Los Angeles Criminal Defense Lawyer Blog

The overcrowding in California's correctional system was brought into harsh light by the revelation that 1 in every 36 Californians is either in prison, in jail, on parole or on probation. The disturbing statistics were released as part of a state-by-state study of the nation's correctional systems by the highly respected, independent, non-profit Pew Center on the States. (Read more about the study in our March 4 blog.)

In California, prison overcrowding and the state's budget crunch are creating a perfect storm that threatens to put criminals back on the streets. State officials say they simply have no choice. There is neither space nor money to provide for the state's growing prison population. According to the Pew report, corrections is one of the fastest-growing items in state budgets, costing an annual $68 billion nationally. As the Pew report notes, for the cost of incarcerating a single prisoner for one day, 12 parolees can be monitored during that 24-hour period.

There are viable solutions. "Violent and career criminals need to be locked up, and for a long time. But our research shows that prisons are housing too many people who can be managed safely and held accountable in the community at far lower cost," Adam Gelb, director of the Pew Center's Public Safety Performance Project, said in a press release on the Pew Center website. The Pew report recommends increasing lower-cost community-based alternative sentencing options. Better processing procedures could enable improved risk assessment and the increase the use of alternative sentencing options.

California offers a number of excellent alternative sentencing options, notes experienced Los Angeles criminal defense attorney Stephen Rodriguez. "Finding the right Alternative sentencing strategy that the judge and prosecutor will accept is the job of a knowledgeable and skilled attorney," he said. "Keep in mind that alternative sentencing is punishment and must fit the crime."

Alternative sentencing programs offered by the state of California include:

• community service


• electronic monitoring


• work release programs


• graffiti clean up


• drug and alcohol rehabilitation programs

While the Pew report recommends expanding eligibility requirements, current California alternative sentencing options are available only to defendants who have not committed the most heinous crimes, those who have not committed crimes for which mandatory sentences are mandated, defendants who are not repeat offenders, those who have not committed a serious felony, and defendants who do not pose a risk to either themselves or the community.

For more information about alternative sentencing and your potential eligibility, contact the experienced criminal defense attorneys at Rodriguez, Lewis & Kahn.

One in every 36 California adults is under the control of the state corrections system, either in prison, in jail, on parole or on probation. That's just a few less than the national average of 1 in 31, according to a new report released this week by the Pew Center on the States. One in 31: The Long Reach of American Corrections is a unique, first-of-its-kind national study of U.S. corrections systems. The report compares 2007 corrections statistics with those from 1984, providing national averages as well as a fact sheet for each state. The Pew Center is an independent, non-profit organization dedicated to the statistical analysis of problems affecting U.S. society.

Today, the lives of more than 7.3 million Americans, or 1 in 31, are controlled by state corrections systems, according to the Pew report. That's more than double the corrections' population in 1984 when the figure was 1 in 77. For minorities, the numbers are more disturbing: 1 in 11 for blacks and 1 in 27 for Latinos. In fact, nationwide one in every 18 men is in the corrections system.

Nationally, California ranked around the middle on state breakdowns at 1 in 36. With 1 in 13, Georgia had the highest number of individuals in its corrections system; New Hampshire, the lowest with 1 in 88.

Following the national trend, California's corrections population has nearly doubled since 1982 when the number of individuals in the corrections system was 1 in 69. Of the 2007 corrections population, 27% were in prison or jail, compared to 12% in 1982. Statistics for 2007 show that nearly twice as many felons in California are paroled or on probation (1 in 56) as are incarcerated in state prisons or jails (1 in 102).

The increase in corrections population has come with a staggering increase in cost. In 2008, California spent $9.66 billion on corrections, 9.3% of the state's general fund. According to the Pew report, for every dollar California spent on prisons, it spent 15 cents on parole. For the cost of keeping one individual in prison for one day ($134.84), 12 days of parole can be provided.

California officials have been concerned for months about prison over crowding. Coupled with the state's disastrous finances, plans are being discussed to release hundreds of prison and jail inmates back into communities. Increasing options for alternative sentencing is just one of several viable solutions being discussed.

On Friday: Possible solutions

California's Proposition 36 is an alternative sentencing option available to what California law terms "nonviolent drug possession" offenders, explains expert Los Angeles criminal defense attorney Stephen Rodriguez. Proposition 36, California's Substance Abuse and Crime Prevention Act, allows certain nonviolent drug offenders in Los Angeles and throughout the state to receive substance abuse treatment instead of going to jail or prison.

