Tag: criminal defense attorney

Utah Governor Gary Herbert Officially Signs HB155, Lowering Utah’s Legal Limit to .05

Posted by Staff on March 24, 2017

Utah Governor Gary Herbert has signed HB155, making Utah the first state to lower its legal BAC to under 0.08. This comes as a shocking move to those in Utah and has been met with heavy opposition by citizens and researchers.Researchers and citizens do not feel that the new legal limit will do much to make the roads safer. According to Fox News, 3,818 phone calls, emails, and letters of opposition have been received asking for the .05 limit to be vetoed, citing the targeting of innocent citizens as a major concern. Researchers from the American Beverage Institute have found that 77% of alcohol-related traffic fatalities in Utah come from high-BAC and repeat offenders. This has prompted the ABI to release a statement urging Governor Herbert to veto the bill and instead implement a 24/7 Sobriety Program that targets repeat offenders and those with high-BAC.

Criminal Defense Attorney Darren Kavinoky believes the new law could take citizens who were “driving legally before this legislation and turn them into a convicted criminal, with all the direct and indirect consequences that come from that.”

Kavinoky is not shocked that restaurants and bars are concerned, citing reaching a .05 after “just a single drink” as a major possibility. Kavinoky believes the new law could “have a huge, chilling effect on business, and in the case of Utah, where tourism is a significant revenue source, could mean disastrous results.”

“There’s little debate over the notion that everyone wants to drive on safe roads. At the same time, I would be surprised if ‘Joe or Jane Citizen’ didn’t rebel against the idea of lowering the legal limit yet again.

There’s always a tension between the rights of the individual versus the interest of the government in enacting laws that preserve the safety of its citizens. In this case, Utah appears to have tipped the scales against long-held notions of personal liberty and freedom. This could backfire significantly.

“There is definitely a trend in the lowering of the legal limit,” Kavinoky believes, “in California DUI cases, for example, the legal limit for those people 21 and older used to be
.15, then it became .10, and then it was lowered to .08. When certain states held out on dropping from .10 to .08, the federal government threatened to withhold funding to get them into line. Those changes weren’t driven by science or safety, but by politics.”

Governor Herbert claims the newly passed law “does not target drinking” but rather makes for “good public policy”. Only time will tell how effective the new policy will be.

References: http://fox13now.com/2017/03/23/utahs-governor-says-he-will-sign-bill-lowering-dui-level-to-05-the-lowest-in-the-nation/

http://www.responsiblelimits.com

Southern California’s Privatized Jails are Garnering Serious Attention

Posted by Staff on March 13, 2017

“Southern California’s Criminal Law pay-to-stay jail programs are now garnering serious attention” says Criminal Defense Lawyer Darren Kavinoky, founder of 1800NoCuffs.

Convicted criminals can reserve their spot in a Southern California private jail for as little as $25/night. This has sparked controversy over what the LA Times calls a “two-tiered justice system” that allows those convicted of serious crimes to “buy their way into safer and more comfortable jails”.

On average, 87% of pay-to-stay tenants are non-violent offenders, largely California DUI arrests. The other 13% includes those convicted of violence, threats of violence, or sex crimes according to data collected by the LA Times and the Marshall Group.

Private jails have their tenants’ full support. Those occupying and running the private jails have claimed that the private jails provide a safe alternative to county jail, a place where the young, old, rich, and famous are susceptible to mental and physical abuse.

Shane Sparks, a hip-hop choreographer convicted for sexual intercourse with a minor under the age of 16, compared his time spent in jail to a “retreat”. Amenities in the cells include flat-screen TVs, new beds, choice of bedding, and freedom to go to work while being incarcerated.

“While this may seem offensive on its face, the truth is that many criminal defenders are ‘soft,’ meaning that putting them into Los Angeles or Orange County Jail would subject them to all manners of physical, psychological, and emotional trauma. The truth is that our criminal recidivism rates are ridiculous, about 70% depending on who’s study you read. Unless someone goes into a jail environment determined to use it as an opportunity to turn their life around, all we are doing is sending people to a graduate school for crime” says `Darren Kavinoky.

Victims have heavily scrutinized the pay-to-stay options claiming a lack of rehabilitation due to the aforementioned trauma factor being eliminated.

