Internet Stalking in San Diego

Posted on March 5, 2013 by admin

New issues regarding social media sites crop up on almost a daily basis. One of the problem areas that has been in the news lately concerns threats made utilizing Facebook and similar sites. This can be prosecuted as a federal crime, known informally as interstate “cyber stalking.” It concerns transmissions in interstate commerce, and pursuant to 18 U.S.C. § 875(c), includes any communication containing a threat to injure another person. The potential sentence is five years in prison, a fine, or both.

An example was recently reported involving an Imperial Beach man suspected of violating the statute. The man, James Wheeler, is accused of making a number of threats over a period of months against his wife, who resides in Georgia. The threats allegedly included internet threats on Facebook, as well as threats via telephone. The report claims that Wheeler was confronted with the allegations this past August by agents of the FBI and a deputy at the San Diego Sheriff’s Department. They say Wheeler admitted to the Facebook postings, and was told to stop. Police claim that the conduct nevertheless continued, resulting in the issuance of an arrest warrant.

A few notable items relating to the statute:

  • First, it is true that there are a lot of negative things blamed on Facebook and similar sites. But the fact is that the threats in this case could have been communicated by telephone (such threats are alleged in this case), via email, beepers, or any other internet communication. Facebook provided a platform for the alleged threats, but there were many potential mechanisms available to transmit the information in question.
  • Second, unlike the California criminal threat statute (PC422), the federal law does not require specific intent on the part of the suspect; rather, all that is required under federal law is the communication of a threat in interstate commerce. This aspect of the federal law is significant, since certain defenses that might be available if it were a state prosecution will not be available in federal court.
  • Third, the while a violation of PC422 can be prosecuted as a misdemeanor or a felony, the penalty under federal law will generally be more severe. A federal prosecution requires, however, the transmission of the threat in interstate commerce.

Before we leave the subject, note that there are additional federal laws that prohibit cyber stalking, including 47 U.S.C. § 223. That law covers threats and harassment, although the penalties are less severe.

Spiegel Law Group
109 West C Street
San Diego, CA 92101
(619) 338-0022

 

Share
Posted in Stalking | Leave a comment

Case Not Getting any Better for “Charlie Brown” Actor

Posted on February 26, 2013 by admin

In our blog of January 30, 2013 (Voice of Charlie Brown Denies Stalking and Threats Charges), we reported on the status of Peter Robbins, a resident of Oceanside and formerly the voice of Peanuts character Charlie Brown. At the time, he had been arrested for threatening his former girlfriend, as well as her plastic surgeon, although the level of the charges (misdemeanor versus felony) had not been made public.

The drama continued on the morning of February 25, when Robbins and his lawyers appeared in court for a hearing to review Robbins’ bail, set earlier at $550,000. On a bail hearing, one of the issues is whether the defendant is a flight risk, that is, whether there is a likelihood that if freed on bail he will fail to appear to answer the charges. The prosecution may also argue that the defendant is a safety risk, and that is one of the claims made against Robbins.

The reports of the hearing clarified the level of the charges Robbins faces, which now include multiple felony counts with the possibility of up to nine years in prison. His lawyers argued that because of relationship with the community, including volunteer activities, Robbins is not a flight risk. Prosecutors countered, however, that he is a safety risk, detailing his alleged threat against the plastic surgeon. An outburst by Robbins was quickly quelled by the judge, and the prosecutor continued, describing what he termed erratic, aggressive and confrontational behavior. It was also alleged during the hearing that in addition to the current counts against him, Robbins:

  • Had had made similar threats against others in the past;
  • Had made a recent trip to Mexico, and was charged with marijuana use; and
  • Had tried to contact his ex-girlfriend, the alleged victim in the case.

We can’t be sure of the precise reason or reasons for the judge’s decision, but we were not surprised to hear that he denied the application for a reduction in bail, and kept the amount at $550,000. We’ll continue to monitor the case as it moves forward.

