Richard J. Donovan Correctional Facility is a state prison located in Southern California. It is one of thirty-three (33) state prisons in all of California. It serves as the only state prison in San Diego County. Daniel Paramo is the current Warden. Donovan is a medium-high custody correctional facility. It was built and ready for activation in 1987.

This prison is located less then 2 miles from the border of Mexico. Needless to say, Donovan Prison frequently holds and prepares illegal immigrants for release to U.S. Department of Homeland Security so that thye can return to their country.

This prison, much like most other prisons in California, is overcrowded which calls for two prisoners to each house (cell). It was designed to hold a little over (2,000) prisoners but currently houses over 3,500. The inmates can work in the prison’s laundry, bakery, or shoe factory.

This facility has “Level I” inmates who require minimum security. It also has one “Level III” housing unit. This unit was made in 1989 when it was converted from the old gymnasium. It holds about 152 prisoners. The prison also includes one (1) “Level IV” Sensitive Needs Yard facility, a General Population facility, and two (2) “Level III” Sensitive Needs Yard facilities. There is no death row at Donovan.

Donovan provides religious services for prisoners of all denominations. Additionally, over 400 religious volunteers visit Donovan to provide services to the inmates.

Inmates can participate in a program called “Convict Reaching Out to People” (CROP), that is one of the facility’s Institutional Juvenile Diversion Program. This program allows inmates to talk with juveniles and explain the cons of gang life an other criminal acts.

Inmates are also given the opportunity to obtain a GED if they have not done so already. There are also a few vocational skills taught there.

The facility provides self-help activities such as narcotics, alcohol, criminal and gang anonymous.

An “Ignition Interlock Device” (IID) is wired to your vehicle’s ignition. It works like a Breathalyzer…it requires your breath sample to measure your blood alcohol level before the engine will start. If the IID detects alcohol on your breath, the engine will not start. As you drive, you are periodically required to provide breath samples to ensure the continued absence of alcohol in your system. It is illegal to ask someone to breath into the IID for you.

Although IID’s are usually ordered to be installed into a person’s car if they are repeatedly drinking and driving, it can sometimes, under special circumstances, be ordered upon the first DUI conviction. However, there is a new “pilot-project” that went into affect in July of 2010 that says that  that every individual convicted of a first-offense California DUI in Los Angeles, Alameda, Tulare, and Sacramento counties must install an IID on any car he/she drives.

When the court orders the use of an IID, you must have one installed by an authorized installer and provide proof of the installation to the court. The court has special forms and procedures to monitor drivers that are ordered to have this device installed. After the court notifies the DMV, the DMV marks your driving record so law enforcement officers are aware of the requirement if you are stopped. DMV will also place a restriction on your driver license. If you fail to comply with a court-ordered IID restriction, the court will notify DMV and your driving privilege may be suspended until you comply with the court order.

According to California Penal Code, the DMV is required to impose an IID restriction on the driving privilege of a person convicted of driving with a suspended or revoked license for a DUI conviction.

Effective July 1, 2010, drivers are now allowed shorter suspension periods for a second or third DUIs if they install an IID and receive an IID restricted license after a mandatory suspension period, if the most recent violation did not involve the use of drugs.

The International Council on Alcohol, Drugs and Traffic Safety maintains that IIDs, when combined with a monitoring and service program, lead to a 40-95% reduction in the rate of repeat drunk driving offenses among offenders as long as the IID remains on the vehicle. If the pilot-project shows to be a deterrent, it will likely be implemented in all of California.

This question seems to come up frequently. Generally, the scenario is that a person allowed someone else to drive their car. The driver gets into an accident where they are at fault and now the question is, who is liable for damages?

Both the driver and owner of the uninsured vehicle are responsible for damages to the other car(s). Under California law, a registered owner is liable for a permissive use of his/her vehicle, which means that their insurance policy can (and almost always do) allow them to give permission to someone else to drive their car.

Assuming that the owner of the car gave permission to the driver, the owner’s insurance will be the primary insurance the other party will be going after for damages.  However, under the California Vehicle Code, the owner is only liable for up to $5,000 in property damage and $15,000 for the death of or injuries to one person (and a $30,000 maximum for the death of or injury to more than one person).

Where a car owner lets another person drive a car, California will treat the car owner as sharing liability for any accident caused by the borrower.

In some cases, people may have a car titled and registered in their name, but allow someone else to drive it and insure into their own name. If the driver was to get into an accident, the owner’s insurance company will still be liable for $5,000 in property damages and up to 30,000 in personal injuries, whether or not the driver is insured. In the event that the owner does not have insurance, the driver’s insurance will be liable for damages and injuries.

