San Diego Criminal Defense Lawyer Blog

California has the highest amount of parole violations in the nation.

The growing number of parole violations has grown significantly in recent years due to a variety of reasons. Individuals that have been released from prison that are on parole have a couple ways they can be sent back to prison. The two ways in which they can be sent back is if the parolee is convicted of a new crime, or if the parole board sees that the individual has had a technical violation. Examples of technical violations are if the individual fails a given drug test or misses an appointment with the parole officer. These situations are enough to send the parolee back to prison. The pattern for parolees to return to prison has fluctuated when having a technical violation however parolees returning to prison for new crimes has stayed at a constant rate.

In the last two decades parole violations raised 600 percent nationally but in California it has increased 2,884 percent. This growth comparison of the nation and California has a significant difference. California’s parolee population is greater than other states due to the fact that most prisoners who are released from California prisons are placed on parole while in other states this is not the case. Individual’s whose parole has been retracted has far exceeded the rest of the nation. A statistic offered by the California Parole Experiment is: one in every five parolees in the United States lives in California.

In order for a parolee to not be sent back to prison is if they carefully follow all court ordered rules and regulations. Since the most common way for a person’s parole to be evoked is by technical violations, it is imperative for the parolee to not miss any required appointments with the parole officer as well as to not use illegal substances in order to pass administered drug tests. It is also essential to not commit any new crime, although if this is the case this individual should contact San Diego criminal lawyer Victor Orsatti at the San Diego Law Center. These are obvious tips for parolees to follow. However, due to the amount of violation occurrences throughout California it is helpful to remember such advice.

Travis, J., & Lawrence, S. (2002). California parole experiment. Retrieved from
http://www.urban.org/uploadedPDF/CA_parole_exp.pdf.

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San Diego criminal defense attorney was sentenced Thursday for secretly filming several women undressing in an Escondido tanning salon.

43 year-old David Taylor Kaye was ordered by Judge Eugenia Eyherabide to probation and to receive sex offender counseling. Kaye was also ordered to not own pornography or a cell phone camera as well as to stay clear of tanning salons during his three year probation. Kaye was facing a 180 day jail sentence but Judge Eugenia suspended the jail stay unless Kaye violates his probation.

According to Deputy District Attorney Annette Irving, in June the defendant pleaded guilty to two misdemeanor counts each of filming another individual without their knowledge or consent and of peeping through a private area. Irving said “what was especially troubling was the fact that the person who committed these crimes holds the position of trust in our community”. Kaye was under a 10-month investigation which began when someone saw him secretly filming women at a tanning salon on El Norte Parkway. According to Escondido police Lt. Craig carter, on April 19, 2010 Kaye was arrested and charged with four misdemeanor counts of secretly filming another individual. There were seven victims identified one of them only being a 15 year-old girl.

A customer of the tanning salon happened to look up and was startled to see a recording camera in a small place between the ceiling and walls which separate the tanning booths where Kaye had placed them. Escondido police obtained a search warrant for the defendant’s San Marcos home and business in Carlsbad. According to the lieutenant, police found additional evidence on Kaye’s phones and computers that led to more charges. Kaye apologized to his victims through his San Diego criminal defense lawyer, Sean Leslie. Leslie said “He’s been very remorseful. He’s very apologetic, and he wants to make amends”.

Lawyer Who Taped Women At Tanning Salon Sentenced, 10news.com, August 11, 2011

Attorney Who Secretly Used Phone to Photograph Undressing Women Sentenced, sandiego6.com, August 11, 2011

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On Wednesday in Los Angeles, a Superior Court Judge, Keith Schwartz, gave Lindsay two options and either decision could result in jail time.

Lohan could either fight or accept a plea deal for stealing a $2500 necklace from an expensive jewelry store. Ultimately, the twenty four year old actress decided to plead not guilty. In Los Angeles, around Venice, a store reported that a $2500 necklace was missing when the necklace all of a sudden showed up to detectives by an undisclosed associate of the young, troubled actress.

Since May, there was always the slight possibility that Lohan could have returned to jail since she failed to appear at her DUI court hearing which resulted in the judge withdrawing her probation. Last year alone, the Parent Trap star was sentenced to rehab twice as well as jail twice. Her punishment was cut short due to overcrowding in the jail. Judge Schwartz revealed that Lohan needs to “get her life back on track” and that she should be given a new sobriety sponsor as well as psychological counseling.

