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May 19, 2011
  Stockton Attorney Lance Jacot Gets Embezzlement Case Dismissed
Posted By Jacot Law Firm
 

DeNeille Thompson pleads not guilty in local embezzlement case

Posted: Friday, April 15, 2011 12:00 am | Updated: 8:38 am, Fri Apr 15, 2011.

DeNeille Richie Thompson, 61, entered a not guilty plea against four felony charges in Lodi Superior Court on Thursday morning. Thompson is charged with conspiracy, forgery, falsification of documents and grand theft.

Thompson's wife, Cheryl Jacobson-Thompson, 53, was arrested Jan. 26 for allegedly embezzling nearly $250,000 from Tokay Glass company. The prosecution alleges the embezzlement began in 2005 and that Thompson took $43,000 during that time.


Thompson was arrested Tuesday and his wife's case was amended to add him to the charges. A request from Thompson's attorney to be released on his own recognizance was denied and his bail was set at $78,000.

During his request, attorney Lance Jacot said Thompson has appeared at court hearings for his wife and isn't a flight risk. Thompson works as an entertainer in Las Vegas and would return for his next scheduled court date, Jacot said. District Attorney Stephen Taylor countered by saying he didn't have any knowledge of full-time work for Thompson.

"He's worked two times in two years," Taylor said. "If he were employed, it would be news to us."

Contact reporter Jordan Guinn at jordang@lodinews.com .

Lodi Criminal attorney Lance Jacot was able to get all of the charges dismissed against his client (see story below).  If you have been charged with a crime in Lodi, Tracy, Manteca, Stockton, or anywhere in San Joaquin County contact criminal defense attorney Lance Jacot at (209) 463-1800 for a free consultation.

Lodian admits to grand theft

Bookkeeper Cheryl Jacobson-Thompson pleads guilty to embezzling nearly $250K from Tokay Glass

Cheryl Jacobson-Thompson

Posted: Thursday, April 28, 2011 12:00 am | Updated: 6:14 am, Fri Apr 29, 2011.

Cheryl Jacobson-Thompson, 53, pled guilty to grand theft Wednesday afternoon in Lodi Superior Court. Jacobson-Thompson was arrested Jan. 26 for embezzling nearly $250,000 from Tokay Glass Company over a period of several years.

“She admits the embezzlement exceeds $200,000 and will be sentenced Aug. 1,” said District Attorney Stephen Taylor. “She will be held without bail at county jail in French Camp until then.”

The plea deal comes with a 3-year prison sentence, Taylor said.

Jacobson-Thompson’s attorney, John Soldati, declined to comment on Wednesday’s plea.

“It’s still an open plea at this time,” he said. “I have no comment at this time.”

Jacobson-Thompson’s husband, DeNeille Thompson, 61, had the charges against him dropped, Taylor said. Thompson was charged with conspiracy, theft, forgery and falsifying books at Tokay Glass. Thompson had been included in the charges because photographs taken at a Wells Fargo bank appeared to show him cashing forged checks.

However, charges against Thompson were dropped because his wife said she told him they were her paychecks that he was cashing, Taylor said. The checks Thompson cashed came on the 1st and 15th of the month, days that are commonly paydays, Taylor said.

“Cheryl insisted he knew nothing,” Taylor said. “The law requires there to be an intent to steal.”

While the charges were dropped, they can be re-filed against Thompson if new evidence is uncovered, Taylor said. He also remains in custody on an unrelated charge for a misdemeanor in Los Angeles, Taylor said.

As part of her plea, Jacobson-Thompson will testify under oath about how she spent the money over the years. Her testimony will be key in the civil suit between Tokay Glass Company and Georgia Martin Accounting, the company Jacobson-Thompson worked for.

While she did the books for Tokay Glass Company, Jacobson-Thompson was not an employee of the company. She was employed by Georgia Martin Accounting and worked on a contract basis for Tokay Glass. The glass company is suing the bookkeeping agency, Taylor said.

While the district attorney’s office works to recoup embezzled money in cases like these, Taylor said Tokay Glass may never see the hundreds of thousands of dollars Jacobson-Thompson took again.

“That money is spent and gone,” he said.

Contact reporter Jordan Guinn at jordang@lodinews.com.


 

Continue reading "Stockton Attorney Lance Jacot Gets Embezzlement Case Dismissed" »

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May 11, 2011
  The Jacot Law Firm Represents Women Charged With Murder
Posted By Jacot Law Firm

April drive-by suspect returns to U.S., is arrested

STOCKTON - A 21-year-old woman wanted in connection with a drive-by killing in April was arrested Wednesday upon her return to the United States.

The San Joaquin County Sheriff's Office said Georgina Nunez fled to Mexico after the fatal shooting April 5 in Boggs Tract of Eduardo Cornejo. Acting on information they'd received that she would return, detectives were waiting for her at San Jose International Airport. Nunez was arrested and booked on suspicion of murder and two counts of attempted murder.

The investigation of Cornejo's killing took a strange turn in December, when deputies serving a search warrant at a home in the 5100 block of East Main Street discovered a 25-year-old man who had been kidnapped and tortured.

One woman and four men have been charged with that crime.

Stockton criminal defense lawyer Lance Jacot of The Jacot Law Firm has represented many persons acussed of serious crimes and has handled many high profile homicide cases.  If you are in need of a dedicated and experienced criminal defense attorney in Stockton, Modesto, Sacramento, or any where in the greater Central Valley contact Stockton homicde attorney Lance Jacot toll free at 866-572-2084.

Continue reading "The Jacot Law Firm Represents Women Charged With Murder" »

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May 11, 2011
  Stockton Criminal Defense Attorney Lance Jacot
Posted By Jacot Law Firm

Camel caller

This morning a caller rang asking a good question about today’s story on Percy Camel. The caller said that he and his mother were talking. He asked:  Now that the Public Defender’s Office isn’t representing Camel and the court appointed private Stockton attorney Lance Jacot, who is paying?

The answer is that tax payers will continue to pick up his legal representation.

There’s another point worth mentioning. While Camel for some reason rejected two highly qualified attorneys, Jacot is no slouch. The story may have implied that he gave up good attorneys for a bad one. That’s not the case at all. Jacot about one year ago left the Public Defender’s Office, where he was among the rising stars. He launched his private practice.

 

If you need a criminal defense attorney who will fight for you, and has been described as a rising star in the Stockton criminal defense community, then contact Lance Jacot of The Jacot Law Firm for a free consultation. 

www.Jacotlawfirm.com LJacot@Jacotlawfirm.com

Continue reading "Stockton Criminal Defense Attorney Lance Jacot" »

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May 11, 2011
  Capital Homicide Case
Posted By Jacot Law Firm

STOCKTON - A 20-year-old Stockton man charged with two murders dismissed his attorneys Monday, including one highly regarded for handling high-profile capital murder cases.

Percy Lamonte Camel faces a potential death sentence on charges he shot two men in separate incidents within three months. Camel and his attorneys met in private with the judge to discuss their difficulties.

