"...will aggressively fight for you as if you were his family..." H.Y.
June 17th, 2009
A groundswell of support has sprung forth for a Milpitas High School youth who was ordered barred from participation in graduation ceremonies as a result of breaking up a fight. The San Jose Mercury reports that school officials are sympathetic, but cannot make exceptions to school health and safety rules.
Brenda Ann Spencer’s shooting spree on a San Diego elementary school campus in 1979 culminated in the creation of the Right to Safe Schools Amendment to the California Constitution with the 1982 passage of Proposition 8. Sweeping changes in California’s school culture followed. Now after years of change it may be time for reflection. Are our kids really at greater risk of death or great bodily harm as we send them off to school every morning than historically? Have we unnecessarily changed our attitudes about the culture of school environments being primarily learning environments, to the now zero tolerance environments akin to jails that apparently exists on one Milpitas High School campus, because of isolated incidents? Have we excessively employed the use of Law (rule) Enforcement on school campuses in the name of safety, at the expense of our young having the opportunity to experience, play, adapt, and most importantly, learn?
Should California school culture continue to revolve to such an extent around Law (rule) Enforcement?
If you or someone you know has questions regarding criminal justice issues and youth please contact the San Jose criminal lawyers at the Law Offices of Bernard P. Bray.
June 15th, 2009
Prosecutor’s loss of staff will impact their office’s ability to prosecute crimes. Attorneys will be assigned further cases to their already overloaded caseloads. Specialized units may have to be shut down. Law Enforcement can still make arrests, but without adequate resources, cases cannot be appropriately prosecuted.
Everyone has the right to a fair trial. In order to insure this the United States Constitution requires that an accused person who is charged with a crime and cannot afford to hire a lawyer must be appointed an attorney by the government. While in order to insure equal access to a fair trial indigent defendants are entitled to a Public Defender or appointed counsel, budget cutbacks threaten the availability of Public Defenders and court appointed counsel. Of further concern is that the economic downturn will result in an increasing number of unemployed people needing to rely on Public Defender and court appointed counsel services.
Lack of Public Defender and appointed counsel staffing with result in delays. No one gets a fair trial if they need to wait several months for trial. Further, lack of resource caused delays will drive up incarceration expenses.
Budget cuts and the lack of staff will result in Public Defender and appointed counsel being unable to provide adequate representation to clients. Inadequate representation increases the likelihood that not guilty people will be wrongfully convicted. The expense to the government in reversing a wrongful conviction can be staggering.
If you have questions regarding criminal justice issues contact the San Jose criminal defense attorneys at the Law Offices of Bernard P. Bray.
June 12th, 2009
Compelling statistical data compiled by the San Jose Mercury News from 2007 has established that San Jose Police cited and arrested more people with public drunkenness than anywhere else in the State. A disproportionate number of those arrested were Latino, relative to their representation in the general population.
The fact is that notwithstanding the legitimacy and policy considerations behind such arrests, right or wrong, these arrests carry the devastating stigma of a criminal arrest, and impact an arrestee’s life with potential lifelong negative consequences. And oftentimes, these arrests are resolved informally by way of an arrestees’ participation in A.A. meetings, or other counseling. This is an obviously more preferable route to proceed for many arrestees, even the innocent ones, when faced with the prospect of time consuming, expensive, and stressful court appearances.
In response to growing complaints about the disproportional high level of arrests at large, and of Latinos, in particular, the San Jose City Council voted on June 2, 2009 that San Jose Police not charge people with being drunk in public until the sixth offense within a twelve month period.
If you or someone you know has questions regarding criminal charges contact the San Jose criminal lawyers of the Law Offices of Bernard P. Bray.
May 26th, 2009
A convenient, although not necessarily economically feasible, method of posting bail, and securing release from jail following an arrest is the posting of cash bail in the amount indicated in the order admitting one to bail. In Santa Clara County this is generally accomplished by delivering a cashier’s check to the Santa Clara County Sheriff’s Department booking office.
Another method of securing release from jail is by posting a property bond. Real Estate equity is allowed as bail when its value is equal to twice the amount of any required cash bail. This method will require the filing of an appraisal and a preliminary title report with the court. Further, at least one court hearing, perhaps more, will be required.
A person may also be released from jail on his or her own recognizance, no bail required, in the court’s discretion. That discretion is most likely to be exercised in order to keep the jail population within the confines of Federal Court orders regarding overcrowding. In Santa Clara County there is an office of Pre-Trial Services that handles all own recognizance release recommendations to the court. As with bail, an own recognizance release may require conditions such as surrender of a passport to the court, maintaining periodic contact with a pretrial services officer, and others.
The most convenient method of securing release from jail, and the one most often used, is by posting bail through a bail bonds person. Bail bond agents will generally require a premium equal to 10% of the required bail, although the premium amount is negotiable. Tying up real property as potential collateral is also generally required.
If you need advice regarding bail, or wish a referral to a reliable and competent bail bond agent that offers negotiable premiums, call the San Jose Criminal Defense Lawyers at the office of Bernard P. Bray.
May 24th, 2009
The Obama Administration has demonstrated through its Home Land Security Secretary Janet Napolitano that it is in line with the Bush administration on some immigration issues, and has made deporting immigrants who have committed crimes a top priority. The Administration is in the process of instituting immigration status checks of virtually every person booked into local jails nationwide. This will undoubtably, ultimately, result in a dramatic increase in deportation proceedings. Historically, this checking was only done for persons committed to state prisons and Federal institutions.
There are many crimes referred to in the nomenclature as “aggravated felonies”, convictions for which will result in automatic deportation for the non-citizen. The list of such crimes includes many misdemeanors, although misdemeanors are generally meant to encompass less serious or dangerous crimes than those crimes traditionally designated as felonies.
Aggravated felonies include any crime of violence for which a jail term of at least one year is imposed, theft crimes for which a jail term of one year is imposed, drug sales, firearms offenses, violence crimes including domestic violence offenses, offenses resulting in a loss in excess of $10,000.00, most sex offenses, and a vast list other crimes.
There are many offenses conviction for which will still allow the non-citizen to apply for waivers to deportation, rather than face automatic deportation, but there are no exceptions to deportation for persons convicted of an aggravated felony. When faced with a criminal charge, no matter what the charge, the non-citizen is well advised to seek out the assistance of competent criminal defense counsel immediately.
If you or someone you know is facing this situation contact the San Jose Criminal Defense Lawyers of The Law Office of Bernard P. Bray.