Last year the actress failed her drug test which landed her three months of treatment. Lohan’s father believes that his daughter’s actions were the result of his divorce from her mother. Her behavior has really taken a toll on her professional career when she lost the part of Linda Lovelace for an upcoming film and has not had any work for almost four years ever since she was charged for driving under the influence of alcohol and possessing cocaine.

Judge Tells Lohan Day Of Reckoning Coming Soon, San Diego 10 News, February 25, 2011

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In Chula Vista on Wednesday, Miguel Angel Malacara was arrested due to DNA evidence linking him to a string of groping occurrences.

According to police, Malacara groped fourteen women in the Chula Vista area. Twenty-five year old Malacara is arranged to appear in court for his arraignment on Friday. Police were concerned that there would be other potential victims if Malacara hadn’t been caught. His arrest alleviated the stress for his victims as well as the community.

A week ago, there was a community meeting where a couple of sketches of the possible suspect were circulating around the meeting. The fourteen victim’s ages ranged from fifteen to late fifties and all the sexual batteries took place around the Broadway corridor located in the city’s downtown. Malacara is accused of touching the private parts of his victims over their clothes. According to one woman, Malacara not only touched her but bit her rear end. The evidence of DNA composed corresponded to Malacara, who in 2009 was arrested for selling drugs in National City. That same day, there was a domestic violence occurrence between Malacara and his girlfriend.

Malacara will not be able to post bail and is detained in county jail for domestic violence as well as violating his probation. He remains in custody while the investigation persists for the sexual battery groping case.

Arrest Made in Chula Vista Groper Series, Sign On San Diego, February 24, 2011

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In Chula Vista on Tuesday, Raul Casilla pleaded guilty for working without a contracting license and taking two elderly victims money.

Fifty-year old Casillas was sentenced to a year in jail and five months probation. The prosecuting attorney as well as the defense attorney explained that Casilla was considered a good man in his community who was religious and honest; however, Casilla tricked those who trusted him. According to Paul Greenwood, the Deputy District Attorney, explains that “he [Casilla] is a classic Jekyll and Hyde. He has destroyed people’s lives.” The San Diego criminal previously plead guilty to a felony and a misdemeanor for stealing from an elderly man, working without a license and using a false license number. As part of the charge, Casilla will have to repay the $60,000 at sentencing.

Since Casilla is repaying the money, he will not receive any prison time. While he is on probation he cannot do any contracting work, and if he violates probation there is the possibility that he could receive five years and eight months behind bars. According to the prosecutor, there were five victims who paid Casilla to work on their homes but the work was never completed. In 2005 through 2006 as well as 2008 he also pleaded guilty to working without a contacting license but still didn’t intend to ever apply for a legitimate license.

Supporters of Casilla that showed up to his sentencing accused that the elderly folks were lying when the hearing ended. As everyone was leaving the courtroom, deputies had to keep the groups seperated.

Man Gets a Year in Jail, Probation in Elder Theft Case, Sign on San Diego, February 15, 2011

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Joe Lizura, a popular San Diego weatherman pleaded guilty for engaging in lewd conduct inside an office window.

Lizura, 49, left KUSI-TV without a word of why he decided to leave. The misdemeanor charge he pled guilty to was in response to allegations made that he was masturbating in an office building window located in Normal Heights. The allegation was made in October of last year. On January 31st, Lizura entered his guilty plea resulting for him to serve three years probation. In addition to probation, Lizura has to attend a counseling session as well as pay a $200 fine.

A twenty-something female SDSU student who witnessed Lizura’s indecent exposure explained
that Lizura, although he was fully clothed, was masturbating in front of a glass door at the Latin America Multimedia Corporation offices while looking at her as she waited for the bus across the street. Chris Morris, his attorney, explained that “The witnesses are adamant that they saw what they saw," Morris said. "Joe is adamant that it didn’t happen that way.”

According to police LT. Andra Brown, there was another witness at that same bus stop who saw what was happening. It was confirmed that the San Diego weatherman had been in the building during that time when Police went to check it out. When Lizura was being questioned about the incident, he told Police that he was adjusting the blinds. The SDSU student picked Lizura out of a photo lineup. According to an official at KUSI, Lizura resigned in order to pursure his business.

TV Weatherman Joe Lizura Pleads Guilty to Lewd Act, Sign On San Diego, February 11, 2011

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A San Diego man pleads guilty Monday to thirteen felony charges for practicing medicine without a license during the time span of November 2001 to April 2009.