Upon finding out his assailant would be attending private jail due to being “afraid of the general population”, Tanner Mester, a stabbing victim, called these fears “part of jail” and “what makes you not want to go back”.

Multiple victims have stepped up to speak out against the pay-to-stay option for violent criminals, mainly siding with Mester, citing a lack of rehabilitation. Kavinoky adds that “County jail is both for people who have been convicted of misdemeanor crimes and for all people who are awaiting trial for all types of crimes from murder to sidewalk spitting. This means we’re taking someone who’s been pulled over for 1^st offense DUI and housing them with someone who’s been charged with murder. Expecting someone who has been pulled for 1^st offense DUI to come out ‘new and improved’ in this instance is simply wrong. It’s like rearranging the deck chairs on a ship called the ‘Titanic’. You can feng shui those deck chairs all you want but if you don’t deal with your iceberg problem that ship is going down.”

References: http://www.latimes.com/projects/la-me-pay-to-stay-jails/#nt=oft09a-6gp1

Simi Valley Arrest Highlights California Hate Crimes Law

Posted by Staff on December 12, 2016

A Simi Valley arrest over the weekend highlights California hate crimes law as 2016 comes to a close. According to a CBS Local report, John Matteson was arrested for suspicion of a hate crime in Simi Valley, California. [1] Matteson was arrested in connection to a stabbing incident outside of a mosque on Erringer Road in the town most known for the Ronald Reagan Library.

The Ventura County Sheriff’s website lists Matteson’s age at 29 and bail at $25,000.00. He is charged with two felonies and a misdemeanor. “Code:PC Sec:422 Level:Felony Criminal Threats Code:PC Sec:422.7 Level:Felony Violation Of Civil Rights Code:PC Sec:415(1) Level:Misdemeanor Disturbing The Peace By Fighting.” [10]

California Penal Code Section 422.7 states:
“Except in the case of a person punished under Section 422.6, any hate crime that is not made punishable by imprisonment in the state prison shall be punishable by imprisonment in a county jail not to exceed one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine not to exceed ten thousand dollars ($10,000), or by both that imprisonment and fine, if the crime is committed against the person or property of another for the purpose of intimidating or interfering with that other person’s free exercise or enjoyment of any right secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States under any of the following circumstances, which shall be charged in the accusatory pleading:
(a) The crime against the person of another either includes the present ability to commit a violent injury or causes actual physical injury.
(b) The crime against property causes damage in excess of nine hundred fifty dollars ($950).
(c) The person charged with a crime under this section has been convicted previously of a violation of subdivision (a) or (b) of Section 422.6, or has been convicted previously of a conspiracy to commit a crime described in subdivision (a) or (b) of Section 422.6.” [11]

If, as initial reports allege, this crime was motivated by hate, then it may be subject to California Penal Code Section 422.6, which states in section (a) that, ”No person, whether or not acting under color of law, shall by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States in whole or in part because of one or more of the actual or perceived characteristics of the victim listed in subdivision (a) of Section 422.55.” (Section 422.55 explained below.) [9]

Simi Valley is a town with a historically low crime rate, which is why this case is raising community eyebrows. “The crime rate in Simi Valley, CA is 57% lower than the average of the whole of the state of California, and when compared with the national average, is 54% lower than. When looking at violent crimes, Simi Valley, CA has 68% lower than violent crime rate than California average, while remaining 63% lower than the national average. In property crime, Simi Valley, CA is 55% lower than the average of California and is 52% lower than the national average.” [4]

Contrary to public perception, according to Pew Research Center, crime rates overall are down. “Between 2008 and 2015 (the most recent year for which data are available), U.S. violent crime and property crime rates fell 19% and 23%, respectively, according to the FBI’s Uniform Crime Reporting Program, which tallies serious crimes reported to police in more than 18,000 jurisdictions around the nation.” [2]

Hate Crimes

But what does this mean for hate crimes? Where do they rank? Hate crimes seem to vacillate from year to year with no large swing up or down when you look at FBI reports for 2015, 2014, and 2013.