Spiegel Law Group
109 West C Street
San Diego, CA 92101
(619) 338-0022

Share
Posted in Criminal Threats | Leave a comment

Not Guilty Plea Entered on Arson, Burglary and Vandalism Charges

Posted on February 20, 2013 by admin

Late last month there was a fire at a Greek Orthodox Church in Rancho San Diego, which reports state caused an estimated $250,000 in damage. Within hours of the discovery of the fire, a local man was arrested and charged with starting the blaze. There is very little information in the article we read on the specifics of the alleged crime. A priest is quoted as saying that the suspect suffers from some unnamed psychiatric condition, and that the fire may have been the result of the man’s anger over demands that he take his prescribed medication. The bottom line, however, whatever may have prompted the situation, is that the man is now charged with arson, vandalism and burglary. Time will tell what happens with the case against the suspect.

When you read the paragraph above, you would expect the arson charge to be filed, and perhaps the vandalism charge, but what about burglary? Many people assume that burglary is a theft charge, and the reports do not allege that anything was taken. To the contrary, they suggest that the entire episode was the result of an emotional problem.

Under PC 459, burglary is defined generally as entering a structure with intent to commit theft or any felony. There are two degrees of the offense: first degree burglary involves entry into an inhabited house or vessel; all other burglaries are second degree.

An important issue to note is that burglary is not a theft offense. The essence of the crime is the entry into a structure with the specific intent to commit another crime. And while it may be that in many cases burglaries are in fact committed with intent to steal property, the theft component is just one of many that can satisfy the elements of the statute. In the Rancho San Diego case, we can surmise that the suspect will be charged with entering the church not intending to steal anything, but rather to commit a far more serious offense – arson, which is a felony under PC 451.

Spiegel Law Group
109 West C Street
San Diego, CA 92101
(619) 338-0022

Share
Posted in Burglary | Leave a comment

Sentencing in San Diego Sex Trafficking Case

Posted on February 14, 2013 by admin

We hear about cases in which there are accusations of sex trafficking – including forcing (usually) underage girls to engage in prostitution. Many people wonder whether it is a prevalent crime, and whether it really happens in San Diego. The answer is that it does, and a recent report provides some details on how it is accomplished. In fact, human trafficking is a huge industry in which San Diego apparently has a prominent place.

This week a guilty plea was entered in federal court by a man charged with sex trafficking in violation of 18 U.S.C. § 1591. That statute makes it crime, among other things, to transport a person under the age of 18 in interstate commerce and knowingly force, entice or coerce that person (by threats, by fraud or by force) to engage in a “commercial sex act.” The penalty for a violation, in the case of a minor between the ages of 14 and 18, is imprisonment for 10 years to life. The reported guilty plea resulted in a sentence of 150 months (twelve and a half years) in federal prison, five years of probation, a fine, and registration as a sex offender.

So just how was this crime accomplished? It really wasn’t all that complicated. The defendant met the 14-year old girl in Texas, and transported her to San Diego. The bus ticket was obtained using a false name. Online ads were then used to attract customers.

Unfortunately, this was not an isolated incident. An August 2012 article notes that the FBI has designated San Diego as a “high intensity” area for child prostitution and international sex trafficking. The story goes on to reveal that human trafficking is one of the top three most profitable crimes in the world, with a total annual take of about $44 billion, and an estimated 27 million people enslaved of one form or another. It is estimated that 70% of the victims are women, and close to half the victims are children. Trafficking into the United States includes 45,000 people each year, and the average age of the victims is only 11 years of age.

Spiegel Law Group
109 West C Street
San Diego, CA 92101
(619) 338-0022

Share
Posted in San Diego Sexual Crimes | Leave a comment

Carjacking in San Diego

Posted on February 6, 2013 by admin

We hear the phrase “carjacking” all the time. But we wondered how many of our readers really understand what the offense is all about. An example was reported over the weekend based upon an incident that took place in Oak Park.