Keep in mind, the at-fault driver and owner of the car will still be liable to pay for the property damages and medical bills wether or not the other party has insurance.

In other words, be careful who you lend your car to!

My home state of California has some strange laws, here are just a few:

It is a misdemeanor to shoot at any kind of game from a moving vehicle, unless the target is a whale.
It is illegal to set a mousetrap without a hunting license.
Animals are banned from mating publicly within 1,500 feet from a tavern,school or place of worship.
Woman can’t drive while wearing a housecoat.
Bathhouses are illegal.
It’s illegal to eat an orange while in the bathtub.
It’s illegal to prevent children from playfully jumping over puddles of water.
In Arcadia peacocks have the right of way on any street.
In Blyth a person must own two cows before s/he is permitted to wear cowboy boots in public.
In Pacific Grove, “molesting” butterflies can result in a $500 fine.
In Pasadena it’s illigal for a secratary to be alone in a room with her boss.
In Long Beach, it is illegal to curse on a mini-golf course.
In Los Angeles it’s illegal to cry on a witness stand in any state court.
In Los Angeles it’s also illegal to bathe two babies in the same tub at the same time.
In Oakland it’s illegal to rob a birds nest that’s in a public cemetary.
In San Fransisco it’s illegal to beat a rug in front of your house.

source – tripod.com

Beginning in 1993, states began to enact mandatory sentencing laws for repeat criminal offenders. These new laws came to be known as “three strikes laws,” because they applied when offenders committed their third offense. This law came into place in California in 1994 after the kidnapping and murder of 12 year old Polly Klaas. The killer turned out to be a violent criminal who was out on parole. Outraged, voters urged the passing of this law to ensure that no other violent criminals would be further punished and segregated from the community. By 2003 over half the states and the federal government had joined the movement.

The three- strikes laws basically enables harsher punishments for criminals who commit second and third serious and violent felony crimes. Simply put, a prior conviction counts as a strike if it was for a serious or violent felony.

However, not everyone is a fan of this law. It was an argument that the sentences given were too harsh for offenders whose third offense was a non-violent crime. It also was an argument that this law raised correctional costs because citizens were paying for offenders whose third offense was a crime like petty theft or drug possession. Nevertheless, the U.S. Supreme Court has upheld three strikes laws.

Fortunately, on November 6, 2012, the people voted to pass Proposition 36; a reformation of the previous three-strikes law. The passing of Proposition 36 dismissed the rule that stated that offenders being convicted of non-violent crimes be automatically be sentenced to 25 years to life in prison. Even more, California inmates who are serving time on a third strike may petition to have their sentences reduced if their third strike was not a serious one.

Here are the new standards for this law:

SECOND STRIKE:

• You are ineligible for probation
• Your sentence is automatically doubled
• You must do 80-85 % of term you were sentenced to (Normally, someone is entitled to credit towards their term…allowing them to only serve 50% of the term)

THIRD STRIKE:

• You are ineligible for probation
• No custody credits
• Automatic 25 years to life in prison only if you’ve committed a serious or violent felony (with the exception of some non-violent or less serious crimes , listed in the California Penal Code). Offenders who do not fall under this category will be treated as if they have committed a second strike offense. They will still be sentenced to twice the normal sentence for the crime they committed

Now that the Three Strikes Law has changed, it’s important to fight any charge that could result in conviction for a serious or violent felony. Those convictions can counts as strikes in the future and ultimately lead to future consequences down the road

What are Miranda Rights?

Also known as the “Miranda warning”, Miranda rights is a series of rights, that a police officer must repeat to anyone that they arrest and/or interrogate. Being under arrest is when you are being deprived of your freedom to leave. The Miranda rights include the right to remain silent, the right to have an attorney present during questioning, and the right to have a government-appointed attorney if the suspect cannot afford one. They are supported by the Fifth Amendment of the United States Constitution. The Fifth amendment states

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

Where did the term ‘Miranda” come from?

After his arrest, Ernesto Miranda confessed to robbery, kidnapping, and rape during a police interrogation. He was not given a full and effective warning of his rights prior to the confession. In 1966, he was convicted of these crimes in a landmark case, known as Miranda v. Arizona. In the ruling for this case, the United States Supreme Court found it unconstitutional for his confession to be used against him because he was not advised of his legal rights. With this ruling, they extended the Fifth Amendment protections to also include any situation outside of the courtroom. Therefore, any time that law enforcement takes a suspect into custody, law enforcement must make the suspect aware of their legal rights.