The FBI tallies hate crimes year by year and the federal agency reports that in 2015, “14,997 law enforcement agencies participated in the Hate Crime Statistics Program. Of these agencies, 1,742 reported 5,850 hate crime incidents involving 6,885 offenses.” [3]

“In 2014, 15,494 law enforcement agencies participated in the Hate Crime Statistics Program. Of these agencies, 1,666 reported 5,479 hate crime incidents involving 6,418 offenses.” [5]

“The UCR Program’s Hate Crime Statistics Program included 15,016 participating law enforcement agencies in 2013. These agencies provided 1 to 12 months of data about bias-motivated crime, and of those agencies, 1,826 (12.2 percent) reported 5,928 incidents.” [6]

California Hate Crime Law

The legal definition of hate crime as defined by California Penal Code Section 422.55 is as follows:
“‘Hate crime’ means a criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim:

(1) Disability.

(2) Gender.

(3) Nationality.

(4) Race or ethnicity.

(5) Religion.

(6) Sexual orientation.

(7) Association with a person or group with one or more of these actual or perceived characteristics.

(b) “Hate crime” includes, but is not limited to, a violation of Section 422.6.” [8]

Enhanced Sentencing for Hate Crimes

In the state of California, “Hate Crime” law is governed by the 2016 California Rules of Court, Rule 4.427, which is “intended to assist judges in sentencing in felony hate crime cases.” [7] The rule is applicable to the following per Courts.Ca.Gov:

“(1)Felony sentencing under section 422.7;

(2)Convictions of felonies with a hate crime enhancement under section 422.75; and

(3)Convictions of felonies that qualify as hate crimes under section 422.55.” [7]

The rule states, “If one of the three factors listed in section 422.7 is pled and proved, a misdemeanor conviction that constitutes a hate crime under section 422.55 may be sentenced as a felony.” [7]

In addition, “If a hate crime enhancement is pled and proved, the punishment for a felony conviction must be enhanced under section 422.75 unless the conviction is sentenced as a felony under section 422.7.” [7]

SOURCES

1. Staff. December 12, 2016. CBS Local News. “Man Arrested On Suspicion Of Committing Hate Crime In Simi Valley.” Retrieved via http://losangeles.cbslocal.com/2016/12/12/simi-valley-hate-crime-arrested/

2. John Gramlich. November 16, 2016. Pew Research Center. “Voters’ perceptions of crime continue to conflict with reality.” Retrieved via http://www.pewresearch.org/fact-tank/2016/11/16/voters-perceptions-of-crime-continue-to-conflict-with-reality/.

3. FBI. Hate Crime Statistics. 2015. “Incidents and Offenses.” Retrieved via .

4. December 12, 2016. AreaVibes.com. “Simi Valley CA Crime.” Retrieved via http://www.areavibes.com/simi+valley-ca/crime/.

5. FBI. Hate Crime Statistics. 2014. “Incidents and Offenses.” Retrieved via

6. FBI. Hate Crime Statistics. 2013. “Hate Crime Jurisdiction Final.” Retrieved via .

7. The State of California. “2016 California Rules of Court. Rule 4.427. Hate crimes.” Retrieved via http://www.courts.ca.gov/cms/rules/index.cfm?title=four&linkid=rule4_427.

8. Findlaw.com. Retrieved on December 12, 2016 via http://codes.findlaw.com/ca/penal-code/pen-sect-422-55.html.

9. Findlaw.com Retrieved on December 12, 2016 via http://codes.findlaw.com/ca/penal-code/pen-sect-422-6.html.

10. Ventura County Sheriffs Website. Retrieved on December 12, 2016 via http://www.vcsd.org/pr-inmate-detail.php?booking_nbr=2001255.

11. Findlaw.com Retrieved on December 12, 2016 via http://codes.findlaw.com/ca/penal-code/pen-sect-422-7.html.

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Embryos of Sofia Vergara Suing the Actress for Inheritance

Posted by Staff on December 7, 2016

The embryos of Sofia Vergara are suing the Modern Family actress for their alleged inheritance, according to a report out today by Fox News. [1] What does this mean in legal terms? The law is unclear here. Things change at a rapid pace in the medical and technology world, but legislation tends to trail far behind. As these high-profile cases come to light, more couples may turn to lawyers to discuss and agree upon custody of embryos in advance to avoid legal challenges later.

