Encouraging?

“We’re looking into reviving the idea of a sobering center in I.V.,” Farr said.

This is a quote of Santa Barbara County Supervisor Doreen Farr that appeared in the Daily Nexus today. I am glad the idea is not completely dead, but I'm not sure that this isn't simply more lip-service favoring the concept intended to passify those of us who feel very strongly that a sobering center is an absolute must. We don't need to watch another few hundred people in IV be deprived of their civil liberties this Fall; not to mention, as the article makes clear, take IV Foot Patrol officers out of service (of IV that is) for the couple of hours that it takes to process a single needless Public Intoxication arrest. Clearly they have better things to do with their time. A sobering center could save the officers thousands of hours in a year in terms of shortening the time it takes to take someone, who is not being a pain in the neck, off the street to a place of safety. It would also save the jail, the court, the d.a., and (yes) me, lots of work. And of great interest to the students and parents of SBCC and UCSB, it would help ensure that the people who are investing big bucks (and lots of time) getting their degrees wouldn't graduate with the sandbag of a criminal conviction (or a record of a booking, for that matter).

As I've written, repeatedly, Penal Code section 647(g) makes a "civil commitment", when feasible, State policy.

Like it or not, more than 90% of UC and SBCC students will drink to excess at least once (if not weekly) during their academic career. This is a societal problem that will take more than punitive tactics by local law enforcement to solve. Criminalizing our most promising societal contributors for socially acceptable (if not appropriate) conduct makes no sense and is arguably against State policy. A sobering center is a viable and practical solution to the public safety, fiscal and civil liberties questions this societal problem raises. It's time for more than lip-service.

So what's the big deal?

Thousands of arrests are made in Isla Vista each year, making it one of California's "high crime" areas. However, a good deal of the arrests have to do with college-aged people ingesting and possessing alcohol, street drugs (e.g., marijuana, cocaine, methamphetamine, ecstasy, psilocybin, LSD, heroin, and more) and prescription medication. Sales, furnishing and transportation of these substances account for a good deal of the more serious arrests. The local jail is over-crowded which creates a perception of leniency due to the fact that there is little or no room for those with minimal criminal history who are facing lower grade charges . Yes, indeed, the jail penalties for this class of offenses, and many others, are not as severe as they are in many (or perhaps most) other jurisdictions AND many people are released back into the community on their own recognizance pending the conclusion of the case. Another factor it seems is that of social acceptance. Yes, it happens to be commonplace to get arrested in Isla Vista. Everybody who has lived in IV has had a friend or a roommate arrested; and all you have to do is walk around on a weekend night on Del Playa and you'll see tons of young clean-seeming college students getting patted down, cuffed, sat on the curb and hauled away by the Foot Patrol. Those same kids will usually be released soon thereafter and then might have to pay a fine and be on probation. 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.

Foot Patrol's Favorite Halloween Talking Point

I sincerely hope that the ongoing Halloween festivities are moving along safely and enjoyably for the celebrants and the 160+ law enforcement officers in attendance. If you're like me, you have heard the Foot Patrol say the following over and over again (for years, actually): It's not the local residents that we are concerned about, it is the out-of-towners that cause the majority of the problems. Uh, okay, then are we to expect that the 160+ officers will be arresting and handing out citations only (or even mostly) to visitors? Doubtful. If this year is anything like years past, the majority of arrests and citations will involve the local college-aged population (mostly SBCC and UCSB students). Without a doubt there will be some visitors cited and arrested, but they will be in the minority; as there are far fewer of them AND, not all of them are monsters (although I'm sure some will be wearing monster costumes). Many are friends, relatives, girlfriends, and boyfriends of locals; not criminals. Well, at least, not until they have been dealt with by the Foot Patrol. After all, we are all no more than a court date away from being rendered a criminal; no one is immune... Especially not the locals.

Be sure to read my last post (immediately below) for tips on how to avoid problems with the police. Also, visit my website at http://www.ivlawyer.com/ for more relevant information.

Again, be safe.

P.S. Another talking point heard less often, but which is similarly designed to communicate to the locals (for public relations purposes) that they are not going to be treated unfairly by the police for engaging in myriad fairly ordinary college activities (read: drinking alcohol), is that "90 % of it will be citations" (implying no jail, no crime, no big deal). It is important to point out that more than 50 % of the 90 % may cause the person cited significant penalties with longterm negative effects (e.g., year-long drivers license suspensions).

Know Your Rights!

The Associated Students of UCSB is hosting a workshop for students on how to avoid attracting the attention of the Foot Patrol and how to deal with police officers who may contact them and arrest them for any variety of charges during the Halloween festivities on and around Del Playa in Isla Vista. The talk begins at 7 p.m. in Embarcardero Hall tomorrow (10/24/07). Myself and Sheriff's Deputy Myles Davies, of the IVFP, are the featured speakers. See you there!

The truth about upside-down beer cups

My first Sierra Mountain blog (delivered at approximately 8,000 feet) is to disabuse the Daily Nexus readership of the IV urban myth that walking with a drinking cup upside-down will prevent your arrest for open container, minor in possession and/or drunk in public. This myth is perpetuated by the Daily Nexus which states, among other things, that mouthing off to the Isla Vista Foot Patrol is a bad idea. Ya' think? Walking down an Isla Vista street with anything other than a nun's habit is enough to put you at high risk of being detained by a bored member of the Foot Patrol. Having an upside-down beer cup puts you in an even higher risk category. The moral of the story is: don't walk down the street in IV expecting that the cop who spots you in an 'I'm looking for my next beer' pose will not likely detain you for a sniff and an age and ID check at the very least. Oh, but I agree that mouthing off is a bad idea - and it's no urban myth.