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Parole

PC 3000.08 applies to felon release from state prison after serving term for serious or violent committing offense, high-risk sex offenders, murder, three strikes sentence (i.e. 25 to life), MDO, and life top sex crimes. CDCR sets conditions; however, can be modified by the court. The maximum length of supervision is the parole term. Probation or district attorney can request revocation by petition, or court can do it on own motion.  Probation, district attorney or defendant can request any modification by petition, or court can do on own motion. Termination is not permitted via PC 1203.2(a). There is flash incarceration as an intermediate sanction, which is typically up to 10 days per violation. Sanctions by the court include reinstate custody up to 180 days in jail per violation; revoke and up to 180 days in jail; refer to re-entry court (with new 1170(h) eligible criminal case); place defendant on EMP; or refer to CDCR for murder/certain life sex crimes per PC 3000.1. The burden of proof is a preponderance of evidence at the revocation hearing.

If you have any questions about Parole, please call Attorney Vik Monder at 619-405-0063 or visit San Diego Criminal Defense

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Mandatory Supervision

1170(h)(5)(B) applies to felons sentenced to local prison with concluding portion served in the community under supervision of probation. The conditions are set by the court at time of sentencing and reviewed by court 30 days pre-release. The maximum length of supervision is the original sentence imposed by the court. Probation or district attorney can request revocation by petition, or court can do it on own motion. 

Probation, district attorney or defendant can request any modification by petition, or court can do on own motion. Termination of mandatory supervision results in remainder of original sentence being served in local jail prison per 1170(h)(5)(B)(i). There is no flash incarceration as intermediate sanction. The sanctions by the court include unserved custody on original sentence. However, if there is a new crime, can be served c/s or c/c and may result in state prison sentence if new crime is state prison qualified. The burden of proof is a preponderance of evidence at the revocation hearing and the court would calendar new technical misdemeanor violations set concurrently with new felony cases.

If you have any questions about mandatory supervision, please call Attorney Vik Monder at 619-405-0063 or visit San Diego Criminal Defense

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Re-Entry Court

Another alternative to San Diego county custody is Re-Entry Court. This is meant for parolees or PRCS offenders who commit a new PC1170 (h) felony and needs substance abuse treatment, a tailored case plan and high level of supervision.

The screening procedure is handled by the Re-Entry Court team Lisa Missett (DA) and Sue Clemens (PD).

The eligibility criteria require that the offender be a legal resident of San Diego County. The offender must agree to participate. The current offense is non-violent, non-serious, and non-sexual. The current offense is PC 1170 (h) eligible where offender must have the mental capacity to make discernments and must actively participate in the program. The offender must be on parole or PRCS at time of current offense.

The exclusionary factors to prevent this alternative to San Diego county custody is if the current offense or prison commitment is for a serious or violent felony (PC 667.5(c) or PC 1192.7(c)). There must not be any felony holds, detainers, warrants, interstate CDCR case, documented member of CDCR-recognized prison gang, or active CI. Furthermore, there must be no PC 451.1 (Arson), PC 186.22 allegations, or offense pursuant to family code 6211.

The program lasts 12-24 months. The offender must stipulate to local prison term but if execution is suspended then he or she will be placed on probation. Successful completion may lead to early termination of probation, but not dismissal of charges. Violations result in graduated sanctions and ultimately termination and execution of term of local imprisonment. 

If you have questions about re-entry court contact San Diego Criminal Attorney Vik Monder at 619.405.0063 or visit San Diego Criminal Defense Attorney

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Home Detention

Another alternative to San Diego county custody is home detention. This is meant for offenders sentenced to probation with a custodial sanction. Offenders are fitted with a GPS and are monitored 24 hours a day/ 7 days a week.

The screening process requires a referral to County Parole & Alternative Custody (CPAC).

The eligibility criteria require that the offender have a verifiable residence, agree to participate, able to pay a portion of costs associated with GPS and is granted probation with custodial sanction.

The exclusionary factors to prevent this alternative to San Diego county custody is if the offender is precluded by the court, sentenced per 1170(h) to ICJ; no open/pending other charges, detainers or active warrants; no domestic violence with valid protective order; inmates with arrests or convictions for sex offenses to include sexual assault, lewdness, indecent exposure, or child victim crimes are presumptively ineligible.