According to the report, Vergara is being sued on behalf of her fertilized eggs. And, the suit is the second one in regard to the embryos. The first was filed by her former fiance, Nick Loeb. The first custody lawsuit was filed in California. This new lawsuit is filed in the state of Louisiana where Loeb reportedly, “has ties.” [1] An MSN report states that the are “pre-embryos” and the actress is “being sued by a Louisiana pro-life group representing the frozen fertilized eggs, which are stored in an Los Angeles facility.” [3]

Sofia Vergara Embryos Lawsuit

Criminal Attorney and Celebrity Media Analyst Darren Kavinoky

Criminal Defense lawyer Darren Kavinoky, founding attorney of 1.800.NoCuffs and The Kavinoky Law Firm, explains, “This is yet one more example of how the law has historically struggled to keep pace with societal and scientific advances.”

Criminal defense lawyer and TV legal analyst Darren Kavinoky says he sees this all the time in a variety of legal areas, not just the criminal defense and DUI defense law he emphasizes. “Besides the celebrity factor,” adds Kavinoky, “the truly interesting facet of the case is when life is legally deemed to begin. That,” says Kavinoky, “is a thorny issue the courts have wrestled with for decades.”

What are child custody laws in Louisiana?

The child custody laws in Louisiana, according to Find Law, currently state, “The court shall award custody in accordance with the parents’ agreement, unless the best interests of the child require otherwise. If there is no agreement or if the agreement is not in the best interests of the child, the court shall award joint custody, unless custody by one parent is shown by clear and convincing evidence to serve the child’s best interests. Factors for determining the child’s best interests include a stable environment and the primary caretaker preference. The parent not awarded custody is entitled to reasonable visitation.” [2]

SOURCES
1. Find Law. Retrieved on December 7, 2016 via http://family.findlaw.com/child-custody/child-custody-summaries-of-state-laws.html.

2. Gina Vivinetto. MSN. “‘Modern Family’ star Sofia Vergara sued by her own frozen embryos.” Retrieved via .
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Mistrial Declared in Michael Slager Case; What Does This Mean?

Posted by Staff on December 6, 2016

CNN Reports that a mistrial has been declared in the Michael Slager case, the former North Charleston officer that “shot and killed Walter Scott, an unarmed black man, after a 2015 traffic stop.” [1]

Read more about the Michael Slager case here.

In court, December 5, 2016, Judge Clifton Newman, the presiding judge in Charleston, South Carolina reads a statement out loud from the jury in court. “We as the jury regret to inform the court that despite the best efforts of all members we are unable to come to unanimous decision based on the State v. Micheal Slager. …The Court must, therefore, declare a mistrial in this case and I so declare that this case is mistrialed.” Judge Newman goes on to say, “If there is no unanimous verdict, then we are back to square one. And that is where we are in this case.” [1]

What does a mistrial mean in this case?

Jury Trial and Mistrial

Criminal Defense lawyer Darren Kavinoky, founding attorney of 1.800.NoCuffs and The Kavinoky Law Firm, explains, “Mistrials, do NOT give the defendant a ‘get out of jail free’ card. A deadlocked jury, and a mistrial, is simply an opportunity for a ‘do over,’ and this is something that frequently benefits the prosecution (since they’ve now seen the defense and heard from defense witnesses).

According to the CNN, the 9th Judicial Circuit Solicitor Scarlett A. wilson says, “We will try Michael Slager again.” [1]

SOURCES

1. Darran Simon, Keith O’Shea and Emanuella Grinberg. December 6, 2016. CNN. “Judge declares mistrial in Michael Slager trial.” Retrieved via http://www.cnn.com/2016/12/05/us/michael-slager-murder-trial-walter-scott-mistrial/index.html.

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DUI Attorney Los Angeles

Criminal Defense attorney Darren Kavinoky is the founding attorney of 1.800.NoCuffs. If you need a DUI attorney in Los Angeles, you can see the team at The Kavinoky Law Firm here.