After the closed hearing, San Joaquin County Superior Court Judge George Abdallah said he ruled in favor of Camel, relieving the two attorneys of the case. The judge did not say why Camel wanted new counsel or why he granted Camel's request.

Camel had been represented by San Joaquin County Chief Deputy Public Defender Miriam Lyell, who recently brought on San Francisco attorney Michael Burt to help her.

Burt has led or assisted in the defenses of Lyle Menendez, Charles Ng, Richard Ramirez and Cary Stayner. Recently, he assisted in the defense of Melissa Huckaby of Tracy.

For her part, Lyell last year defended an emergency room doctor of charges that he stole a dead patient's Rolex watch. A jury exonerated him.

Camel is charged with the Dec. 1, 2009, slaying of Roberto Hernandez, 21, at Amsterdam Place and Skyline Drive. He also is charged with the Feb. 7, 2010, killing of Francisco Bernardino, 24, at Mariposa and Farmington roads.

Upon dismissing the two attorneys, Abdallah assigned private Stockton attorney Lance Jacot to represent Camel. Walking into court, Jacot held a hushed meeting with Camel, who indicated he accepted Jacot.

Camel returns to court April 20.

Contact reporter Scott Smith at (209) 546-8296 or ssmith@recordnet.com. Visit his blog at recordnet.com/smithblog.

Stockton criminal defense attorney Lance Jacot has represented defendants accused of serious crimes for over a decade.  He is qualified to handle the most serious type of cases, including capital homicide cases.  If you need the services of a highly qualified and dedicated criminal defense attorney in Stockton, CA then contact attorney Lance Jacot at the Jacot Law Firm for a free consultation.

Stockton attorney Lance Jacot can be reached 24 hours a day at (209) 463-1800 or through his website at www.Jacotlawfirm.com or email at LJacot@Jacotlawfirm.com.

Continue reading "Capital Homicide Case" »

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May 31, 2010
  Kidnapping in Newport Beach
Posted By Jacot Law Firm

Mother held after missing girl found

By KIMBERLY EDDS AND IAN HAMILTON
THE ORANGE COUNTY REGISTER

NEWPORT BEACH  – A missing 4-year-old girl was found safe in Los Angeles  on Saturday by Los Angeles police. Her mother was in custody, according to Newport Beach police Sgt. Evan Sailor.

Angela Aiton, 34, is believed to have kidnapped her daughter Symphony Aiton from a Fashion Island restaurant during a supervised visit Friday, police said.

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Angela Aiton lost custody of her daughter during a battle with mental health issues is believed to have kidnapped her 4-year-old daughter Symphony Aiton from a Fashion Island restaurant during a supervised visit, police said.
NEWPORT BEACH POLICE DEPARTMENT
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An Amber Alert was issued.

A witness called police Saturday after seeing a vehicle matching the description of one possibly driven by the mother, Sailor said.

Los Angeles police took Symphony into protective custody about 2:45 p.m. Saturday. Aiton will return to Orange County to face criminal charges, according to Newport Beach police.

Aiton lost custody of her daughter in March as a result of a court-ordered mental health evaluation, Fox said. Symphony was placed in foster care, and her foster father brought her to the restaurant for a supervised visit Friday. Her mother asked to take her to the bathroom and never returned to the table.

Her foster father called police Friday night, Newport Beach police said.

Contact the writer: 714-796-7829 orkedds@ocregister.com

Continue reading "Kidnapping in Newport Beach" »

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May 31, 2010
  Prostitution Sting in Stockton
Posted By Jacot Law Firm

Undercover prostitution sting nets 21

Sex trade generates other crimes, police say
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David Combs talks Wednesday to an undercover police officer posing as a prostitute near Fremont Street and Sierra Nevada Way, above, before he was pulled over and cited by Stockton police.CALIXTRO ROMIAS/The Record
Christian Burkin

STOCKTON - Wilson Way is busy at midday. Men park in the shade and in parking lots and along the street. They eat lunch with their pickup's windows rolled down, and sometimes call out to the women walking by.

Do you date?

On Wednesday, that question had a good chance of drawing police, instead of leading to a sex-for-money transaction at a motel, or in the front seat of a car. The Stockton Police Department had undercover officers posing as prostitutes waiting for those overtures and walking high-traffic spots on Wilson Way and Sierra Nevada Street.

The mission, run by the Police Department's vice unit, started at noon. Within minutes, and after a short conversation with an undercover officer in the shade of a tree at the corner of Fremont and Sierra Nevada streets, 59-year-old David Combs was stopped by police and cited for allegedly soliciting an act of prostitution.

Before the police were finished with Combs, there were reporters at his car. "I was just trying to eat my lunch," he said.

That the Police Department, after deep budget cuts, still has time and resources for missions like Wednesday's was good news to Agnes Howe, a Neighborhood Watch captain who lives on Sierra Nevada Street.

"I like it when they do the johns, because you've got to hit them in the pocketbook," Howe said. "And the divorce lawyers probably like it."

Police Vice Sgt. Jim Chraska said prostitution, both the crime and the economy around it, generates other crimes. Prostitutes are beaten, intimidated and robbed, and often targeted by rapists and murderers. The people who pay prostitutes for sex are sometimes lured to motel rooms and alleys, where they are robbed, beaten or worse.

"These johns could have been the victims of robberies," Chraska said.

And the spread of sexually transmitted diseases makes victims of people who had otherwise nothing to do with prostitution.

The neighborhoods, like those around Wilson Way, are also affected in other ways. Howe has lived on Sierra Nevada Street for 23 years. Prostitution draws other problems to the neighborhood. It's not uncommon, she said, to see men scoping the neighborhood for burglary targets.

"Some of them are guys walking by holding up their pants because they refuse to wear a belt," she said.

Once, a man walked into Howe's home and demanded she turn on the TV. He didn't leave until police came to take him.

"We need all the help we can get," Howe said. "We can't be overrun because of cuts and layoffs; you can't let the little guy down."

By the mission's end, around 7 p.m., the Police Department had cited 21 people for soliciting prostitution from undercover officers.

Contact reporter Christian Burkin at (209) 546-8279 or cburkin@recordnet.com. Visit his blog at recordnet.com/burkinblog.

Stockton criminal defense attorney Lance Jacot has experience in defending men accused of soliciting prostitutes, and women who are accused of being prostitutes.  If you are in need of a criminal defense attorney in San Joaquin County contact The Jacot Law Firm.  Local number (209) 463-1800, toll free number 888-823-4883.

Continue reading "Prostitution Sting in Stockton" »

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May 31, 2010
  Violent Weekend In Stockton
Posted By Jacot Law Firm

Five shot in Stockton over 24-hour period

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Roger Phillips

STOCKTON - Jorge Sanchez said he was driving early Sunday evening when he saw a woman outside a liquor store on Wilson Way where she had been working.

Sanchez said he pulled over, and the woman told him, "I've been shot. I've been shot."

Her face was bleeding, Sanchez said, and she had a bump on her forehead.

A few minutes later, the woman was rushed by ambulance to St. Joseph's Medical Center with what Stockton police spokesman Officer Pete Smith said appeared to be a non-life-threatening injury.