Kurt Walter Donsbach of Bonita pleads guilty to those felony charges in order to avoid prison. On his March 4th hearing, the San Diego criminal is expected to serve five years of probation and possibly local jail time in addition to probation. These charges included practicing medicine without a license, delivering and selling drugs that were misbranded with intent to mislead and defraud and lastly, the attempt of grand theft. According to court documents, these charges are related to three victims.

According to authorities, Donsbach was known as a chiropractor and a neuropathic doctor online as well as appeared on a radio show broadcasting on the internet. He stated to offer natural and nutritional remedy substitutes for various conditions such as cancer. Thomas Warwick, his attorney, claimed that his client was offering advice on alternative remedies, not practicing medicine.

A woman had developed osteoporosis over a six year time span due to a drug that Donsbach told her to take according to Gina Darvas, Deputy District Attorney. The prosecuting attorney described that Donsbach prescribed drugs that were not approved in the United States to his patients. The Rosarito beach clinic where Coretta Scott King died of cancer in January 2006 was founded by Donsbach. Mexican authorities closed the clinic a month later because of the unorthodox way they treated cancer as well as other health problems.

Fake Doctor Pleads Guilty to 13 Felonies, Sign on San Diego, Decemeber 13, 2010

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In San Diego County there were approximately 260 inmates convicted of nonviolent crimes that were released from jails around the San Diego County now that a new state law that is in effect.

A bill that was signed to reduce the state prison population as part of last year’s budget which will decrease an inmate’s amount of time served by about half. This new rule will be retroactive and the inmate will be credited for time already served.

Jail inmates convicted of San Diego violent crimes or crimes relating to children are not eligible for this new rule that now is in effect. Prisoners that were being released from jails in Otay Mesa or George Bailey were brought by bus to South Bay Jail or downtown where they were able use public transit.

The San Diego County Sheriff’s Department has been working in conjunction with the Probation Department, Public Defenders Office, County Council and the District Attorney’s Office to decide which inmates, out of about 1600 are eligible for early release.

Local jails release 260 under new state law, Sign on San Diego, January 25, 2010

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A San Diego crime sweep that took place over the weekend in Escondido nets 56 people arrested, including sex offenders and others with warrants out for their arrest, said Escondido police.

The sweep that targeted individuals who could possibly commit a San Diego criminal offense during the holidays ran from Friday at 4:00p.m.and ended Saturday at 2:00 a.m. Affiliates from the California Department of Corrections, Sheriff’s Department, County Probation, U.S. Immigration and Customs Enforcement and the regional Auto Theft Task Force, and the state Alcohol Beverage Control worked in conjunction of the sweep.

Fifty-six people who were suspected of having felonies, misdemeanors or active warrants were taken into custody by police. 13 San Diego registered sex offenders were checked on as well as 100 people who had warrants or on probation. Seventy-five citations were issued and twenty-two cars were impounded by police, according to Lt. Chris Wynn.

If you are arrested for a crime, having the right San Diego criminal defense attorney to defend your case can be one of the most important decisions you make.

ESCONDIDO: 56 arrested in sweep , North County Times, November 15, 2009

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Reality TV starlet and daughter of the late attorney Robert Kardashian, Khloe Kardashian spent all of three hours in jail on Friday after she admitted to violating her probation by failing to enroll in an alcohol education class and pick up roadside trash. She had been arrested last year for drunk driving.

Kardashian appeared on E! Entertainment Television's show "Keeping Up With the Kardashians." But the biggest drama in the Los Angeles area jail was not Kardashian's presence. Just before the 24-year-old arrived, someone called in a bomb threat and the entire facility went under lockdown. After further investigation, the called turned out to be a hoax.

Thanks to overcrowded jails, Kardashians was released early, not unlike the short jail stints of other celebrities like Lindsay Lohan and Nicole Richie. Los Angeles County Sheriff's spokesperson Steve Whitmore insisted that the TV personality was treated the same way other inmates with similar charges are treated.

If you violated your probation or face charges for drunk driving, then contact Victor Orsatti. The San Diego DUI attorney will explain California's complex legal system and help you understand your options.

Khloe Kardashian’s Jail Sentence Shortened, andPOP.com, July 20, 2008

Khloe Kardashian does hard time: 3 hours, Associated Press, July 19, 2008