Jason Ross Harris Gets Life Without Parole for Hot Car Toddler Murder

Posted by Staff on December 5, 2016

The Georgia Judge in the sentencing hearing of Jason Ross Harris issued a life without parole sentence today, according to ABC News. The father was found guilty of murdering his toddler son by locking him in a hot car in Atlanta for several hours. [1]

Judge Mary Staley Clark ended the sentencing hearing with one final comment. “I went back and reviewed and thought about your statement to the police and your statement to your wife when you were taken into custody. And it stood out to me that in both of those you took the occasion to express your wish so that you would be an advocate so that people would never do this again to their children. And, I would say, perhaps not in the way you intended, but you have in fact accomplished that goal.”

Automobile-related hot car suffocation is known as “death by hyperthermia.” But, what makes the story more horrific is that on the day that Harris left his small child in the hot car, reports indicate that “Harris was sexting with six women, including one minor, according to phone records.” [2] And, Christopher Brennan reports, “Other evidence exposed at trial showed that Harris had watched a video about hot car deaths in the days before the killing and that minutes before he locked the toddler in his car, he said, ‘I love my son and all, but we both need escapes.'” [3]

The criminal charges and sentencing hearing today address those issues as well. In addition to Count One, Malice Murder and the sentencing of life without parole, Judge Clark also sentenced Jason Ross Harris to the follow:

20 years for Count 5 Cruelty to Children in the Second Degree

10 years for Count 6 Criminal Attempt to Commit a Felony to/with Sexual Exploitation of Children

12 months for Count 7 of Disseminataion of Harmful Material to Minors

12 months for Count 8 of Dissemination of Harmful Material to Minors

For more on Darren Kavinoky’s coverage of the case, check out:
“Hot Car” Deaths: Is It Really Possible For A Parent To Forget About Their Child? http://crimefeed.com/?p=6748 via CrimeFeed.com

Watch Darren talk about the case here:

SOURCES
1. Emily Shapiro. December 5, 2016. ABC News. “Justin Ross Harris Sentenced to Life Without Parole for Son’s Hot Car Death.” Retrieved via http://abcnews.go.com/US/justin-ross-harris-sentenced-life-parole-sons-hot/story?id=43980462.

2. Mayra Cuevas. November 14, 2016. CNN. “Jury finds Justin Ross Harris guilty of murder in son’s hot car death.” Retrieved via http://www.cnn.com/2016/11/14/us/justin-ross-harris-trial-verdict/index.html.

3. Christopher Brennan. November 14, 2016. New York Daily News. “Justin Ross Harris found guilty of murdering toddler son in hot car.” Retrieved via http://www.nydailynews.com/news/national/justin-ross-harris-found-guilty-hot-car-toddler-murder-article-1.2872935.

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Nickelback, DUIs and Travel to Canada After DUI on CNN International

Posted by Staff on December 1, 2016

Can you travel to Canada after a DUI? Darren Kavinoky and John Vause discuss on CNN International amidst the Canadian police Nickelback DUI punishment news buzz.

Can you travel to Canada after a DUI? The Canadians announcement yesterday that they will impose music playing as part of DUI punishment brings up the question of DUI policy in Canada and how they view potential visitors to their country who have a DUI on their record. Darren Kavinoky appears on CNN International with John Vause to discuss Canada’s announcement that they will play Nickelback for those arrested for DUI in the police car ride to the station.

Kensington Police Service in Canada announced the new DUI punishment in a Facebook post over the weekend…”When we catch you, and we will catch you, on top of a hefty fine, a criminal charge and a years driving suspension we will also provide you with a bonus gift of playing the offices copy of Nickelback in the cruiser on the way to jail.” [1]

John Vause of CNN says, “In the sleepy town of Kensington they’re warning of a cruel and unusual punishment for drunk drivers who find themselves in the back of a patrol car…miranda rights, handcuffs and the blaring sound of Canada’s much-maligned rock band Nickelback. Criminal defense attorney Darren Kavinoky joins me now. Mr. No Cuffs specializes in DUI law.”

“I think it’s so clever and I’ll bet you that tomorrow Chief Marketing Officers in corporations all around the world are going to be called into their bosses office to say, ‘You know what do one of those viral things for me.’ It’s an authentic real way to get people engaged in an important conversation. It’s a big problem,” observes criminal defense lawyer Darren Kavinoky.