What happens if the police do not Mirandize me?

When police officers question a suspect in custody without first giving the Miranda warning, any statement or confession made is considered to be involuntary, and cannot be used against the suspect in any criminal case. However, if a suspect makes a spontaneous statement while in custody before police have the chance to tell him his rights, law enforcement can use the statement against the suspect, as long as police interrogation did not prompt the statement. In addition, any evidence discovered as a result of an involuntary statement or confession will likely also be thrown out of the case.

Here’s another interesting legal gem.

In Hong Kong, a betrayed wife is legally allowed to kill her adulterous husband,
but may only do so with her bare hands. (The husband’s lover, on the other hand,
may be killed in any manner desired.)

Need I say more?

When someone is arrested, there are numerous steps that happen in the criminal proceeding.

Arrest:   An arrest takes place when a police officer believes that he/she has probable cause (a “legal” reason) to believe a suspect has committed a crime. An arrest can take place with or without a warrant but usually happens without a warrant. An arrest generally takes place when the officer takes the suspect into custody and takes the suspect to the police station. A suspect under arrest faces the possibility of being charged with a misdemeanor or felony.

Booking:   The suspect is then taken to the police station for “booking.” In the booking procedure, the suspect’s name, offense, and other information are entered into the police database. They police collect fingerprints as well as a photograph of the suspect. For some cases, the suspect has the ability to pay a bail amount in order to be released. The bail amount is set according to the details and nature of the crime. “Posting bail” requires the suspect to agree that they will be at the first court date. Some crimes, however, especially heinous ones, are not eligible for bail and must stay in jail until this date.

Filing complaint:   The prosecutor is now brought in and will make the final decisions to file charges against the suspect. He or she reviews the facts and the evidence to make their decision to bring charges or not. If the suspect is to be charged, the prosecutor prepares a “complaint.”  If the prosecutor decides not to bring charges against the suspect, they will be released.

First appearance:   After a complaint has been filed, the suspect is now called the “defendant” and is brought before a judge. Bringing the defendant before the judge for the first time is called the “arraignment.” If the defendant posts bail, the first appearance is usually several days after the arrest. But if it is a case where there is no bail set, the suspect will still be in custody and must be brought for the first appearance “without unnecessary delay.” Without unnecessary delay typically means no more than seventy-two (72) hours between the arrest and first appearance. This appearance is not designed to evaluate any portions of the case, but is only to do three (3) things:

• Announce charges:   The Judge informs the defendant of the charges that are being brought against him;
• Right to counsel:   The Judge notifies the defendant that he has the right to counsel. This is where the appointment of a public defender process will begin for those that cannot afford, or do not wish to retain a private attorney.
• Bail:   Where the defendant did not previously post bail, the Judge can review the amount of bail. Alternatively, the Judge may release the defendant without bail, on his own recognizance. This means that the Judge is releasing someone in good faith that they will honor their word and come to the next court appearance. The Judge may be allowed to deny bail altogether. This usually happens when the Judge finds that there is no bail amount that will ensure that the defendant will show up for trial, or that releasing this criminal would be a danger the community.

Preliminary hearing:    The next proceeding, in felony cases, is usually the “preliminary hearing.” This appearance also takes place before a Judge. The purpose of the preliminary hearing is for the Judge to make a determination of whether there is probable cause to believe that the defendant may have committed the crime charged. Typically, live witnesses are presented, and both the prosecution and the defendant are represented by counsel. Here, unlike during trial, the prosecutor only has to show that there is a chance that you could have committed the crime, not that it is “beyond a reasonable doubt.” If the Judge finds probable cause, he will continue the case for the next stage.

Filing of indictment:   In federal court cases, an indictment must be returned by a grand jury. An indictment is a finding by a grand jury showing that the grand jury believes enough evidence has been presented to proceed with a trial.

Nature of grand jury proceeding:  The grand jury proceeding is a closed proceeding where the grand jurors decide, by majority vote, whether to issue an indictment. Here, only the district attorney presents information to the grand jury, the defendant is not represented. Not all information presented at a grand jury proceeding is admissible at trial. If the grand jury does not return an indictment, the charge against the defendant is “no-billed” and the case is dismissed.

Arraignment:   Once an indictment has been returned by a grand jury, the defendant is “arraigned” on the indictment. At the arraignment, the defendant is brought before the trial court, informed of the charges against him, and asked whether he pleads guilty or not guilty to the charge. The case is set for trial typically several months after the arraignment.

