San Jose Criminal Defense Lawyer Blog

A pedestrian was found dead in the early morning hours in Pacifica Sunday, after being hit by a vehicle. The unnamed person was found by local police at or around 1:30 a.m. near Sharpe Park Road. During the investigation an unnamed motorist arrived on the scene and admitted that he was responsible for the hit and run that resulted in the death. Police determined that the motorist was intoxicated at the time of the accident and arrested him on a felony manslaughter charge.

The Law in California allows the District Attorney to bring felony manslaughter charges where the driver of a motor vehicle was intoxicated and a passenger or pedestrian dies as a result. The standard for a manslaughter charge is 1) the driver was under the influence or alcohol or drugs; 2) a separate felony, misdemeanor or infraction was committed by the driver that is likely to cause a death; 3) the driver committed that act with gross negligence and 4) A person was killed as a result.

However, there are some questions that need to be answered. First, how did the police determine that the motorist was intoxicated at the time of the accident? How much time elapsed between the incident and the motorist's return to the scene? Did the police perform a preliminary alcohol screening? Are there witnesses who can testify that the motorist committed some other violation, felony, misdemeanor or infraction (the second prong of the factors noted above)?

Of course a forensics investigation will continue by law enforcement . However, if certain factors cannot be determined the motorist may have a defense or at least certain mitigating factors.

Continue reading "A DUI in Pacifica Leads to Death" »

After a year of marijuana busts at local Bay Area cannabis dispensaries, the City of San Jose has levied a tax on these businesses. Despite the fierce prosecution of these cases by the Santa Clara County District Attorney, San Jose has effectively announced that the dispensaries are legitimate businesses.

Under the 1993 Prop 215 law, such dispensaries are to be non-profit and their books made available to the public. Some in law enforcement and the DA's Office have argued that the dispensaries operate on a cash basis and do in fact make profits. The law is muddy and poorly written. It is unclear how a non-profit is defined under the law.

Even more surprising is the new (or maybe new) outlook the District Attorney may be having when it comes to marijuana. Newly elected DA Jeff Rosen has ordered one of his deputies to review the current status of the law, including the language of the statute and subsequent case law and to report back any necessary changes law enforcement should make. This is striking, because last year, under Rosen's predecessor, Santa Clara County saw a rash of cannabis raids, arrests and prosecutions. It appears that the District Attorney may be trying to achieve a balance between legitimate cannabis sales and those that do not meet the standards of Prop215 Compassionate Use.

Unfortunately San Jose's new Police Chief Chris Moore seems to remain skeptical about any new changes. We will see how strong Jeff Rosen will be against the law enforcement's zeal for arresting and prosecuting people protected under Prop 215.

Continue reading "San Jose to Tax Marijuana Dispensaries" »

Sean Quintero, only 18 years old, was driving his mother's Toyota. Three of his friends were in the car all discussing music when the car suddenly lost control and crossed two lanes of traffic, crashing into the rear of another vehicle. Quintero did not notice a traffic jam until it was too late and swerved to miss hitting oncoming traffic. One passenger was killed in the incident.

Unfortunately, Quintero had been drinking with his friends that night, although police have not released his blood alcohol concentration. He was arraigned in San Mateo County on charges for gross vehicular manslaughter, a felony. Currently he is being held in county bail with no bail.

The group of friends were having a fun night at the Serra Bowl in South San Francisco before going up to San Francisco to a party. The incident took place on their way back home. All the passengers are said to be 17 or 18 years old.

The Law in California allows the District Attorney to bring felony manslaughter charges where the driver of a motor vehicle was intoxicated and a passenger or pedestrian dies as a result. The standard for a manslaughter charge is 1) the driver was under the influence or alcohol or drugs; 2) a separate felony, misdemeanor or infraction was committed by the driver that is likely to cause a death; 3) the driver committed that act with gross negligence and 4) A person was killed as a result.

Here the prosecution will allege that Quintero had a blood alcohol above .08% and that his maneuver to avoid the traffic jam was grossly negligent. Gross negligence does not have to be as bad as it sounds. The legal standard is "below ordinary care" that creates a high risk of death. Driving a motor vehicle itself creates a high risk of death. All it really takes is some small infraction and the possibility a killing someone raises expedentially. So, the DA will argue.

The sad thing is: one life is forever gone and the other wasted.

Continue reading "Bay Area Teen Faces up to 17 Years" »