Passed by 61% of California voters in 2000, Proposition 36 is an attempt by the state of California to address a growing drug problem and relieve overcrowding of the state's prison system. Supporters say the alternative sentencing option offers hope of recovery to individuals who suffer from the disease of drug addiction. They also point out that treatment generally costs the state far less than a quarter of the $25,000 annual per inmate cost of incarceration, depending on whether residential or outpatient treatment is required.

Proposition 36 changed California's state law to allow first- and second-time nonviolent, simple drug possession offenders the opportunity to obtain drug abuse treatment instead of being incarcerated. Experienced Los Angeles criminal defense attorney Stephen Rodriguez explains that "nonviolent drug possession" includes possession or transportation of any controlled substance for personal use or being under the influence of a controlled substance in violation of California's Health & Safety Code Section 11550. Proposition 36 provides qualifying drug offenders with substance abuse treatment for up to 12 months with a possible additional six months of "aftercare," relapse-prevention outpatient services. When the defendant successfully completes the required drug treatment program, his conviction is set aside, the indictment dismissed and the arrest is expunged. This allows the individual to lawfully state on employment, loan and housing applications that he was not arrested or convicted for that particular incident.

Proposition 36 is just one of several alternative sentencing options available to nonviolent drug possession offenders in California, notes Los Angeles criminal defense attorney Stephen Rodriguez. If you are arrested on a drug charge, contact the skilled criminal defense attorneys at Rodriguez, Lewis & Kahn to see if you qualify for alternative sentencing under California law.

California recognizes that there are options to packing people into overcrowded state prisons. Not all crimes deserve a jail sentence and not all criminals deserve to go to jail. California has developed a number of alternative sentencing options to deliver appropriate punishment without jail time. The judge and prosecutor may consider an alternative sentence if:

• The defendant has not committed a serious crime and has not committed an offense that carries a mandatory sentence.


• The defendant has not committed numerous crimes.


• The defendant has not committed a serious felony and did not use a weapon.


• The defendant does not pose a risk to himself or the community.

Judges and prosecutors are not required to consider alternative sentencing, but a skilled and knowledgeable criminal defense attorney can often construct the right alternative sentencing strategy that will convince them not to send a convicted defendant to jail. Some possible alternative sentencing options include:

• House arrest, home detention or electronic monitoring limit the defendant's mobility. The defendant is fitted with an electronic device or ankle bracelet that monitors his whereabouts at all times. The defendant may be allowed to participate in certain approved activities, such as work, school and church. The court can order electronic monitoring or the defendant can apply with the help of a skilled criminal defense attorney.


• Work release or work furlough programs allow defendants to work at a designated work site during the day, usually to perform physical labor, returning either to their own home or to a specified dormitory at night. The length of work service is determined by the court but a skilled criminal defense attorney may be able to negotiate a shorter term.


• Drug courts under Proposition 36 offer drug users treatment instead of jail time. Not all drug offenders are eligible. An experienced criminal defense attorney can examine your case and tell you if you are eligible for Proposition 36 treatment instead of jail time.


• City jail or private jail allows the defendant to continue working during the week, checking into a private or city jail each weekend to serve his sentence. Participants check in on Friday afternoon and are released on Sunday afternoon. There are specific eligibility requirements for this program, and participants may be required to pay a fee for their weekend jail stays.


• Community Service requires participants to work for city organizations or to perform clean up duties.

If you have committed a crime, contact the skilled Los Angeles criminal defense attorneys at Rodriguez, Lewis & Kahn to see if you might qualify for alternative sentencing in California.

-Legal Pro

Most drug crimes in California are aggressively prosecuted as felonies and carry stiff sentences, often including mandated prison time. California's tough Three Strikes Law can result in even more onerous sentences. As we discussed in our November 24 post, a number of things determine how drug offenses are charged and prosecuted, including the type and quantity of the drugs involved, whether the drugs are for personal use or sale, and any prior convictions. The circumstances of your arrest and record can also affect sentencing options. An experienced criminal defense attorney with an expertise in defending drug crimes may be able to arrange alternative sentencing.