The woman - whose name was not available from police - was the fifth person shot in Stockton over the weekend, the 11th in the past two weekends.

Outside The Liquor Barrel at 1702 N. Wilson Way, a woman who declined to give her name said she and her husband have owned the store for 12 years and have been robbed "too many times." Six years ago, a 26-year-old man suffered fatal injuries inside The Liquor Barrel. Police said at the time the man had been injured in a fight with the store's owner during an attempted robbery.

In the early stages of their investigation into Sunday's shooting, police watched surveillance video in the store as they tried to get an early read on what had happened. It appeared as if they were looking for one male suspect, and also that the victim may have been shot by a pellet gun.

In the 24 hours before the shooting, three men and one woman suffered gunshot wounds in other incidents in Stockton, with none of the wounds considered to be life-threatening.

The first shooting took place in the 600 block of Bedlow Drive in north Stockton late Saturday afternoon. A 20-year-old man was shot once in his right knee and was treated at St. Joseph's Medical Center. Police said the victim was uncooperative, and there was no suspect information.

About 2 a.m. Sunday, a 32-year-old woman said she was a passenger in a friend's car at Ponce De Leon Avenue and Acapulco Way in north Stockton when she heard six gunshots. One of the bullets struck her hand and she was treated at Dameron Hospital. There was no suspect information.

Less than three hours later during an attempted robbery, a 22-year-old man was shot twice, possibly with a pellet gun, at Rosemarie and Precissi lanes. He was treated at St. Joseph's Medical Center.

According to police, the man was walking with his brother and sister when they were approached by three armed men. The victim was shot when he refused the suspects' demand that he turn over his property. One suspect was described as an unshaven 6-foot, heavyset black or Latino man in his early 20s wearing a black hooded sweat shirt. Descriptions of the other suspects were less complete.

The fourth shooting took place at 3 p.m. Sunday. A 21-year-old man was with friends at Madison and Acacia streets, and one of the man's friends was playing with a gun, police said, when it went off. The victim was struck in the left knee and was treated at Dameron Hospital.

Police were looking for a 19-year-old black man nicknamed "Lil D." He was described as 5-foot-4, 110 pounds and bald, last seen wearing a white T-shirt, blue jeans and black sneakers.

Contact reporter Roger Phillips at (209) 546-8299 or rphillips@recordnet.com. Visit his blog at recordnet.com/phillipsblog.

If you are in need of an experienced criminal defense attorney who specializes in violent crimes, then you need to contact attorney Lance Jacot at The Jacot Law Firm for a free consultation.  The Jacot Law Firm can be reached 24 hours a day seven days a week at 888-823-4883.

Continue reading "Violent Weekend In Stockton" »

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May 30, 2010
  Vandalism
Posted By Jacot Law Firm

Vandalism, also known as malicious mischief, is a serious crime in California involving the intentional destruction of the property of another. It is often committed out of anger, boredom, revenge, defiance, or during peer pressured dares or pranks. Though vandalism is a property crime generally considered less serious than a crime against a person, the consequences can be severe in California regardless of arguably mitigating circumstances such as youth, artistic expression, or political demonstration. 

"Every person who maliciously commits any of the following acts with respect to any real or personal property not his or her own, in cases other than those specified by state law, is guilty of vandalism: (1) Defaces with graffiti or other inscribed material. (2) Damages. (3) Destroys."

Examples of acts of vandalism under PC § 594(a) include breaking objects, ransacking property, slashing tires, keying paint, removing car emblems, doing graffiti, and salting lawns.

Additionally, the California penal code has special provisions under sections 594 and 640 covering certain acts of vandalism relating to 1) use of noxious or caustic chemicals, etc.); 2) possession of vandalism tools (aerosol paint, drill bit, glass cutter, chisel, etc); and 3) distinct locations (religious sites, government facilities, highways, etc.).

Vandalism can be prosecuted as a misdemeanor or felony, and potentially carry steep fines (from $1,000 to $50,000), jail or prison time, probation, restitution, and community service.  The punishments vary greatly depending on the amount of damage, gang enhancements, hate implications and prior convictions. A vandalism conviction leaves you with a permanent criminal record. 

If you have been charged with vandalism, you need to contact a law firm that has experience in dealing with these specialized types of cases.  The Jacot Law Firm has the expertise and dedication to fight and win your case.  Contact attorney Lance Jacot right away for a free consultation.  Call toll free 24 hours a day 888-823-4883.

Continue reading "Vandalism" »

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May 28, 2010
  Orange County Murder
Posted By Jacot Law Firm

College student named as suspect in slaying of woman in Costa Mesa

May 27, 2010 | 8:23 am

An Orange Coast College student is the primary suspect in the killing of a 23-year-old woman found shot in the head at his Costa Mesa apartment, police said.

Costa Mesa police said the woman was a friend of the suspect, Samuel Herr, and was visiting him at his apartment when he allegedly shot her in the head. Police are not identifying the woman because she also may be the victim of domestic violence or sexual assault.

Herr lives across the street from the campus in a fourth-floor, one-bedroom apartment in the Camden Martinique complex.

Officers were called to his apartment Saturday night about a possible dead body, and found the woman's body in Herr's bedroom. He was not at home when officers arrived, and police told the Daily Pilot they haven't been able to contact him.

 

Police said Herr, 26, drives a white, four-door 2002 Pontiac Grand Am with California license plate number 4VJE803.

Anyone with information about the incident or Herr's whereabouts is asked to call Sgt. Ed Everett at (714) 754-5395, or Det. Jose Morales at (714) 754-5637 or (714) 754-5280.

If you or a loved one is accused of a domestic violence homicide, contact Newport Beach criminal attorney Lance Jacot at The Jacot Law Firm for a free initial case evaluation.

Phone: (949) 748-6992
Fax:     (949) 748-6994
Toll Free: 888-823-4883

www.jacotlawfirm.com

Continue reading "Orange County Murder" »

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May 28, 2010
  Stockton Man Dies Of Injuries
Posted By Jacot Law Firm

Victim of January assault dies

Police wait for coroner's report before homicide ruling
Christian Burkin

STOCKTON - A man found beaten unconscious in January in the backyard of a south Stockton home died Tuesday.

Officer Pete Smith, a spokesman for the Stockton Police Department, said the death of 43-year-old Joseph Sandoval had not yet been ruled a homicide. Investigators were still waiting for the Coroner's Office to link the exact cause of death to the beating.

"We have to have a definitive nexus between his death and his injuries," Smith said.

Sandoval was found around 11:30 a.m. Jan. 24, lying on the ground in the backyard of a home in the 1400 block of South American Street. He was taken to San Joaquin General Hospital, where doctors found he was bleeding internally. Investigators found what they thought was a crime scene in a standalone building in the backyard.

The white clapboard home was condemned as a public hazard by the city on Jan. 25, according to documents still posted near its front door Thursday morning. The home stands out among its neighbors, which are generally well-kept. Araceli Gonzalez, who lives nearby, said it was once one of the nicest on the block.

"And now it's basically a crack house," she said. "Everyone on Charter Way knows that house is empty."