PC 4019 credits are not awarded so consider an alternative sentence to ensure defendant serves same time in home detention as he/she would in jail (365 days in custody or 180 on electronic monitoring if eligible and complaint).

Call Attorney Vik Monder if you have any questions about home detention at 619-405-0063 or visit San Diego Criminal Defense Attorney 

Monder Law Group - News

Work Furlough

Another alternative to San Diego county custody is Work Furlough & Employable Work Furlough. This is meant for offenders granted probation with a custodial sanction.

The screening process requires a referral to the Sheriff or probation for screening. Defendants can be screened pending sentencing.

The eligibility criteria require that the court does not preclude the defendant from the program. The defendant cannot have serious mental health/ behavioral issues. There cannot be any charges involving sales or large amounts of drugs. Furthermore, there cannot be convictions for felonies punishable by death/life; assault with intent or assault on an officer; great bodily injury; manslaughter, personal use of a dangerous weapon; robbery; selling/furnishing drugs to a minor; rape/other sex crimes including PC 261, 286, 286(c), 286(d), 288.5, 288a(c), 288a(d), 289(a); arson; exploding device; holding hostage by prisoner; kidnapping; mayhem; murder; grand theft firearm; or attempts of the above crimes.

Offenders allowed into the Work Furlough & Employable Work Furlough program by the San Diego Sherriff’s Office would be placed on GPS monitoring.

If you have question about Work Furlough, contact San Diego Criminal Defense Attorney Vik Monder at 619.405.0063 or visit San Diego Criminal Defense Attorney 

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Behavioral Health Court

Another alternative to San Diego county custody is Behavioral Health Court. This court is meant for the mentally ill offenders that are eligible for probation (felony or misdemeanor).

The screening process occurs between change of plea and sentencing. The parties must agree to a stipulated sentence. There must signed Arbuckle Waiver. The sentencing will be set on the Behavioral Health Court calendar. You should contact the Behavioral Health Court team member with the case number. The team will evaluate the defendant prior to sentencing date in Behavioral Health Court to make a final decision on eligibility. If ineligible, the defendant will be sentenced as stipulated.

The eligibility criteria are that the defendant is a San Diego County Resident. He or she is at least 18 years of age and a US citizen or legal permanent resident. He or she must be probation eligible, mentally competent, diagnosed with serious mental illness and get approval from the Behavioral Health Court team.

The exclusionary factors to prevent this alternative to San Diego county custody is if the defendant is convicted of a sex offense or 290 registrant, parolee, charged with use or possession of a firearm, charged with use of knife, or charged with an offense involving great bodily injury.

Successful completion of Behavioral Health Court may result in dismissal of some charges.

If you have questions about Behavioral Health Court, contact San Diego Criminal Defense Attorney Vik Monder at 619.405.0063 or visit San Diego Criminal Defense

Monder Law Group - News

Electronic Monitoring

Another alternative to San Diego county custody is Electronic Monitoring. This is meant for offenders eligible for bail while charges pending, may be referred for release on GPS. Offenders fitted with GPS and are monitored 24 hours a day, 7 days a week.

The screening process requires that the court make a referral. This would include input from the defense attorney and the district attorney office. The Sheriff will screen and make the final decision.

The eligibility criteria require that the defendant have a verifiable residence, bail must be set, court must refer, and the offender must pay portion of GPS cost if able.

The exclusionary factors to prevent this alternative to San Diego county custody is if the offender is ineligible for being released on his or her own recognizance or supervised own recognizance. There is no open or pending other charges, detainers or active warrants. There are no current or prior DV incidents (including child abuse) or stalking that resulted in a currently valid protective order. There are no sex offense charges pending, or prior convictions or arrest for sexual assault, lewdness, indecent exposure or child victim crimes. There are no current charges of murder, manslaughter, attempted murder, or gang, weapons or great bodily injury allegations. There is no current serious or violent felony with a strike prior (serious or violent felony prior convictions).

The Sheriff may immediately retake offender into custody for non-compliance or equipment failure without court order or warrant.

If you questions electronic monitoring, contact San Diego Criminal Defense Attorney Vik Monder at 619.405.0063 or visit San Diego Criminal Defense Attorney

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Drug Court

Drug Court is an alternative available to non-violent drug offenders and varies by location. The screening process occurs at the settlement conference. If all parties agree, then will enter change of plea and ask clerk for next Drug Court date. Drug Court Team will determine acceptance. If rejected, then it will be set in original/last dispo department for PHS.

