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Archive for the ‘Uncategorized’ Category

Is Marijuana Possession Really Not A Crime in California?

Saturday, January 22nd, 2011

Last November California voters had the opportunity to legalize marijuana possession by way of Proposition 19.  While California voters failed to pass the Proposition, as of January 1, 2011, it is no longer a misdemeanor to possess up to one ounce of marijuana in California for personal use.  It is now an infraction only, the maximum punishment for which is a fine of $100.00.

This change in the law was made effective by changing the classification of the crime of possession of up to an ounce of marijuana form a misdemeanor to an infraction in California Health and Safety Code section 11357 (b), and California Vehicle Code section 23222(b).  As an infraction crime only, persons charged under the amended laws will not be subject to arrest, nor will they any longer be entitled to a jury trial or to an attorney at taxpayer expense.

Keep in mind that while this change in the law is significant, it does not apply when the marijuana is possessed for the purpose of selling it.

If you have questions regarding California’s drug laws, or you or someone you know has been arrested for a drug crime, contact San Jose drug lawyer Bernard P. Bray at: (408) 292-9700.

Is Business Booming for Santa Clara County Vice Cops?

Tuesday, September 14th, 2010

As anyone who has ever perused a copy of the San Jose Metro, or who has ever visited MYREDBOOK.COM already knows, the world’s oldest profession is very alive and well in San Jose and Santa Clara County. 

Santa Clara County Sheriff’s Department Deputy Mike Paresa reported to the San Jose Mercury News last week that an investigation that lasted eight months, and involved more than thirty officers, netted two people that oversaw an alleged prostitution ring headquartered in Santa Clara County.  The ring employed mainly Chinese women that were making $12,000.00 a month.  Sheriff’s Department Lieutenant Joe Walldherr commented that “The way the economy is and how lucrative this is, it’s very common.  We’ll shut one down and there will be 10 of them opening up.  They’re all over.”

Notwithstanding the huge investment of manpower and resources, the Sheriff’s office justified the investigation, in part, because prostitutes can be vulnerable to robberies and sometimes held in the industry against their wishes. 

San Jose Criminal Defense Lawyer Bernard P. Bray has extensive experience handling prostitution cases. He has been successful in asserting defenses based on many theories, including double jeopardy and outrageous police misconduct in attacking prostitution charges on technical grounds, and has an excellent track record with prostitution cases in front of juries.

Prostitution allegations should not be taken lightly. When faced with prostitution charges call San Jose Criminal Attorney Bernard P. Bray at: (408) 292-9700. Chinese, Vietnamese, and Korean interpreters are available on request.

Should There Be a Law?

Wednesday, September 1st, 2010

The Center for Disease Control and Prevention has come out with a well regarded report that estimates, based on 2005 data, that the national cost associated with deaths and injuries from car crashes exceeds $99 billion annually.  Worldwide, traffic accidents are the ninth leading cause of death.  By 2030 car crashes are expected to increase in rank to the fifth leading cause of death worldwide.

The above statistics are staggering.  There is a lot that can be done.  Get off that cell phone when driving.  Wear a helmet when riding on a motorcycle.  Don’t drive after drinking alcohol. 

The above types of suggestions make a difference.  On December 21, 2007, fast developing Vietnam adopted a mandatory helmet law for motorcyclists, and same had an instantaneous effect.  All major hospitals surveyed noticed an immediate drop in the number of patients admitted for traumatic brain injuries.  In Ho Chi Minh City alone, reports of serious traffic accident injuries fell by 50%. 

In California crash causalities have steadily declined since the 1980’s.  Safer cars, cell phone use crackdowns, mandatory seat-belt use laws, mandatory helmet use laws for motorcycle and bike riders, and sobriety checkpoints have all undoubtedly helped , but there is still more that can be done.  Many Judges in California are now requiring that convicted drunk drivers install an ignition interlock device in their cars to prevent them from driving drunk.

If you have questions regarding this blog, California DUI laws, sobriety check points, or should you or a loved have had the misfortune of a DUI arrest, protect yourself to the fullest extent possible, call San Jose DUI Lawyer Bernard P. Bray.

School and Law (rule) Enforcement: A Good Thing?

Wednesday, 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.

Public Drunkenness Arrests in San Jose: Excessive and Discriminatory?

Friday, 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.

Call Now: (408) 292-9700

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