“The department told CNN today they don’t actually hate the band,” says Vause. He adds, “They said this, ‘We are just using a different approach to get an age old message. As long as it starts a ‘don’t drink and drive’ dialogue, we’re happy with that.'”

“In Canada, in particular, we’ve seen that over half the fatalities that happen on the roadway involve alcohol or drugs and so this is a real problem that needs some real solutions and this opens up some opportunity for real dialogue so I’m very much in favor of what they’re doing here.” says Kavinoky.

Can you travel to Canada if you have a DUI?

John Vause of CNN adds, “If you look at the issue of drink driving in Canada, they have some of the toughest [DUI] laws on the books. Right?”

“They do,” answers Kavinoky. “As a matter of fact, even for citizens in the United States,” says Kavinoky, “they’re unable to gain entry into Canada if they’re on probation for DUI here in the U.S. So Canada takes it very seriously with jail, license suspensions. They do all those things internally, but even for people who have DUIs in other countries who want to come visit Canada, forget it.”

“I would love to be put out of business thanks to Nickelback,” says Kavinoky. “A matter of time,” responds Vause. Watch the video live here.

SOURCES
1. Rolando Zenteno. CNN International. November 30, 2016. “Canadian cops to punish drunk drivers with Nickelback tunes.” Retrieved via http://www.cnn.com/2016/11/30/americas/police-canada-nickelback-dui-trnd/.
2. CNN International.

John Vause on CNN http://www.twitter.com/vausecnn

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Touching another golfer’s ball leads to violent assault on the course

Posted by Stephen Hariton on November 30, 2016

Touching another golfer’s ball leads to a violent assault on the course in a shocking incident. At the Indian Creek Golf Club in Carrollton Texas, CBS News reports that one man was “left bloodied with a brain injury and broken ribs.” [1] Michael Plumlee was in a foursome on the green at the 17th hole when allegedly a player from a group behind named Kevin Keo Sivilay went against golf etiquette and hit his ball into the Plumlee foursome.

Reports say that Plumlee threw Sivilay’s ball off the green in response and allegedly this action by Plumlee led to Sivilay striking him with an iron golf club. Plumlee was reportedly hit in the back of the head. Sivilay then allegedly continued to strike Plumlee with the club.

CBS reports that the incident left Plumlee unconscious[1] and his prognosis is uncertain at this time. Police arrested Sivilay and took into evidence several golf clubs to determine the one which was used in the attack.

At this point, Sivilay needs the best criminal defense attorney he can find as CBS is reporting that he is looking at a sentence of 20 years if convicted. His case and sentencing will likely take into account Sivilay’s previous conviction of car burglary.

Criminal Defense Lawyer

Having the best representation in any criminal case is vital to a defendant’s ability to be treated fairly and in cases such as this, where golf is a “Gentleman’s Game,” this will be looked upon as a violent person with a past history of criminal behavior destroying a fun day on the golf course.

You can never be sure what will be considered a weapon, be it a golf club or something else. Mr. Plumlee was enjoying a pleasant day on the golf course, and society doesn’t look kindly on unwarranted attacks in a place where there is an expectation of manners and civility. A competent criminal defense lawyer is necessary to keep the playing field level. At no time should you ever trust your freedom to someone incapable of delivering only the best defense.

SOURCES
1. CBS News. “Texas golfer charged after brutal club attack on golfer who moved his ball.” Retrieved via http://www.cbsnews.com/news/witnesses-golfer-beats-another-with-club-on-course-in-texas/.

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Former NFL Player Darren Sharper Faces Sentencing for Sex Crimes

Posted by Staff on November 29, 2016

Darren Sharper is now facing sentencing for sex crimes that may include 18 years behind bars. The 41-year-old former NFL player admitted to and has been convicted of sex crimes that include drugging and raping women in four different states, according to a report by CBS Local LA. [1] Read more about the story here. Criminal defense attorney Darren Kavinoky weighs in on the Darren Sharper rape case sentencing.

“Although the nature of the crime seems straightforward enough – disgraced NFL star Darren Sharper drugging and sexually assaulting women in various states – this is actually a highly complex case, since it involves both federal and state court prosecutions in multiple jurisdictions,” observes celebrated criminal defense lawyer Darren Kavinoky.