The home's windows and doors were boarded over with plywood, except for one window in the back, which appeared to have been pried open. Beneath that window, a man was taking a nap. He awoke and prepared to move on, insisting he had only stopped for a moment. He said he knew Sandoval, but not well.

"I just knew him from the streets," he said. He declined to give his own name.

Contact reporter Christian Burkin at (209) 546-8279 or cburkin@recordnet.com. Visit his blog at recordnet.com/burkinblog.

Contact The Jacot Law Firm at 888-823-4883.

Continue reading "Stockton Man Dies Of Injuries" »

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May 28, 2010
  Drug Programs
Posted By Jacot Law Firm

DEJ

For violations of certain specified drug crimes, a defendant may be eligible to participate in a deferred entry of judgment program.  Deferred entry of judgment (DEJ) is the suspension of criminal proceedings for a proscribed period of time with certain conditions and a defendant's guilty plea.  If a defendant is found to be eligible for DEJ, he or she must plead guilty to the crime charged and waive time for the entry of judgment.  Entry of judgment on the defendant's plea is then deferred pending successful completion of a drug program.  Should the defendant successfully complete the program, criminal proceedings against the defendant are dismissed, and the defendant may legally answer that he or she has never been arrested for, nor charged with, the offense.  Should the defendant not successfully complete the program, however, the court will enter judgment and schedule a sentencing hearing.

Proposition 36

Proposition 36 was passed by the electorate on November 7, 2000, and became effective July 1, 2001.  It mandates program and drug treatment for defendants convicted of a "nonviolent drug possession offense."  It prohibits incarceration as an initial term of probation, but does permit incarceration for a subsequent violation of probation.  The proposition also establishes procedures for violations of probation or parole that involve nonviolent drug offenses.  If the defendant successfully completes the drug treatment program, the defendant may petition the sentencing court to dismiss all charges against him or her.  If the court finds that the defendant has successfully completed the program and has substantially complied with the conditions of probation, the courtmust set aside and dismiss the indictment or information against the defendant.  The arrest will be deemed never to have occurred.  Notwithstanding the dismissal, the defendant remains subject to restriction on possession of concealable firearm, and must disclose the arrest and conviction in response to any law enforcement inquiry.  The defendant must also disclose the arrest and conviction in any application for public office, peace officer employment, licensing by any state or local agency, contracting with the state lottery, or purposes of serving on a jury.

Continue reading "Drug Programs" »

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May 28, 2010
  Sex Registration- Penal Code Section 290
Posted By Jacot Law Firm

Penal Code section 290 Registration:

Defendants who are convicted of certain sex crimes, or the attempt to commit them,for the rest of his or her life while residing in California, shall be required to register with the chief of police of the city in which he or she is residing, or the sheriff of the county if he or she is residing in an unincorporated area or city that has no police department, and, additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is residing upon the campus or in any of its facilities, within five working days of coming into, or changing his or her residence within, any city, county, or city and county, or campus in which he or she temporarily resides, and shall be required to register thereafter in accordance with the Act.

The following persons shall be required to register:

 Any person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289, Section 207 or 209 committed with intent to violate Section 261, 286, 288, 288a, or 289, Section 220, except assault to commit mayhem, Section 243.4, paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261, paragraph (1) of subdivision (a) of Section 262 involving the use of force or violence for which the person is sentenced to the state prison, Section 264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b) of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.3, 288.4, 288.5, 288.7, 289, or 311.1, subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of Section 314, any offense involving lewd or lascivious conduct under Section 272, or any felony violation of Section 288.2; any statutory predecessor that includes all elements of one of the above-mentioned offenses; or any person who since that date has been or is hereafter convicted of the attempt or conspiracy to commit any of the above-mentioned offenses.

Special Sentencing Rules for Certain Sex Crimes:    

          An entirely separate sentencing scheme applies if certain enumerated sex offenses are perpetrated on a single victim on a single occasion.  When a defendant is convicted of one or more enumerated sex crimes, the trial court has discretion to ignore the usual rule of Penal Code section 1170.1(a) limiting consecutive terms to one-third the midterm.  Instead, the court may sentence some or all of the enumerated sex crimes under Penal Code section 667.6(e), which allows full-term consecutive sentences.  Therefore, the trial court has two decisions:

        ● Whether the terms should be concurrent or consecutive; and

● Whether any consecutive terms for the enumerated sex crimes should be imposed under 1170.1(a) (one-third the midterm) or under 667.6(e) (full consecutive terms).

If a defendant is convicted of enumerated sex offenses committed against different victims, or against the same victim on different occasions, Penal Code 667.6(d) requires full consecutive sentences.  This means the Penal Code section 1170.1(a) one-third the midterm formula does not apply.  The court has the usual discretion to choose between, and state reasons for, the lower, middle, or upper base term.  However, no statement of reasons is necessary for the mandatory consecutive terms. Under these circumstances, leniency may only be expressed by imposing consecutive full lower terms.

  Penal Code section 667.6, states:

  (a) Any person who is convicted of an offense specified in subdivision (e) and who has been convicted previously of any of those offenses shall receive a five-year enhancement for each of those prior convictions.

(b) Any person who is convicted of an offense specified in subdivision (e) and who has served two or more prior prison terms as defined in Section 667.5 for any of those offenses shall receive a 10-year enhancement for each of those prior terms.

(c) In lieu of the term provided in Section 1170.1, a full, separate, and consecutive term may be imposed for each violation of an offense specified in subdivision (e) if the crimes involve the same victim on the same occasion. A term may be imposed consecutively pursuant to this subdivision if a person is convicted of at least one offense specified in subdivision (e). If the term is imposed consecutively pursuant to this subdivision, it shall be served consecutively to any other term of imprisonment, and shall commence from the time the person otherwise would have been released from imprisonment. The term shall not be included in any determination pursuant to Section 1170.1. Any other term imposed subsequent to that term shall not be merged therein but shall commence at the time the person otherwise would have been released from prison.

(d) A full, separate, and consecutive term shall be served imposed for each violation of an offense specified in subdivision (e) if the crimes involve separate victims or involve the same victim on separate occasions.

 In determining whether crimes against a single victim were committed on separate occasions under this subdivision, the court shall consider whether, between the commission of one sex crime and another, the defendant had a reasonable opportunity to reflect upon his or her actions and nevertheless resumed sexually assaultive behavior. Neither the duration of time between crimes, nor whether or not the defendant lost or abandoned his or her opportunity to attack, shall be, in and of itself, determinative on the issue of whether the crimes in question occurred on separate occasions.

 The term shall be served consecutively to any other term of imprisonment and shall commence from the time the person otherwise would have been released from imprisonment. The term shall not be included in any determination pursuant to Section 1170.1. Any other term imposed subsequent to that term shall not be merged therein but shall commence at the time the person otherwise would have been released from prison.

(e) This section shall apply to the following offenses:

 (1) Rape, in violation of paragraph (2), (3), (6), or (7) of subdivision (a) of Section 261.

 (2) Spousal rape, in violation of paragraph (1), (4), or (5) of subdivision (a) of Section 262.

 (3) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1.

 (4) Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d) or (k), of Section 286.

 (5) Lewd or lascivious act, in violation of subdivision (b) of Section 288.

 (6) Continuous sexual abuse of a child, in violation of Section 288.5.

 (7) Oral copulation, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d) or (k), of Section 288a.

 (8)  Sexual penetration, in violation of subdivision (a) or (g) of Section 289.

 (9) As a present offense under subdivision (c) or (d), assault with intent to commit a specified sexual offense, in violation of Section 220.

 (10) As a prior conviction under subdivision (a) or (b), an offense committed in another jurisdiction that includes all of the elements of an offense specified in this subdivision.

(f) In addition to any enhancement imposed pursuant to subdivision (a) or (b), the court may also impose a fine not to exceed twenty thousand dollars ($20,000) for anyone sentenced under those provisions. The fine imposed and collected pursuant to this subdivision shall be deposited in the Victim-Witness Assistance Fund to be available for appropriation to fund child sexual exploitation and child sexual abuse victim counseling centers and prevention programs established pursuant to Section 13837. If the court orders a fine to be imposed pursuant to this subdivision, the actual administrative cost of collecting that fine, not to exceed 2 percent of the total amount paid, may be paid into the general fund of the county treasury for the use and benefit of the county.

If you or a loved one has been accused of a sexual offense you need to contact Attorney Lance Jacot at The Jacot Law Firm for a free consultation.

Continue reading "Sex Registration- Penal Code Section 290" »

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May 22, 2010
  Violent Crimes
Posted By Jacot Law Firm

Violent Crimes

Assault and Battery

Assault with a Firearm

Assault with Force Likely to Cause Great Bodily Injury

Assault on a Police Office

Car Jacking

Child Abuse

Criminal Threats

Domestic Violence

Drive by shootings

Elder Abuse

False Imprisonment

Home Invasion Robbery

Homicide/Murder

Kidnapping

Mayhem

Shooting into an occupied structure or vehicle

Stalking

Residential Burglary with Person Present

Robbery

Torture

Continue reading "Violent Crimes" »

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May 22, 2010
  Firm Overview
Posted By Jacot Law Firm

Firm Overview

Attorney Lance Jacot was born in Newport Beach and grew up in Huntington Beach, California .  After receiving his bachelor’s degree from UC Irvine in 1996, Mr. Jacot began law school at the University of California’s Hastings College of the Law in San Francisco . During law school Mr. Jacot interned at the San Francisco Public Defender’s Office and the Office of the State Public Defender.

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May 22, 2010
  The Jacot Law Firm
Posted By Jacot Law Firm

The Jacot Law Firm represents persons accused of criminal offenses in California .  For over a decade, attorney Lance Jacot has fought hard and successfully for the rights of thousands of criminal defendants.  He has earned a reputation as an honest, fully qualified, hardworking trial attorney who is totally dedicated to achieving the best possible outcome for his clients.  Among his clients and his fellow attorneys, he is known to have the judgment, expertise and confidence to aggressively provide the highest quality of legal defense in or out of court.

 Mr. Jacot has handled thousands of cases, from traffic violations to capital homicide cases, including numerous misdemeanor and felony trials. His success in the courtroom has earned him the reputation as an exceptionally capable trial attorney who will not accept a bad deal for his clients. If you have been accused of a crime you need an attorney who will not hesitate to demand a trial and fight for your rights.

 Mr. Jacot is also known as an expert in criminal law and procedure.   If you have been arrested for or charged with a crime, you need an attorney who thoroughly knows his way around the criminal law and court system--who has the specialized knowledge to fight and win your case through all means, arguments and avenues available within the law.   Mr. Jacot has the experience, knowledge, and reputation required to prevail in criminal cases, even where the cards are stacked against the accused.

 Hands-on Representation & Direct Attorney Access.

 The Jacot Law Firm prides itself on supporting our clients with hard work, hands-on service, and open communication.  We are committed to going the extra distance to defend your rights and ensure your peace of mind. We are here to help you and your family throughout a difficult and stressful process with the best possible result.

 You need an attorney who is available to speak to you directly, at any time, in any emergency, 24/7/365 so you can receive the legal representation that you need and deserve. When you call The Jacot Law Firm, you will receive an immediate response.  If you are incarcerated, Attorney Lance Jacot will counsel you at the jail or prison so that you are not left alone in custody.  You will know what the ultimate fees for our services will be before you start.  We are here to protect your rights and support you in every way through the entire criminal process.

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May 22, 2010
  Bank Robbery In Stockton
Posted By Jacot Law Firm

Arrest made in two bank robberies

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STOCKTON - A 31-year-old Stockton man was arrested Friday morning in connection with two bank robberies this month.

The Stockton Police Department reported that detectives turned up information connecting Demarko Payne to robberies of Stockton banks May 3 and 14, and the attempted robbery of a bank customer last Saturday.

Payne was arrested at his home in the 8100 block of Palisades Drive and booked into the County Jail on suspicion of two counts of robbery and one count of attempted robbery. He was being held in lieu of $150,000 bail.

He is scheduled to appear in court at 1:30 p.m. Monday.

Stockton criminal attorney Lance Jacot has over a decade defending clients charged with serious and violent crimes like Robbery.  If you or a loved one has been charged with Robbery or any crime, call 24 hours a day toll free 888-823-4884.

The Jacot Law Firm is located in the historic California Building Across from the San Joaquin County Court House in Stockton, CA.

11 South San Joaquin Street, Suite 703
Stockton, CA 95202
Tel. (209) 463-1800
Fax (209) 463-1811

www.jacotlawfirm.com
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May 20, 2010
  Stockton Shooting
Posted By Jacot Law Firm

Shooting victim stable after surgery

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STOCKTON — A 55-year-old man found with gunshot wounds in south Stockton on Tuesday night was in stable condition at a hospital, police reported.

According to the Police Department, officers were called to the 2400 block of South California Street about 7 p.m. Tuesday on a report that gunshots had been heard. When they arrived, they found a victim suffering from gunshot wounds. He was taken to San Joaquin General Hospital, where he underwent surgery.

Police said the suspected gunman is a Latino man in his 40s, about 5 feet 4 inches tall and 180 pounds, with gray hair and possibly brown eyes. He had a mustache and was wearing a dirty blue button-up shirt, blue jeans and a green hat.

Anyone with information is asked to call the Stockton Police Department at (209) 937-8323.

If you are in need of an experienced trial attorney who has been defending people accused of violent crimes for over a decade, then contact Attorney Lance Jacot at The Jacot Law Firm.

Continue reading "Stockton Shooting" »

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May 19, 2010
  Attempted Robbery & Shooting In Stockton, CA
Posted By Jacot Law Firm

Attempted robbery leads to shootout in Stockton

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STOCKTON - An attempted robbery this morning at a March Lane restaurant led to a shootout, police said.

At about 5 a.m., three would-be robbers entered the restaurant in the 2600 block of West March Lane. One of the robbers pointed a handgun at a waitress and a customer at the counter while a second said he was going to the safe and ran to the back of the business.

Police said when the customer tried to leave, he was at first grabbed by two of the robbers and pistol-whipped. The customer then broke free and pulled a handgun from his waistband.