Police say a man met a woman at a bar and requested that she give him a lift home. She agreed, and claims that during the ride, the man made “physical advances”. When she objected, she says the man punched her, removed her from the vehicle, and drove away in her car. As of this writing, the suspect is still at large. The woman suffered minor injuries in the incident.

Assuming the man is apprehended, there are several violent crimes that he might be charged with. Simple assault and battery, and perhaps attempted sexual assault, would be among those offenses. But the man will likely also be charged with carjacking under PC 215. The offense is a subcategory of robbery, which is the wrongful taking of the property of another, in the presence of that person, through force or fear. Robbery is generally a second degree felony (except in specifically defined circumstances), punishable by imprisonment for up to five years.

When the property is a motor vehicle, the offense becomes carjacking. But there are differences between simple robbery and carjacking in addition to the object of the theft. First, carjacking requires that the intent of the defendant is to temporarily or permanently deprive the person with possession of the vehicle. Second, the taking does not have to be from the driver or owner of the car. Taking possession from a passenger also qualifies under the statute.

Where the robbery is deemed carjacking, the potential penalty increases to a prison term of up to nine years. Enhanced penalties can be imposed in a number of situations, including those where a weapon is used, or where the victim suffers injuries. A conviction is also a strike under the state’s three strikes law.

Facing a charge of carjacking or any violent crime is serious business. There are defenses that can be raised by an experienced San Diego criminal lawyer.

Spiegel Law Group
109 West C Street
San Diego, CA 92101
(619) 338-0022

Share
Posted in Violent Crimes | Leave a comment

Voice of Charlie Brown Denies Stalking and Threats Charges

Posted on January 30, 2013 by admin

The former voice of Peanuts character Charlie Brown was arrested last week on outstanding warrants charging him with stalking (two counts) and making criminal threats (ten counts). The arrest was made by customs officers as Peter Robbins attempted to cross back into the country at San Ysidro.

The factual backdrop for the charges, according to the report we read, is interesting, although it leaves a lot to the imagination. Robbins allegedly threatened both his former girlfriend and her breast enhancement surgeon in telephone messages. In one of those messages, he supposedly told his former girlfriend that he was going to kill her. The report does not elaborate on the alleged threats against the surgeon, but does say that Robbins paid for the plastic surgery. Finally, Robbins was also apparently arrested earlier this month on charges relating to his alleged failure to pay a restaurant bill at a San Diego restaurant; police say the threat was made against a sergeant on the force. Bond was set at $50,000 on the earlier charge, and it was apparently posted. But bail on the recent stalking and threat charges was $550,000, and as of the date of the report, Robbins remained in jail.

Obviously we can comment on the truth of any of these allegations. Nor will we venture a guess on the connection between the former girlfriend and her surgeon. Whatever the truth turns out to be, Robbins is facing some serious time behind bars if he is convicted.

Making a criminal threat is an offense under PC 422(a), and is defined as a threat to commit any crime that will result in death or great bodily injury to another. As long as the threat is “unequivocal, unconditional and immediate”, and reasonably causes the person threatened to fear for his or her safety, the illegal act is complete. The fact that you do not intend to carry it out is no defense. Under PC 646.9, stalking requires some sort of intentional and repeated harassment, combined with a threat that places another person in reasonable fear for his or her safety.

Unfortunately for Mr. Robbins, both these offenses can be charged as felonies. We don’t have the specifics of the charges beyond the article cited above, but the District Attorney indicates that if convicted, he faces up to nine years in prison.

Spiegel Law Group
109 West C Street
San Diego, CA 92101
(619) 338-0022

Share
Posted in Stalking | Leave a comment

DUI Checkpoints in the News

Posted on January 23, 2013 by admin

Two sobriety checkpoints were recently reported in San Diego, and we thought it would be interesting to analyze the data as set forth in the articles.