Pretrial motions:   Next, defense counsel has the opportunity to make various pretrial motions. The most common is the motion to obtain discovery of the prosecution’s evidence; and the motion to have some of the prosecution’s evidence suppressed (usually inadmissable evidence.)

Trial:   Next comes the trial. If the charge is a felony or a misdemeanor, the defendant has the right to have the case tried before a jury. If the offense was a infraction, you will most likely face a bench trial; a trial before a judge only.

Sentencing:  If the defendant pleads guilty or is found guilty during the trial, he is then sentenced. The defendant is found guilty by the jury but the sentencing is done by the judge.

Appeals:   All convicted defendants are entitled to an appeal. Most appeals are by defendants who were convicted at trial and sentenced to imprisonment. However, in most states even defendants who have plead guilty are usually allowed to challenge the plea bargain on appeal.

Post-conviction remedies:   Even after defendant has exhausted all “direct” appeals, certain “post-conviction remedies” will usually be available to them. Most importantly, both state and federal prisoners may challenge their convictions through federal-court “habeas corpus” procedures. In a habeas corpus proceeding, the defendant claims that his conviction violated the federal constitution.

People involved in car accidents are instantly stressed. They have to worry about their car, any injuries, and dealing with insurance companies. People who get into an accident involving an uninsured motorist become even more stressed. Drivers without insurance (uninsured motorists) have become a huge problem in California. Unfortunately, there are people injured or killed by people with either no insurance coverage or very minimal coverage. In California a driver is only required to have a minimum of $15,000 per claimant and $30,000 per claim. When this occurs, how can you be reimbursed for damages? Uninsured Motorist coverage is specifically designed for this purpose.

The first thing you need to ask is: Do I have uninsured motorist(UM) coverage? California Insurance Code Section 11580, requires that every policy of auto insurance issued in the State of California have at least the minimum amount of uninsured motorist coverage included. The only exception is if the insured person waives the coverage in writing in very specific language. It is still important, however, to make sure you haven’t signed such a release prior to an accident.

Secondly, you would want to know when you are liable to assert a claim under your uninsured motorist policy. The most common occurrence is when you are struck by someone that does not have an insurance policy. To find out if they do, immediately after the accident, you would ask the person that struck you for their insurance information. You can also get this information by first filing an SR-1 (Report of Accident) and then an SR-19 (Request for Proof of Financial Responsibility) with the California DMV. Once it has been determined that there is no insurance, a claim can be made to your own provider for all the same damages that could have been asserted against the at fault party.

The other main instance where this applies is where the at-fault person or entity doesn’t have enough insurance to cover all of your damages including present and future medical expenses, emotional distress and pain and property damages. This is what is referenced as an “Under-insured” motorist (“UIM”) claim. If the insurance policy of the person you are claiming compensation from only covers a certain amount of liability, you can then apply to have the remainder of the claim paid by your own insurance company through your “UIM” policy.

For instance: The reasonable value of your claim including medical costs, car repair or replacement, and pain associated with your injury is $100,000 and you are hit by a motorist that only has $15,000 (California’s minimum) in coverage. If you had $100,000 in UM/UIM coverage, you would could then make a claim for the remaining $85,000 of the $100,000 claim from your own insurance company.

Then there is always the case of the “hit and run”. California law says that you may recover damages, including bodily injury, through your UM policy as long as these factors apply:

• there was contact between your car and the vehicle that you are claiming hit your car and fled
• you filed a police report and;
• you reported the accident to your insurance representative.

When you are involved in a car accident, the person at fault is responsible for paying for damages. If they have insurance, the company will try to offer a lump sum to you to avoid having a lawsuit filed. If the other party does not have insurance, a claim would have to be made against the driver in order to be compensated. It is important to have an attorney representing you so that you are not taken advantage of. Competent legal counsel can properly initiate the claim and follow through by doing the following:

• Make sure the proper treatment is rendered and that all possible future treatments, therapy and surgeries are thought of.
• Make sure that a proper amount is agreed upon and payment is issued.
• If the parties cannot agree on the amount, a demand for arbitration can be made. If the matter is decided in favor of you, your attorney will make sure an award is sufficient enough to cover both out of pocket costs and pain and suffering.

If you were involved in an accident with an uninsured motorist, make sure that you are represented by San Diego’s most effective lawyer. Call my office at 619-238-1905 for a FREE consultation.

A quick perusal of the www I found these tidbits: