was requesting, for bilking and defrauding thousands of investors to a tune of $13.2 billion dollars. Simply, the 71 year old Madoff will die in prison.

U.S. District Judge Denny Chin described the fraud scheme as an "extraordinary evil" and the lengthy prison term was meant to symbolically fit the multi-billion dollar fraud committed on his victims. Mr. Madoff did make a statement at his sentencing hearing apologizing calmly to those in attendance. "i will turn and face you, I'm sorry. I know that doesn't help you."

Mr. Madoff's wife, Ruth, also jumped in on the media frenzy and made a statement that she too was also misled by her husband. "I am embarrassed and ashamed...Like everyone else, I feel betrayed and confused."

Mr. Madoff claims he was acting alone in the ponzi fraud scheme but law enforcement's investigation continues and it is more likely than not that at least 10 more people are going to face federal criminal charges. These persons better hire competent counsel experienced in white collar crimes or their sentences may be as severe as Mr. Madoff's.

Judge Chin indicated he would recommend a prison faciity in the Northeast but explained that it was up to the Federal Prison Officials to determine the exact facility where Mr. Madoff will be housed.

This sentence hearing ends the Madoff saga for now but be rest assured appeals and other motions will be made!

Madoff gets maximum 150 years in prison, North County Times, June 29, 2009

San Diego County Sheriff Deputy in Encinitas pepper sprays and arrests a 60-year-old hostess of an event for U.S. Congressional candidate Francine Busby.The sheriff deputy claims that Shari Barman became combative with a deputy who was at the fundraising event to investigate a noise complaint. Wild and crazy 60 year old!!

Francine Busby said the gathering was not loud and described the deputy's use of pepper spray on Ms. Barman and guests as "shocking." Ms. Busby plans to challenge Republican U.S. Rep. Brian Bilbray for his 50th District congressional seat in 2010. Bilbray beat her out for the open seat in 2006. Politics involved?

Who was responsible for the confrontation's escalation? I'm sure the sheriff deputy will say that Ms. Barman was responsible for the escalation but hopefully a full investigation will reveal the truth! I find it hard to believe a crowd of mostly middle-aged persons at a political fundraising gathering are going to escalate a situation with a sheriff deputy investigating a noise complaint! This investigation won't go away!

If you host a party beware! In Fallbrook, a rural city in north San Diego County, a 46 year old mother of three was arrested after she dropped off an extremely drunk teenager at Fallbrook Hospital. San Diego sheriff deputies arrested Deborah Gibney for violating the county's social host ordinance, child endangerment and obstructing an officer. Ms. Gibney denies that she provided any alcohol to the party goers.

Ms. Gibney claims that dozens of booze-toting teens had swarmed her home, turning what she described as an innocent end-of-the-year celebration into a drunken blowout. She didn't want to call the Sheriff's Department because she doesn't trust Fallbrook sheriff deputies, who she believes routinely harass teenagers. She has had the party for eight years without an incident. This case and charges will not go away without a fight and Ms. Gibney is going to need an experienced criminal defense attorney.

The house party law imposes civil and criminal liability on adults who host private parties and fail to stop persons under 21 from consuming alcohol when they know or should reasonably know they are drinking alcohol. It's a misdemeanor offense and violators can be punished with up to six months in jail and fines of up to $1,000. If you find yourself in this situation its probably best to shut down the gathering and request that the party goers leave your residence.

FALLBROOK: Mom arrested after teen party says she did nothing wrong, North County Times, June 28, 2009.

Another road rage incident in San Diego. Violent crimes seem to be increasing in San Diego County especially in the North County. Every day I read incidents of robberies, stabbing and now another road rage case where an 18 year old driver was attacked by another driver with a baseball bat.

The 18 year old driver was driving home from a friend's house in the early hours (2:27a.m.) when he and the other driver engaged each other in a vehicle confrontation while driving. The young man pulled over and was attacked by the other driver with an aluminum baseball bat. He was treated at a hospital for non-life threatening injuries.

Please protect yourself and make good choices in these situations. It's never a good idea to engage in road rage confrontations while driving and do not pull over and exit your car as you never know who you are engaging! However, if you are arrested for reckless driving or road rage incident, please call my firm to talk to a criminal defense attorney who is experienced in defending these charges.

Continue reading "Violent Crime Road Rage in San Diego" »

Escondido police officers along with San Diego County sheriff and probation officers conducted outstanding warrant service on 47 probationers and arrested 34. The service of the outstanding warrants started at 6:00a.m. and went through the night and fanned across San Marcos, Escondido and surrounding San Diego county areas.

The majority of the warrants were for misdemeanor cases but a few felony warrants were also served. Arrest warrants are usually in the form of a bench warrant issued by a judge for the defendant not complying his or her terms or conditions of probation.

Probation terms often include affirmative steps that must be completed by the defendant, i.e. complete a drug program or pay a fine; and other terms to preclude conduct that the defendant can not engage in. For example, don't don't drive a car without a drivers license or valid insurance. If the defendant does not due what he or she is supposed to do or does something he or she is not supposed to do, then a warrant can be issued for their arrest.

Continue reading "Escondido & San Marcos Warrant Sweep Nets 34 Arrests" »

Outrage of the week! Not the ruling by the United States Supreme Court but the complete and utter disrespect by Arizona school officials for the 4th Amendment of the United States Constitution to be free from unreasonable searches and seizure.

School officials thought it was OK to strip search a female student,13 year old teenager Savana Redding, to find prescription strength ibuprofen, basically one pill with the strength of two Advil's. School authorities were allowed to search her backpack and outer clothing but went way to far in searching her underwear. The U.S. Supreme court held that educators cannot force children to remove their clothing unless student safety is at risk.

School officials only need reasonable suspicion, not probable cause, to search a student for contraband not allowed on school grounds. However, the search of the student must be limited in scope. In Ms. Reddings's case there were no facts suggesting she was a danger to other students or that she was actually possessing the pills in her underwear. Because of these deficiencies, her search was unreasonable under the 4th Amendment.

Ms. Redding was asked by a school nurse administrative assistant to take off her shirt and pants when nothing was found in her backpack. She was then told to move her bra exposing her breasts and to stretch her underwear waistband exposing her pelvic area. No pill was was found!

Unfortunately, the Supreme Court stated that the school officials could not be held civilly liable for their actions-unlawful search. However, Ms. Redding could still pursue a suit against the school district. Several States including California do not allow strip searches of their students. This ruling won't be the last word on this case!

San Diego executives Sterling Pirtle and Ronald Fisher plead guilty to federal charges of conspiracy to commit bank fraud and tax evasion. Both Fisher and Pirtle were principles in the business, Commercial Money Center, now bankrupt, which would sell lease pools to banks that contained $70 million in fraudulent leases.

Nationwide, the company received more than $300 million through its sale of fraudulent leases.The business' main location was in Escondido but also had offices in Las Vegas and Florida. Each admitted that they failed to pay personal income taxes of one million dollars on money they received through their company. Fisher's son, mark Fisher, and daughter, Kelly Fisher, previously plead guilty to conspiracy and or tax evasion charges for their involvement in the bank fraud.

$70-Million Bank Fraud Catches Up to Two Businessmen, The San Diego 6 CW, June 26, 2009

Both Pirtle and Fisher will be sentenced in November and face prison commitments. Fisher's daughter, Kelly, was sentenced to prison back in 2007. Again, bank fraud and white collar crimes are on the rise. A knowledgeable and competent criminal defense attorney can defend these type of charges and reduce the charges and or sentence.

Insane?! Carlsbad Murder suspect, Dennis Gluck, is headed to Patton State Hospital for up to three years or until he regains his mental competency. Mr. Gluck is accused of hacking his parents, Harry and Jean Gluck, to death in their bedroom on January 18th with a bladed instrument.

San Diego Superior Court judge Maguire, suspended the criminal proceedings including the two murder charges after reviewing a psychological doctor's report. Technically, Mr. Gluck could face the death penalty if his competency is restored due to the special multiple murder allegation.

Mr. Gluck fled to Mexico after the murders and was later captured about six weeks later. Although, he had previous threats and aggressive behavior towards his parents, he had none recently while living with them. A layperson may question, if he was smart enough or of sound mind enough to flee to Mexico after the killings, how could he be insane for court?

Mental competency is a complicated area in the criminal defense process which is often simplified and incorrectly portrayed in the movies. In California, under Penal Code sections 1367 & 1368, a person is mentally incompetent if as a result of mental disorder or developmental disability, he or she is unable to understand the nature of the criminal proceedings or to assist their criminal defense lawyer in the conduct of a defense in a rational manner. Legally, the term insane is not used! A competent criminal defense attorney can assist those defendants that may have competency issues.

Internet and computer crimes are on the rise! In San Diego County local law enforcement officers and a special task force raided several internet cafe's including one in Oceanside that allegedly offered its customers illegal gambling.

Oceanside police officers served a search warrant on Lucky Bob's Internet Cafe on Friday June 26, 2009 on Mission Ave. In San Diego other locations raided were Cafe Hong Hung, Phnom Penh Video, '08 Wireless, and Cafe 2000.The Attorneys General's news release claims the small businesses were operating slot machines and computer gaming which are computer crimes.

Lucky Bob's advertised that their patrons could win more than eighteen thousand dollars in "instant cash sweepstakes." Oceanside police did not arrest anyone at Lucky Bob's but did confiscate gambling equipment. However, in San Diego, police arrested two people and seized more than $11,000.00.

The investigation began in early June when undercover agents would pose as internet cafe customers and played various Las Vegas type games on computers. The evidence and information the investigators gathered most likely established the "probable cause" for the search warrants used during the raids.