The first checkpoint was set up about ten days ago in the downtown area. It remained in place from late Friday night until early Saturday morning, and the duration of the checkpoint was four hours. Police say that 912 cars passed through the checkpoint, 516 of which were screened. In all, 28 drivers were detained for further investigation, and 12 were arrested for driving under the influence.

Last weekend, a similar operation was underway in Pacific Beach. The time period was identical to the downtown checkpoint a week earlier, although the number of cars passing through was only 612. Of those vehicles, 474 were stopped and screened, 24 were detained, and 12 were charged with DUI.

If you do the math, and you assume that these checkpoints are generally similar to those conducted throughout the city, here is what you come up with:

  • You have between a 57% and a 77% chance of being stopped and screened at a DUI checkpoint.
  • If you are screened, your chance of being detained for further investigation is only about 5%.
  • If you are detained, the chance of being arrested for DUI is between 42% and 50%.

Obviously, the sample we have used is too small to be relied on statistically. We did find it interesting, however, that in both cases, the chance of a DUI arrest if a driver is among those stopped and screened, is about 2.5%. While this is perhaps not a good statistical sample, the screening is generally random, therefore these figures could support the conclusion that two or three out of every hundred drivers in the early morning show signs of being under the influence of alcohol or drugs. Think about that when you are driving home late one day. Even if you’re completely sober, and have no concerns about being charged with drunk driving, your life could be affected by others on the road.

But remember that all defendants are innocent until proven guilty, and the 2% or 3% of drivers flagged by the police during these checkpoints have not been convicted of anything to this point.

Spiegel Law Group
109 West C Street
San Diego, CA 92101
(619) 338-0022

Share
Posted in DUI | Leave a comment

Boating Under the Influence in San Diego

Posted on January 18, 2013 by admin

We read all the time about drunk drivers and drivers under the influence of drugs, but many people may be surprised that California law also prohibits boating under the influence. The issue came to the forefront last week when a San Diego boater was arrested after his sailboat ran aground in Laguna Beach. Police say the man refused to remove himself from the vessel, and lifeguards had to forcibly take him off the boat. The article also says that the sailor had passed out. He was arrested on suspicion of boating under the influence.

The BUI statute is contained in section 655 of the Harbors and Navigation Code. In many ways, it mirrors the DUI statute. Both proscribe driving (or operating) under the influence of alcohol and drugs; both provide presumptions based upon blood alcohol content (BAC); both state that operation with a BAC equal to or greater 0.08 is prohibited; both contain a lower BAC level of 0.04, in the case of DUI by a commercial driver, and in the case of BUI for a non-recreational vessel; and both contain what are essentially zero tolerance provisions for operation by a minor.

But the statutes are not completely alike, and some of the differences are: First and foremost, a BUI will not lead to the automatic suspension of the operator’s driving privileges; second, there is no prohibition on drinking while operating a recreational vessel; and third, the BUI law includes aquaplanes and similar devices. In addition, a charge of boating under the influence is applicable only to a “mechanically propelled vessel. “ Rowboats, canoes, and other vessels that are propelled solely by human power are not included.

In the case of the vessel that ran aground in Laguna Beach, we are assuming, although nothing in the article we read states for a fact, that the 30-foot sailboat was equipped with a motor. If the man in question is convicted, he faces fines, possible jail time and the suspension of his boat license.

The dangers of boating under the influence are obvious. If you have been charged with this offense, contact an experienced San Diego BUI lawyer to protect your rights.

Spiegel Law Group
109 West C Street
San Diego, CA 92101
(619) 338-0022

Share
Posted in San Diego Boating Under the Influence | Leave a comment

Domestic Violence and Alcohol Abuse

Posted on January 8, 2013 by admin

A recent article caught our eye involving alcohol use in the U.S. Marine Corps. Higher-ups in the Corps have apparently determined that there might be a problem. One of the indicators was the fact that the Marine Corps experienced 13 deaths in the United States and abroad in 2011 which were directly related to the use of alcohol. They include:

  • A Marine who was killed after falling from the 17th floor of a building;
  • A Marine killed by oncoming traffic while trying to cross a freeway; and
  • Several Marines who died after binge drinking.