One of the robbers fired a shot at the customer. The customer returned fire, police said, and all three would-be robbers ran from the restaurant.

The customer gave chase outside and fired another shot at the fleeing robbers.

When police arrived, the customer also had left the restaurant. A small amount of blood was found near the front door, but police are not sure if someone was shot.

Police are investigating.

If you or a loved one has been accused of a shooting or robbery contact The Jacot Law Firm for a free initial consultation about your case.  Attorney Lance Jacot has a decade of experience in defending people accused of serious and violent crimes.  Call (209) 463-1800 to set up an appointment.  

Continue reading "Attempted Robbery & Shooting In Stockton, CA" »

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May 19, 2010
  Stockton Shooting
Posted By Jacot Law Firm

Shooting victim found in south Stockton

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STOCKTON - Police are investigating the shooting of a 55-year-old man found Tuesday evening at a south Stockton business.

The victim was in stable condition at San Joaquin General Hospital.

Police said at about 7 p.m. they were received a report of gunshots in the 2400 block of South California Street. They arrived to find the victim shot at a business in the area.

If you have been charged with a violent offense contact Stockton trial attorney Lance Jacot for a free case consultation.  You can reach The Jacot Law Firm 24 hours a day.  Call (209) 463-1800 to speak to Lance Jacot about defending you.  The Jacot Law Firm can also be reached toll free at 888-823-4883.

Continue reading "Stockton Shooting" »

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May 18, 2010
  Celebrity Chef Arrested
Posted By Jacot Law Firm

Former TV chef pleads not guilty to trying to have wife killed

Police are investigating reports that the couple had fertility problems and that Juan-Carlos Cruz, of Food Network's 'Calorie Commando,' planned to kill himself after his wife was slain, sources say.

Celebrity chef

Juan-Carlos Cruz, a former Food Network TV personality, awaits his arraignment hearing with attorney Shawn Chapman-Holley. He pleaded not guilty Monday to charges that he asked two homeless men in Santa Monica to kill his wife.  (Al Seib, Los Angeles Times / May  16 , 2010 )

 

Authorities investigating a former TV chef who allegedly tried to have his wife killed are looking into reports that the couple had fertility problems and that the man planned to take his own life after his wife was slain, sources close to the investigation said.

Juan-Carlos Cruz, the cookbook author and onetime Food Network personality, was charged Monday with attempted murder and solicitation to commit murder. Prosecutors say he solicited homeless men in Santa Monica to kill his wife.

Prosecutors did not reveal a possible motive for the alleged murder-for-hire scheme. But the sources, who spoke to The Times on the condition of anonymity because the investigation is ongoing, said that the couple had been struggling with fertility issues for some time and that investigators have heard reports that Cruz wanted to kill his wife, Los Angeles attorney Jennifer Campbell, before taking his own life.

Though the scenario remains under investigation, some law enforcement officials are skeptical that Cruz, a 48-year-old Westwood resident, actually planned to kill himself.

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Unshaven and dressed in a red T-shirt and jeans, Cruz made his first court appearance before Los Angeles County Superior Court Judge Keith Schwartz on Monday and pleaded not guilty. If convicted on all counts, he could face a life term in state prison.

"This is not as sinister as it appears under any definition of the word sinister," said Shawn Chapman Holley, Cruz's attorney

Cruz was arrested by undercover Santa Monica police detectives at a Cheviot Hills dog park Thursday after a weeklong investigation.

Detectives allege that Cruz approached at least two homeless men and asked if they would kill his wife in exchange for money.

Authorities say Cruz offered to provide a weapon and a cellphone to at least one of the men. Sources say he later contacted the other homeless man and said he wanted him to strangle his wife.

Authorities said they first learned of the plot May 7 when one of the homeless men, who was detained by Santa Monica police for loitering, told them about Cruz's proposition, sources said.

Attorney Steve Meister, who is not affiliated with the case, said the defense could try to show that Cruz wanted to carry out the plan as "an act of compassion to rid his wife of emotional suffering."

In that circumstance, "a jury could sympathize with him and refuse to convict, or a trial judge could be convinced to grant Cruz probation if there was a guilty verdict," Meister said. "Therefore, prosecutors might be favorably inclined to strike a deal."

Cruz was described by neighbors and co-workers as a devout churchgoer, community volunteer and doting husband. Cruz was a dog owner who volunteered at Love on 4 Paws, a therapy program that provides animals to sick children.

A former sous-chef, he created "Cruising in the Kitchen," a TV show that aired on a local public-access station. That led to a featured appearance on the premiere season of Discovery Health network's "Body Challenge," on which he shed 43 pounds. He lost 17 more pounds after the show ended, according to his biography.

He was best known for the Food Network show "Calorie Commando," in which guests challenged him to prepare their favorite meals with fewer calories while retaining the taste. Cruz produced 39 episodes before the show was canceled in 2006.

andrew.blankstein@latimes.com

richard.winton@latimes.com

sam.quinones@latimes.com
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May 18, 2010
  Drug Lab Bust
Posted By Jacot Law Firm

Lawyers brace for effects of lab bust

Though it's still unclear how big ripple effect of Ripon protocol breach will be
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Scott Smith

STOCKTON - Revelations a week ago that methamphetamine samples at a state crime lab in Ripon may have been altered continue to reverberate in the San Joaquin County legal community.

Many local defense attorneys believe the state drug bust on the lab casts serious doubt on its credibility in handling evidence. Some attorneys are considering strategies to attack past drug convictions. Yet another said he doubts that the acts of one bad analyst will have far-reaching ramifications.

"It's the exception, not the rule," said private Stockton attorney Michael Platt. "It's more important to some attorneys than others."

The California Department of Justice announced last week that a protocol breach in the handling of meth samples had occurred at the Central Valley Bureau of Forensic Service laboratory in Ripon. Certain evidence handled by a particular analyst weighed less than originally reported.

The lab serves San Joaquin, Stanislaus, Tuolumne, Merced and Calaveras counties.

The unidentified criminalist was put on paid administrative leave pending the outcome of an investigation.

Platt said that the criminalist in question analyzed drugs allegedly seized from one of his clients who awaits trial. The controversy likely won't benefit his client, Platt said.

"The cases that it will impact are those where there is no dope left," said Platt, explaining that in older cases, drug evidence is destroyed after analysis.

Other attorneys said they are gearing up for motions to overturn past convictions.

Stockton attorney Gregory Davenport said that in light of the news, he's preparing a motion to withdraw a guilty plea that put one client in state prison a year ago. His client took a plea deal for two years in prison, Davenport said.

In that case, police in Stockton stopped his client and found suspected meth in his pocket. Davenport said the analyst in question was the one who confirmed it as meth, and now questions over that state employee's conduct raise suspicion about the entire criminal-justice system.

"When you have somebody in that type of position engaging in this type of conduct, it creates reasonable doubt," Davenport said.

The San Joaquin County District Attorney's Office declined to comment on the investigation nor say how many criminal cases it puts into question.