In California, when the defendant is non-violent, treatment for drug abuse and addiction is considered more appropriate than jail time. Under the state's Substance Abuse and Crime Prevention Act (Proposition 36), first and second-time non-violent offenders charged with "simple drug possession" can receive substance abuse treatment instead of jail time. In lieu of prison, the court can order these "low-risk" drug offenders to receive one year of drug rehabilitation treatment followed by six months of follow-up aftercare. Alternative sentencing may include one or a combination of the following:

• outpatient drug rehabilitation treatment


• limited inpatient rehabilitation


• halfway house


• narcotic replacement therapy


• education classes

Other possible sentencing alternatives are Deferred Entry of Judgment (DEJ) and Drug Court. In DEJ, although the defendant pleads guilty, he is not convicted. The court holds the case for 18 months during which time the defendant must complete a 6-month drug education class and avoid arrest or conviction for another crime. If the defendant successfully completes the terms of the alternative sentence, the case is dismissed at the end of 18 months and the felony is cleared from the defendant's record.

Drug Court is a multi-phased treatment and supervision program. As the defendant successfully completes each phase of the drug treatment and rehabilitation program, he is given increased freedom. On successful completion of the entire program, the case is dismissed.

If you are charged with a drug crime, it is critical that you immediately contact an experienced criminal defense lawyer. He can review your case, prepare the best defense and may be able to arrange alternative sentencing if you are eligible.

The co-founder of Broadcom, one of Southern California's largest technology firms, has been indicted for using and distributing illegal drugs in his home. Henry Nicholas and Broadcom's former CFO William Ruehle were also indicted in an alleged stock option back-dating scheme. Nicholas surrendered to federal law enforcement officers late last week.

Personal use of illegal drugs is a crime, as is providing them to others. Penalties can be stiff, but California does offer alternative sentencing for non-violent drug crime offenders. Depending on the situation, if you are charged with a drug crime, you may be eligible for one of three alternative sentencing options:

• Proposition 36: First and second time non-violent offenders charged with simple drug possession can receive substance abuse treatment in lieu of jail time. One year of limited inpatient treatment, outpatient treatment, halfway house, narcotic replacement therapy and/or education classes with an additional six months of aftercare can be required.


• DEJ: Deferred Entry of Judgment, also known as Diversion, requires the defendant to plead guilty but instead of a conviction, the case is placed on hold for 18 months. During that time the defendant must take a 6-month drug education class and avoid arrest or conviction. If the defendant accomplishes this, the case is dismissed and no charge is recorded.


• Drug Court: A phased program of court-ordered supervision and treatment that allows the defendant increasing freedom with the successful completion of each phase. Upon completion of the program, the case is dismissed and no charge is recorded.

Alternative sentencing can help you avoid jail. An experienced drug crimes lawyer can review your case to see if you qualify for alternative sentencing under California law. For information about alternative sentencing on our Spanish language website, click here.

-LegalPro

This week California Attorney General Edmund Brown announced a plan to curb prescription drug abuse. Prescription drugs are the most abused drugs in America, particularly among teens, young adults, women and seniors. Brown's plan would make patients' prescription drug histories available to doctors and pharmacies on an internet data base. The data base would be constantly updated to provide medical personnel with real-time drug histories to prevent drug abusers from obtaining multiple prescriptions from different doctors.

"Every year, thousands of doctors try to check their patients' prescription drug use history but the state's database is difficult to access," Brown said in a press release. "If California puts this information online, with real-time access, it will give doctors and pharmacies the technology they need to fight prescription drug abuse which is burdening our healthcare system."

Every year, nonmedical use of prescription and other pharmaceutical drugs results in more than half a million emergency room visits. Multiple drugs are involved in 55% of these ER visits. Prescription drug abuse among teens is a growing national problem. Pharming parties in which teens raid family medicine cabinets for prescription pills, dump them into a bowl and pass them around like candy are growing in popularity among high school and college students. Not only is abusing prescription drugs a significant health risk, it is a serious crime in California.

In California, drug crimes include possession of drugs for personal use or sale; trafficking which is the transporting, buying or selling of drugs; distributing drugs or conspiracy to perform any of these acts. Most drug crimes are charged as felonies and can result in a county jail or state prison sentence, fines, loss of driver's license and confiscation of property. You may be required to register as a narcotics offender. Mandatory minimum sentences may apply even for first-time offenders; and California's Three Strikes Law can increase the length of your sentence. However, in California non-violent drug offenders may be eligible for less onerous sentencing alternatives. If you are charged with a drug offense, consult a skilled drug defense attorney may be able to help you avoid jail through an alternative sentencing program.

-LegalPro