Law Office of Jesse P. Duran

Hope all fairgoers enjoy themselves this weekend. Be safe and responsible. However, if things get a little too wild at the Pat Benatar concert, give me a call because you know we belong together. 661-947-7148

California prison officials say 30,000 inmates are on hunger strike, over prison isolation policies.

According to the statistics, half of the traffic accidents occurring on the Fourth of July will be alcohol related. For your own sake, and the sake of others: be a vigilant and careful driver. The Law Office of Jesse P. Duran wishes you all a Happy Independence Day together with your families and friends!

In the News: Judges Order California to Free 10,000 Inmates Last week, a panel of federal judges ordered California to immediately begin plans to release 10K inmates from its overcrowded prisons by this years end. Gov. Jerry Brown has been aggressively fighting the court orders for months. Now, he has been ordered to immediately take certain steps such as expanding good-time credits, which would allow inmates to finish their sentences early; creating a "low-risk list" of offe...nder candidates for early release. Prisons are currently at 150 percent capacity. Reducing prison overcrowding is the main way to improve medical treatment and living conditions for inmates. In its ruling, the panel warned that Brown must report his steps to reduce the population to the court every two weeks, or risk being held in contempt. Friday, however, the Brown administration made it clear they have no intention of releasing prisoners swiftly. The governor requested a stay, asking the panel of judges to delay its order, and delay prisoner releases by a year; granting him time to appeal the decision to the U.S. Supreme Court, for the second time.

In the news last week, U.S. Supreme Court ruled that it is now legal to seize DNA upon arrest. Police can now routinely take DNA from people they arrest, equating a DNA cheek swab to other common booking procedures like fingerprinting and photographing. According to the new ruling, your DNA can be taken and entered into a national database if you are ever arrested, rightly or wrongly, and for whatever reason. Did you know that California has had different DNA arrest procedur...es, in effect since 2009? According to California law, anyone arrested for a felony in California can be required to submit to a mouth swab, and the genetic evidence is then processed and put into a state data bank. If charges are dropped or the person is acquitted, removal of your DNA from the bank is not automatic in California. Someone must apply to have his or her genetic profile removed from the database. DNA profiles in California's criminal database are routinely compared to genetic evidence left at crime scenes. A match can tie a suspect to a crime. It isn't clear exactly what impact the new ruling will have on the existing California DNA collection program.

We're here at the Car Wash helping raise money for the Gabriel Fernandez funeral fund! 10am-3pm! Avenue R and 17th St. E, hope you were able to stop by!

I, along with the entire Antelope Valley community, am appalled and dismayed after learning about the recent beating death of an 8-year-old Palmdale boy, Gabriel Fernandez. Gabriel was rushed to the hospital last wednesday, in critical condition but succumbed to his injuries two days later. Fernandez’ skull was broken, he had several broken ribs and severe burn marks over various spots of his body, according to the LA County Sheriff’s Department. Both his mother and her boyf...riend have been arrested and charged with capital murder with the special circumstance of torture. Today, I reached out to his family via the Facebook page that has been created in his honor, expressing my and my colleagues desire to donate and help spread the word on his behalf. His family is very thankful and have expressed that they would appreciate donations be made to an online fund that has been established. All donations will go directly to his grieving grandmother to help cover the costs of a proper funeral. Any additional funds will benefit his surviving siblings. If you would like to make a donation to the family of Gabriel Fernandez, please click on the link and donate. Even if you cannot donate directly, share this information with your friends and ask them to donate and share. Sadly, many calls for help were made by concerned family members, neighbors and teachers, and seem to have fallen on deaf ears. Let's get the word out about the atrocity that has happened to this little boy, so we can prevent another child's death at the hands of an abusive parent or guardian. If you see something, say something. http://www.indiegogo.com/proje/a-proper-funeral-for-gabriel