OCEANSIDE: Internet cafe's games may be illegal, North County Times, May 19, 2009

In San Diego County a DUI checkpoint is set for Oceanside on Saturday night! It's always better to not drink alcohol and drive! If you go out partying, please have a designated driver, call a cab or my law firm! We can arrange a ride home for you!

A DUI sobriety checkpoint is scheduled for Saturday, June 27th, from 9:00pm to 3:00am at an undisclosed location in Oceanside. As all DUI checkpoints, their goal is to limit and or reduce the number of drunk drivers on the roadways to prevent injury accidents and even fatalities.

Although the goal of DUI checkpoints is honorable, they must be set up and administered in conformity with the law which requires strict guidelines. A competent criminal defense DUI attorney understands the intricacies in the constitutionality of DUI checkpoints. If the DUI checkpoint is not set up or administered to the constitutional standards, then it's an unlawful seizure of the driver and occupants and they should have all evidence seized suppressed and not used against them.

OCEANSIDE: DUI checkpoint planned Saturday night, North County Times, June 24, 2009.

Continue reading "San Diego DUI Checkpoint In Oceanside on Saturday Night" »

In San Diego County and elsewhere theft and identity theft cases are on the rise. Recently, in the Vista Superior Court, Juanita Williams plead guilty to commercial burglary and other identity theft charges and is looking at a thirty-two month prison sentence.

Ms. Williams charged about $10,000 dollars worth of computer equipment and other office supplies to the Vista Chamber of Commerce by posing as a Chamber of Commerce representative.

San Diego Sheriff Deputies in the financial crimes unit were investigating the unauthorized charges after Chamber officials reported a series of unauthorized purchases on their Staples account.

During their investigation, San Diego Sheriff Deputies learned that Ms. Williams had fraudulently bought computer hardware, software and prepaid gift cards from retail stores in San Diego, San Marcos, Vista and Hemet by providing identification numbers, passwords and similar data thereby convincing the retailer's she was an approved buyer.

San Diego & Oceanside California Highway patrol officer Abram Carabajal, now retired, was held to answer after a preliminary hearing in San Diego Superior Court, North County, Vista, [need to upload link legal resource page] before Judge Runston G. Maino. Mr. Carbajal has been charged with three felony counts of accepting a bribe, conspiracy to obstruct justice and perjury.

The three felony charges stem from an alleged fix my traffic ticket in exchange for sex back in 2006. An Encino woman, Shirin Zarrindej, allegedly conspired with former CHP officer Carabajal to have her traffic ticket dismissed in exchange for sex. Ms. Zarrindej has a prior conviction for bribing a Los Angeles police officer back in 1998 in a prostitution case at which time she served 60 days in jail.

On July 1, 2008, the two met a Oceanside hotel after Carabajal lied in court to get the speeding ticket dismissed. Ms. Zarrindej who is also being charged in the same case is claiming that she was a victim to Officer Carabajal's sexual advances and that there was insufficient evidence she conspired with or bribed him.

CHP officer accused in sex-for-ticket fixing had prior troubles, June 24, 2009, North County Times

The old saying "you can run, but you can not hide" came true to convicted sex offender and his girlfriend. A fugitive sex offender, Robbi Potter, and his girlfriend, Candace Watson, were arrested in Valley Center in San Diego County. The couple and Ms. Watson's pre-school aged daughter, Haylee Donathan, fled Ohio and began residing in Valley Center about one week ago.

A local rancher recognized the three persons from information on a digital billboard in Las Vegas and then called the police. Mr. Potter and Ms. Watson were arrested without any altercation.

This case grabbed National attention on CNN and was aired on America's Most Wanted on June 13th. Mr. Potter is in San Diego Federal custody on probation violation allegations while Ms. Watson has an extradition hearing in State Court on the Ohio arrest warrant for aiding and abetting Mr. Potter's disappearance. Mr. Potter will need an experienced criminal lawyer knowledgeable in sex crime cases. Likewise, Ms. Watson is also looking at federal charges for aiding in Mr. Potter's escape.

Haylee is currently in the San Diego Child Protective Custody who are looking to reunite her with extended family in Ohio.

Carlsbad Police are investigating the death of 16 year old, Scott Roberts, found in a Carlsbad home on June 23rd. Police were called to the residence by a friend who had been drinking alcohol with Mr. Roberts at the home. Foul play does not appear to be a factor and no adults were at the home to supervise the minors. No arrests have been made pending the investigation.

Toxicology results have found that Mr. Robert's blood alcohol concentration was over .35% which is four times higher than the legal limit for adult driving under the influence (dui) cases. The zero tolerance laws for alcohol and minors driving under the influence cases is .01%.

This is an unfortunate death that could have been avoided with proper alcohol consumption education and adult supervision. Criminal and civil liability may be found depending on the circumstances surrounding Mr. Robert's death. A skilled attorney will be able to protect their criminal and civil rights.