A Santa Barbara criminal defense lawyer's commentary on the criminal law, the criminal justice system, Isla Vista, DUI, and a variety of related topics.
Tuesday, February 17, 2009
So what's the big deal?
You won't have to go far in Isla Vista to find a young kid (sorry to say it, but it's usually a young man), who has all kinds of opinions of what the larger meaning of it all is and what the recently arrested person should do about it. After all, they will tell you, proudly, that they have already been arrested three times, and look!, they're still standing. They're still in school. They didn't spend any appreciable time in jail. Or, perhaps even more compellingly, they did, but now that they've suffered that terrible fate, they know exactly how to avoid having that happen again should they be arrested again. These folks are akin to what we in the trade refer to as "jailhouse lawyers". The only differences are that these guys are typically out of jail on good behavior (probation) or are out of jail, pending trial, on their own recognizance. A few of them have posted bail. These folks are full of wisdom and know just as much as, if not more than, any smooth-talking lawyer in a cheap suit, right?
Uh, no, wrong.
Whatever the motive - perhaps it's for the same reason a surfer might want to show you the scar from where the shark (okay, harbor seal) bit them - there is a tendency to minimize the longterm significance of an arrest in Isla Vista; a "normalization", if you will. Everyone's doing it. It's a badge of honor. It's how you earn your IV street cred, right?
Uh, no, wrong.
This is the way I look at - and I am not just talking to the population of Isla Vista when I say this: when you get arrested, society is attempting to marginalize you; to render you a criminal. Yes, a criminal. Somehow people think that criminals are the "other" and I, myself, could never be considered a criminal. Perhaps it is the mass media (including the news, TV shows like CSI and Law & Order as well as movies and crime novels) that always give us permission to think that certain people are just not physically capable of being considered criminals. They are just too "nice", "good-natured", "well-raised", "well-off", "good looking" (and yes, i have definitely heard at least one person say, or imply, such an asinine thing), "well-meaning", "white" etc. to ever be considered a criminal, right?
Uh, no, wrong.
Everyone, and I do mean EVERYONE (present company NOT excepted) is inherently capable of being rendered a criminal and it is almost necessarily going to consist of two voluntary acts: (1) the act which made the police think that he or she committed a crime and (2) the act of pleading "guilty" or "no contest" to a criminal charge. It takes seconds to plead to a misdemeanor, and just 20 minutes or so to plead to a felony. Seriously, that's what is happening each and every time the cuffs get slapped on: Society is mounting an attack against your good name. Society is seeking put you in the underclass: The class of persons who have trouble getting taken seriously and who people (particularly little old ladies who live in the suburbs) are afraid to be around. What else? To be a criminal is to have an uphill battle getting a job where you thought you were a shoo-in. Being a criminal means getting rejected from colleges and graduate programs. Being a criminal means that you will likely be denied scholarships, financial aid and perhaps it may even affect your credit score. Being a criminal means that your life will be even more difficult in a tough economy because you WILL have trouble getting a job (no matter what your qualifications). You may have trouble getting a professional license. As a criminal you will have a tougher time finding a place to live as lot of landlords will reject your rental application out of hand. And, perhaps you haven't considered that being a criminal will make it more likely that someone can win a lawsuit against you because you won't be considered a strong witness (considering your criminal history) and that you will have a tougher time bringing a civil claim against someone else for the same reason. Becoming a convicted criminal can greatly diminish, if not destroy, the value of your degree; the degree for which you are working so hard and paying so much. These are things that the "jailhouse lawyer" hasn't told you. So, you ask, what do you do to avoid becoming a criminal? Talk to a criminal defense lawyer.
Tuesday, August 7, 2007
POSTED AUGUST 7, 2007
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Crime Down over Fiesta (except for a shooting)
Apart from the officer-involved shooting, Fiesta 2007 was absent any other major crime problems, according to a police report. Here are tentative results of police activity through late Saturday, including a comparison to Fiesta 2006:
- 21 felony arrests; a 34% decrease
- 97 misdemeanor arrests; a 4% increase
- 274 criminal citations; a 6% decrease
- 282 traffic citations; a 53% increase
- 18 DUI arrests; a 20% increase
CRIME IS UP AND DOWN.
Every so often the media, on a slow news day no doubt, will read the temperature of the "crime problem". What does it mean? Am I safer or less safe? Am I more or less likely to be arrested? Is humankind becoming more unruly? Most likely, none of the above. More people means more crime. So, we keep hiring more cops. More cops means more arrests. As long as the hiring of cops out-paces the population growth, the busier I will be.
If crime is not actually on the rise (beyond the modest increases one expects as the population grows), more conduct is deemed criminal and cops become more "sensitive" to criminal conduct. For example, it used to be "drunk driving", now it is "driving under the influence" (read: however slight). It used to be "drunk and disorderly conduct", now it is "public intoxication". What does that mean? Well, one cop (still out there) told me "it depends....could be as little as .01". Yes, consuming a third of a beer, according to this cop, is possibly a forfeiture of your freedom and a one-way ticket to the drunk tank. Think about that the next time you are trying to decide between an import or a domestic...