These are, of course, just examples, and a few months ago a study declared that substance abuse in the military constituted a “public health crisis.” Almost half the service personnel interviewed say they engaged in binge drinking, and about 20% consider themselves heavy drinkers.

We bring this up not because it is in any way surprising to most of us that alcohol abuse is a problem in the armed forces. The most interesting point of the discussion is that, quite apart from accidental deaths, one study mentioned in the article points to the link between drinking in the military and domestic violence. Clearly, this is a link that has been long associated with the population in general. For example, the abuse of alcohol, according to the National Coalition Against Domestic Violence, is a leading cause of intimate partner violence, and over 60% of domestic violence offenders have substance abuse problems.

We also found it interesting that the new procedure in the Marine Corps is to give random on-duty breath tests to personnel: if the breath alcohol content (BrAC) is from 0.01 to under 0.04, the person can be referred for counseling; if the level is 0.04 or greater, there will be a referral to medical personnel. We suppose that this is better than nothing, but compare the consequences of the new policy to those of a commercial driver who is convicted of driving with a BrAC of 0.04 or more. That driver will lose his license, and with it his ability to make a living. In the case of a Marine, who is on duty, the same conduct will lead to a referral for a medical evaluation or counseling. This seems to be a fairly light penalty, when you consider that the Marine is likely carrying a weapon and at least theoretically responsible for our national defense.

In any event, while domestic violence remains a growing problem here and elsewhere, not everyone charged with an offense is guilty. Indeed, many of the disputes leading to such arrests involve credibility issues between the participants. If you have been charged with domestic violence, contact a San Diego domestic violence lawyer today.

Spiegel Law Group
109 West C Street
San Diego, CA 92101
(619) 338-0022

Share
Posted in San Diego Domestic Violence Attorney | Leave a comment

CSI’s Gary Dourdan Sentenced for Domestic Violence

Posted on December 30, 2012 by admin

Last year Gary Dourdan, former star of CSI, was charged with domestic violence. Police were summoned to Dourdan’s California home after he and his girlfriend were involved in a dispute. The girlfriend claimed that Dourdan punched her, resulting in a broken nose. This month he was sentenced after pleading no contest to the charge. Dourdan won’t have to spend any time in jail, but he was placed on probation for five years, with the stipulation that he have no contact with his girlfriend during that time. In addition, he’ll have to attend a year’s worth of domestic violence counseling.

While five years of probation may seem to some people like a significant penalty, things could have been much worse for Dourdan. The domestic battery charge alone could have landed him in jail for up to a year. In addition, if in fact the girlfriend’s nose was broken, the fracture would constitute a “serious bodily injury”, and the potential punishment in that case could have resulted in prison time of up to four years.

Although he avoided jail time in the domestic violence case, Dourdan has had other legal troubles over the past several years. In 2008, he was arrested for possession of illegal drugs, including cocaine, heroin, ecstasy, and drug paraphernalia, and eventually pleaded guilty to two felony drug possession charges. He then entered a diversion program. And last month he filed for bankruptcy, reporting significant debt, and stating that he couldn’t get by on monthly income of almost $15,000.

We don’t know if the domestic violence charges and financial woes have a single root cause, and if so whether that cause has anything to do with substance abuse. However, as criminal lawyers we often see instances where substance abuse plays a large role in conduct that on its face may appear to be unrelated to the use of drugs and/or alcohol, but which in fact are the direct result of it.

If you have been charged with domestic violence, contact an experienced San Diego criminal attorney today.

Spiegel Law Group
109 West C Street
San Diego, CA 92101
(619) 338-0022

Share
Posted in San Diego Domestic Violence Attorney | Leave a comment