Strange but True Laws! Most Americans have a general understanding of what constitutes a crime. However, there are are many "strange but true" laws existing in states, cities, and towns across America! While some of these laws have been taken off the books, in other cases, these laws remain in statutes or codes, but have not been enforced for years. The following are only a sampling of strange laws . . . there are plenty more of them out there, so be on your guard! It is agai...nst the law to hunt for camels in Arizona. If you slap a man on the back in Georgia, you have broken the law. In Detroit, Michigan, it is against the law to sit in the middle of a street and read a newspaper. Boston, Massachusetts, once had a law which made it illegal to bathe more than one time per week. Dancing cheek-to-cheek is prohibited in Compton, California. In Oklahoma, you can be fined, arrested, or jailed for making ugly faces at a dog. In Memphis, Tennessee, it is against the law to sell teddy bears or yo-yo's on Sundays. A state law in South Carolina forbids people from crawling in public sewers without a permit. In Wyoming, women are required to stand five feet away from the bar while drinking. In Lake Charles, Louisiana, you can be cited if you allow a rain puddle to remain in your yard for more than twelve hours. You may not use a mule while hunting for ducks in Kansas. If you use a bean-shooter in Arkansas, you can be charged with a misdemeanor. At one time in Kansas, it was against the law for restaurants to serve cherry pie with ice cream. In Alabama, it is illegal for a driver to be blindfolded while operating a vehicle. A Connecticut law prohibits people from walking across a street on their hands. Men, in Florida, are prohibited from being seen in public in any type of strapless gown. In Iowa, kisses may last for as much as, but no longer than, five minutes. Mourners at a wake in Massachusetts may eat no more than three sandwiches apiece. Beer and pretzels may not be served at the same time in any restaurant or bar in North Dakota. In Florida, beauty shop patrons, as well as the shop owner, can be fined if they fall asleep under a hair dryer. It is against the law to lasso catfish in Tennessee. In King County, Washington, it is illegal for any woman to sit on a man's lap on a bus unless they are married. If you enjoyed this post, share it!

How Petty Theft Can Turn into Robbery in California: An Estes Robbery Petty theft, commercial burglary, and Estes robbery: different charges, of varying degrees of seriousness, that can all stem from the same type of conduct. Petty Theft is a misdemeanor, punishable by fine and up to 6 months in county jail.... Example scenario: An individual shoplifts property of another valued under $950, often in a retail store or supermarket setting. In certain instances, depending on the circumstances, petty theft can be reduced to an infraction, the lowest classification of criminal conduct. Commercial Burglary, considered second degree burglary, is classified as a "wobbler," meaning it can be either a felony or misdemeanor crime, depending on the circumstances surrounding the offense. When filed as a felony level offense, this charge does not count as a "strike" under California's "Three Strikes" Law. Example Scenario: An individual enters a non-residential structure with the intent to commit either a theft or any felony; the key distinction between petty theft and commercial burglary being the requirement that an individual enter with the intent to commit the theft or any felony for purposes of commercial burglary. An Estes Robbery is a combination of assault and theft, prosecuted as a felony, and is considered a "strike." Scenario: An individual attempts to shoplift merchandise from a store, is confronted by store security or loss prevention, and subsequently threatens or assaults the employee with a verbal and/or physical struggle (for instance, once confronted regarding the theft, shoving a security guard in an attempt to get away). Prosecutors will routinely file this type of case as an "Estes" robbery instead of a petty theft, even if nobody is injured and only threats were made. In this way, a minor theft offense can very quickly turn into a serious, first degree robbery offense. If you are being investigated for, or charged with a theft offense, call 661-947-7148 to consult with Jesse P. Duran, an experienced criminal defense attorney.

Do I Need A Lawyer To Represent Me Even If I Am Innocent? Every criminal defendant needs an attorney. Innocent defendants are perhaps in even greater need of representation throughout the criminal process to ensure that their rights are protected and that truth prevails. Even innocent people end up in jail, so the best way to prevent that miscarriage of justice is to employ the services of a seasoned criminal defense attorney. If I Simply Intend To Plead Guilty, Why Do I Need... A Lawyer? Even if you are guilty of the crime with which you are charged, it is imperative that you seek the advice of experienced counsel so that you can minimize your sentence and maximize your opportunities to move ahead toward a brighter future. Criminal defense attorneys are needed to equalize the balance of power between the defendant and the prosecution, and to ensure that the constitutional rights that are guaranteed to all criminal defendants, whether guilty or not, are preserved.