The eligibility criteria would be nonviolent drug offense (HS11350, HS11357, HS11364, HS11365, HS11377, HS11359, HS11368, BP4140) and non-violent offense resulting from drug use (i.e. PC484)

The exclusionary factors that would prevent this alternative in custody would be if charges included sales of transportation of sales quantities, diversion eligible, record of drug sales or transportation of sales quantities, record for violence, record for child molest, history of weapons, parolee (drug ct. team discretion), strike prior (drug ct. team discretion), documented gang member, not capable of participation (hold), multiple FTA.

Drug court may result in dismissal of non-priorable charges upon successful completion. It requires frequent court reviews, program attendance, drug testing, employment/education. However, sanctions increase in severity from community service to custody and ultimately termination.

If you have questions about drug court contact San Diego Criminal Defense attorney Vik Monder or visit San Diego Criminal Defense Attorney

Monder Law Group - News

DNA Test After Arrest

The latest Supreme Court decision of Maryland v. King gives law enforcement another way to identify a suspect. In a 5-4 decision, the Court stated that officers are allowed to take DNA samples from an arrestee and enter the samples into a database. In this case, the officers in Maryland swabbed the cheek of Alonzo Jay King Jr. to extract a DNA sample. Mr. King stated that this procedure violated his Fourth Amendment right.

The Court disagrees. According to the court, this procedure was not intrusion. Also, this procedure is used to identify a suspect in custody. In addition, the Court stated that this procedure should only occur if the person is arrested for a serious crime.

The dissent is concerned about the ambiguous statement of a “serious crime.” It is not known what constitutes a serious crime. There are many crimes that are serious to one individual, but may not be serious to another individual. Also, the dissent feels this procedure is an intrusion by the government. They see no need for the government to conduct this treatment.

In addition, people who are wrongfully arrested will still have to submit to this procedure. It requires a low standard to be arrested, so there will be plenty innocent people who would have to go through this procedure. Also, their information will not be deleted from the data base.

Scalia writing for the dissent pointed out that the main purpose, according to the majority, of the cheek swab was to identify the arrestee, but the officers knew Mr. King’s identification prior to the cheek swab. He went on to say that there is no reason for officers to conduct this procedure.

This case will have an impact on the way law enforcement process information after an arrest. As science improves, the Court will have to tackle other forms of indentifying an individual.

If you have questions about a DNA test after an arrest, contact Criminal Defense Attorney Vik Monder at 619.405.0063 or visit San Diego Criminal Defense Attorney

Monder Law Group - News

Event Data Recorder

The extraction of information from the Event Data Recorder (EDR) may not intrude on one’s Fourth Amendment Rights. A person cannot claim that a violation of the Fourth Amendment has occurred unless “ the person who claims the protection of the Amendment has a legitimate expectation of privacy in the invaded place.” Rakas v. Illinois, 439 U.S. 128, 143 (1978). The subjectivity regarding the expectation of privacy is deemed legitimate if “society is prepared to recognize as reasonable.” Id. at 143-144. Here the data gained from the EDR device could be obtained by the public. One of the primary functions in the EDR device is to measure the speed of the vehicle. The public could receive this information by use of a radar gun. The information from the radar gun does not raise a reasonable expectation of privacy issue because the data is public.

Also, the EDR device is becoming more common in our society today. In Kyllo v. United States, the agents used a thermal device to determine whether the defendant was using heat lamps to grow marijuana. The Court said the thermal device was not widely used in public and thus the thermal device was an intrusion to one’s Fourth Amendment right. Unlike the thermal device in the Kyllo case, the EDR device is widely used in public and people are becoming more aware of its function which then diminishes one’s reasonable expectation of privacy rights.

In addition, people are willing to accept warrantless intrusion when it comes to information gained from license plates or VIN numbers. Similarly, the information gained from the EDR will be routine. So the public will be comfortable if the government wants to obtain data from the EDR device such as the speed of the vehicle. This will not alarm the public because the extraction of information from the EDR device will be routine and will be widely use by law enforcement.

If you have questions about the event data recorder in cars, contact San Diego Defense Attorney Vik Monder at 619.405.0063