The Ripon lab's assistant director, Katy Ciula, referred questions to state justice officials, who did not respond to a request for comment Friday.

Suspects arrested with small quantities of meth might also benefit from the lab's controversy, said Patrick Piggott, a Stockton attorney and dean of the Humphreys College Laurence Drivon School of Law.

A missing quantity of some drug samples won't make a difference to the outcome of most cases. But it could in those where a suspect is charged with possession for sales. In these, the weight determines if a charge applies, Piggott said.

"That's the one time when weight is most important," he said.

Attorney Doug Goss said he believes the drug-testing process has been corrupted. He wonders now if the analyst was mixing up evidence and taking other substances collected as evidence.

"I'm in the process right now of having all my old cases pulled back," Goss said. "I'm trying to sort it out myself."

Contact reporter Scott Smith at (209) 546-8296 or ssmith@recordnet.com.

If you have been charged with a drug crime, contact Stockton drug attorney Lance Jacot at The Jacot Law Firm for a free consultation.  (209) 463-1800.  Attorney Lance Jacot has been representing people accused of drug related offenses for over a decade in the central valley.

Continue reading "Drug Lab Bust" »

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May 18, 2010
  Auto Theft Capital
Posted By Jacot Law Firm

Central Valley a hotbed of car thefts, report says

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California's Central Valley - from Sacramento to Bakersfield - remains a corridor plagued by auto thieves. The top five cities in the nation on the latest list of car-theft hot spots include No. 2 Modesto, No. 3. Bakersfield, No. 4 Stockton and No. 5 Fresno.

Laredo, Texas, is No. 1, according to 2009 statistics released Monday by the National Insurance Crime Bureau. Overall, vehicle thefts in the United States fell 18 percent last year, the sixth year in a row to show declines.

Stockton's auto-theft rate in 2009 was 6.64 per 1,000 population compared with 7.42 per 1,000 a year earlier.

Tips to avoid theft

The Stockton Police Department recommends the following to help you avoid becoming an auto-theft victim:

• Never leave your car running or with the keys in the ignition.

• Always close the windows and lock your vehicle.

• Park in busy, well-lighted areas.

• Do not leave valuables visible in your vehicle.

Also in the Top 10 were San Francisco at seventh and the Visalia-Porterville area at eighth. The Sacramento metropolitan area was 11th.

"California always nails this list," Frank Scafidi, a spokesman for the National Insurance Crime Bureau, said in written statement.

In 2008, according to the Stockton Police Department, 152 vehicles were stolen in the city because keys were left inside. The five most stolen makes that year were, in order, Honda, Chevrolet, Toyota, Ford and Nissan.


If you have been charged with an auto theft, or any crime, contact Stockton Attorney Lance Jacot at (209) 463-1800.  Lance Jacot has defended numerous clients charged with auto thefts.
Continue reading "Auto Theft Capital " »

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May 17, 2010
  Innocent Man Released From Prison
Posted By Jacot Law Firm

Man whose murder conviction was dismissed is freed from prison

 

The California Innocence Project argued that Reggie Cole's conviction in a 1994 slaying stemmed from fabricated evidence. On Sunday, he celebrated his release with relatives in Los Angeles.

The California Innocence Project argued that Reggie Cole's conviction in a 1994 slaying stemmed from fabricated evidence. On Sunday, he celebrated his release with relatives in Los Angeles.

Sixteen years after the gunshot slaying he insists he didn't commit, and 10 years after the fatal prison stabbing he says he was forced to commit, Reggie Cole stepped out of prison this weekend a free man.

Cole, 35, was released Saturday from Calipatria State Prison in Imperial County, into the arms of family and lawyers who fought for his release.
"Just a little over 24 hours ago I was sitting in a cell, and now I'm here hugging my family," a jubilant Cole said Sunday night from his sister's home in Los Angeles. "The traffic and the phones — it's a completely different world here. In solitary, you're just looking at a wall."

Cole was convicted of murder in the 1994 slaying of Felipe Gonzales Angeles, who died in a botched robbery attempt at an apartment in South Los Angeles. While serving time at Calipatria in 2000, Cole stabbed to death an inmate, Eddie Clark, in what he said was self-defense.

The California Innocence Project argued that his conviction in the 1994 slaying stemmed from fabricated evidence, and prosecutors threw out the case in July even as detectives insisted he was guilty. He remained in prison until this week, serving time on a manslaughter conviction for the prison stabbing.

After his release, his lawyers took him to the International House of Pancakes in El Centro. "Steak and eggs, with lots of A1 sauce," Cole said.

Cole said he wanted to get his high-school equivalency degree and take up the law. "I was helping them [lawyers] with my case and learned a lot, and I believe I can help somebody."

Justin Brooks, director of the California Innocence Project at California Western School of Law in San Diego, said Cole was doing "amazingly well."

"I've had 10 clients walk out of prison, and he's doing as well as I've ever seen," he said. "They all go through a period of time where they just can't believe they're out."

christopher.goffard@latimes.com
Newport Beach Attorney Lance Jacot has lots of homicide trial experience and is willing to take on the toughest cases.  If someone you love has been charged with murder, contact Lance Jacot at the Jacot Law Firm.
Continue reading "Innocent Man Released From Prison" »

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May 17, 2010
  Chance For Release Slim If You Receive Life Sentence
Posted By Jacot Law Firm

Experts agree Hayes would have tough time getting paroled

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Scott Smith

STOCKTON - Chances are slim that the life story of Blufford Hayes Jr. will read that the Stockton man spent decades on death row at San Quentin State Prison only to live his last years a free man.

Hayes, 54, now sits in the San Joaquin County Jail awaiting a retrial for the Jan. 1, 1980, murder of a Stockton motel manager. That conviction was tossed out in 2005. To avoid retrying him, prosecutors offered Hayes a plea deal that would leave his fate up to a parole board.

Now Hayes must decide if he will take the deal or reject it and go to trial. It's a roll of the dice, and criminal-justice experts who monitor the state's parole board say the odds are stacked against Hayes either way he turns.

"He might as well go to trial," said Dan Macallair, executive director of the Center for Juvenile and Criminal Justice. "It's not a bargain. It's no deal."

According to state figures, 7,032 prisoners became eligible for release on parole last year. Of them, the parole board recommended fewer than 8 percent be released. Convicted murderers among that figure are seldom, if ever, released, experts say.

Macallair said that to make its decision, the parole board asks itself if the inmate will be a danger to others once he is released. For answers, they look at the inmate's record of behavior in prison and the crime that got the inmate locked up in the first place.

In Hayes' case, he began life with an extensive juvenile record, court papers show.

By age 27 he was on death row for a violent murder. Hayes, a heroin addict at the time, bound his victim's hands and ankles with wire coat hangers and stabbed him 22 times, according to court papers. Hayes claimed it was self-defense.

While on San Quentin's death row, Hayes was a model inmate with one glaring exception, said Lt. Sam Robinson, a prison spokesman, who reviewed Hayes' file. Robinson said that in 1987 Hayes kneed a doctor in the head, drawing disciplinary action.