“Though it appeared that a ‘global settlement’ was at hand, meaning one that would involve a singular sentence for all up and says in the various jurisdictions,” Kavinoky adds, “this was blocked by a Federal judge in Louisiana who deemed the eight-year deal too lenient, and instead imposed 18 years.”

“Sharper will undoubtedly do at least eight years behind bars, and possibly as much as 18 years in custody. While this is all being sorted out, one thing remains clear: Sharper won’t be enjoying fresh air anytime soon,” Kavinoky says.

Darren Sharper faces 4th and final sentencing for drugging and raping women in a Los Angeles courtroom today. https://t.co/MKYUwUHrzG pic.twitter.com/fCjbJcjD4H

— CBS Los Angeles (@CBSLA) November 29, 2016

Sex Crimes

“As severe as this sentence may seem,” says Kavinoky, “with the collateral consequences of ending his NFL career, sex crimes are unusual in that they typically involve mandatory consecutive sentencing. This means that each sentence is stacked on top of each other, rather than being served concurrently, meaning all at the same time. Mr. Sharper should, therefore, consider himself fortunate in many respects, notwithstanding the punishment he now faces.”

SOURCES
1. AP. CBS LA. November 29, 2016. “Ex-NFL Star Darren Sharper Faces Final Sentence In Drugging Rapes.” Retrieved via http://losangeles.cbslocal.com/2016/11/29/ex-nfl-star-darren-sharper-faces-final-sentence-in-drugging-rapes/.

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Dani Mathers Playmate to be Arraigned Today in Invasion of Privacy Case

Posted by Staff on November 28, 2016

Dani Mathers is scheduled to appear in court today for her arraignment in Los Angeles on invasion of privacy charges.[1] The Playboy Playmate is accused of invasion of privacy and body shaming a 70-year-old woman in a locker room.

In July, Mathers made news for posting a “selfie” Snapchat post from inside her gym’s locker room that also revealed a naked older woman. Read more about the case and see the apology Mathers posted here: Dani Mathers playmate body shaming arrest

The Snapchat photo Mathers posted is paired side by side with a “selfie” of the 2015 Playmate of the Year covering her mouth. The photo is captioned, “If I can’t unsee this then you can’t either.”

The location where the incident resulting in charges of invasion of privacy occurred, LA Fitness, put out this statement in response to the incident when it happened, via Twitter, “Her behavior is appalling & puts members @ risk. We ended membership & she can’t use any club. It’s not just our rule, it’s common decency.”

Her behavior is appalling & puts members @ risk. We ended membership & she can’t use any club. It’s not just our rule, it’s common decency.

— LA Fitness (@LAFitness) July 15, 2016

Invasion of Privacy

The legal issues involved in the case revolve around the alleged online cyber exploitation of the 70 year old woman’s naked image.

“Cyber Exploitation – California Penal Code sections 502, 502.01, 647, 647.8, 786 and Civil Code § 1708.85 These provisions address cyber-exploitation, sometimes called “revenge porn.” Penal Code § 647 adds to the definition of disorderly conduct the intentional distribution of an image of another person’s intimate body parts, or engagement in specified sexual acts when a) the persons in the image agreed or understood that the image was to remain private, b) the person distributing the image knows or should have known that distribution of the image will cause serious emotional distress, and c) the person depicted in the image suffers the resulting distress. Penal Code §§ 502, 502.01, 647.8, and 786 define penalties, jurisdiction, search warrants, and forfeiture as related to cyber exploitation. Civil Code § 1708.85 creates a private right of action against any person who intentionally, and without the consent of the subject, distributes such photographs or recorded images.” [2]

SOURCES
1. Debbie L. Sklar. November 28, 2016. mynewsla.com. “Playboy Playmate in court for alleged body shaming of woman.” Retrieved via http://mynewsla.com/crime/2016/11/28/playboy-playmate-in-court-for-alleged-body-shaming-of-woman-70/.

2. State of California Department of Justice, Office of the Attorney General. Retrieved via https://oag.ca.gov/privacy/privacy-laws

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