And at the San Joaquin County Jail, he pleaded guilty in 2007 to five felonies for attempting to escape by scratching his way through his cell wall. He also engaged in a scuffle with a jailer who was removing his handcuffs through the food slot in his cell door.

The parole board - should Hayes ever sit across from one - will take all of these into consideration, said attorney Margaret Littlefield, who for nearly 30 years has represented such prisoners in their bids for release.

"If he came before me, I would deny him parole," Littlefield said. "I'd probably have to wait many years to see how he's doing."

Convicted murderers seldom get released on parole, she said, even those who showed significant change and in her eyes deserve freedom. Most die of old age in prison. Prosecutors offered Hayes a sentence of 15 years to life if he pleaded guilty to second-degree murder

Gov. Arnold Schwarzenegger has granted more parole releases than Gov. Gray Davis before him, she said. Still, fewer than 1 percent of lifers who are eligible for parole ever get released, Littlefield said. She added that either the board or the governor routinely deny her clients, even those with clean records for 20 years.

Once the board sees Hayes' recent conviction for attempted escape, the discussion won't likely go much further, she said.

"His chances are terrible," she said. "I'd guess he'd be denied parole for quite a while until he shows some real reformation."

Contact reporter Scott Smith at (209) 546-8296 or ssmith@recordnet.com. Visit his blog at recordnet.com/blogs.

The above article illustrates the danger on pleading guilty to, or receiving a life sentence after trial.  In all likely hood if someone receives a life sentence they will never get released from prison.  If a loved is facing a life sentence, either because they have strikes on their record, or because of the charges they are facing you need an attorney who has experience and expertise is defending individuals facing life sentences.  You need an attorney life Lance Jacot.  Mr. Jacot has spent his profession life defending people accused of serious crimes. Contact The Jacot Law Firm today to discuss your case with Mr. Jacot

Continue reading "Chance For Release Slim If You Receive Life Sentence" »

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May 17, 2010
  Supreme Court Ruling Regarding Juvenile Life Sentences
Posted By Jacot Law Firm

High court rules out life sentences for juveniles

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WASHINGTON (AP) — The Supreme Court has ruled that teenagers may not be locked up for life without chance of parole if they haven't killed anyone.

By a 5-4 vote Monday, the court says the Constitution requires that young people serving life sentences must at least be considered for release.

The court ruled in the case of Terrance Graham, who was implicated in armed robberies when he was 16 and 17. Graham, now 22, is in prison in Florida, which holds more than 70 percent of juvenile defendants locked up for life for crimes other than homicide.

"The state has denied him any chance to later demonstrate that he is fit to rejoin society based solely on a nonhomicide crime that he committed while he was a child in the eyes of the law," Justice Anthony Kennedy wrote in his majority opinion. "This the Eighth Amendment does not permit."

Chief Justice John Roberts agreed with Kennedy and the court's four liberal justices about Graham. But Roberts said he does not believe the ruling should extend to all young offenders who are locked up for crimes other than murder; he was a "no" vote on the ruling.

Life sentences with no chance of parole are rare and harsh for juveniles tried as adults and convicted of crimes less serious than killing, although roughly three dozen states allow for the possibility of such prison terms. Just over 100 prison inmates in the United States are serving those terms, according to data compiled by opponents of the sentences.

Those inmates are in Florida and seven other states — California, Delaware, Iowa, Louisiana, Mississippi, Nebraska and South Carolina — according to a Florida State University study. More than 2,000 other juveniles are serving life without parole for killing someone. Their sentences are not affected by Monday's decision.

Justices Samuel Alito, Antonin Scalia and Clarence Thomas dissented from Monday's ruling.

Thomas criticized the majority for imposing "its own sense of morality and retributive justice" on state lawmakers and voters who chose to give state judges the option of life-without-parole sentences.

Attorney Lance Jacot has extensive experience defending juvenile offenders, including juveniles who are facing life sentences.  If your son or daughter has been charged with a crime contact The Jacot Law Firm for a free case consultation.

Continue reading "Supreme Court Ruling Regarding Juvenile Life Sentences" »

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May 16, 2010
  Huntington Beach Local Tito Ortiz Not Charged With Domestic Violence.
Posted By Jacot Law Firm

No charges against Tito Ortiz

Mixed martial arts fighter was arrested on suspicion of domestic violence, but authorities say there is "insufficient corroboration."

Orange County prosecutors said Thursday that they are declining to file charges against mixed martial arts fighter Tito Ortiz, who was arrested on suspicion of domestic violence in Huntington Beach, where he lives with his girlfriend, adult film star Jenna Jameson.

"We declined to file charges based on insufficient corroboration to prove the case beyond a reasonable doubt," said Farrah Emami, a spokeswoman for the Orange County district attorney's office.

Last month, Huntington Beach police responded to a domestic violence report in the 16700 block of Baruna Lane, authorities said. Ortiz, an Ultimate Fighting Championship fighter and light heavyweight champion, was taken into custody and later released after posting $25,000 bail, police said.

If you have been charged with a domestic violence battery contact Newport Beach domestic violence attorney Lance Jacot at The Jacot Law Firm for a free consultation.  Call toll free 24 hours a day at 888-823-4883.


Continue reading "Huntington Beach Local Tito Ortiz Not Charged With Domestic Violence." »

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May 15, 2010
  New Homicide Arrest In Stockton
Posted By Jacot Law Firm

Juvenile suspect held in two slayings

STOCKTON - Police are investigating the death of a man found shot Thursday night in north Stockton. A juvenile has been arrested and booked on murder charges in that case and another homicide in the same neighborhood earlier in the month.

Stockton police found Corry Rojas, 32, shot about 9:45 p.m. Thursday at his residence in the 700 block of Ponce de Leon Ave. He was taken to St. Joseph's Medical Center, where he was pronounced dead a short time later.

The suspect, a 16-year-old boy, was found in the residence and arrested without incident. He was booked into juvenile hall on felony murder charges related to Thursday's slaying and the earlier homicide, which occurred May 1 in the 8600 block of Santa Paula Way.

In that case, police found a 30-year-old man shot to death in the alley between Santa Maria and Santa Paula ways after they received a report of a shooting about 10:30 that night. Three days after the killing, the Stockton Police Department still had not released the identity of the victim, because family had not been notified.

The first shooting occurred around a cluster of apartments just west of Kennedy Elementary School. One bullet also struck the gas main to a nearby building, requiring authorities to shut off the gas to several apartments, according to police.

No further details were available Friday.

If you are need of an experienced homicide attorney in Stockton then contact The Jacot Law Firm and speak with Lance Jacot.

Continue reading "New Homicide Arrest In Stockton" »

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May 13, 2010
  DUI Crash
Posted By Jacot Law Firm

FULLERTON - A 22-year-old man was arrested on suspicion of driving under the influence after hitting a parked vehicle in a residential neighborhood, police said.

The crash occurred at 11:14 p.m. Wednesday on the 500 block of West Elm Avenue.

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According to Fullerton Lt. Scott Rudisil, the man lost control of his vehicle and hit a parked car. His vehicle rolled over and landed on its roof.
COURTESY OF ONSCENE

According to Fullerton Lt. Scott Rudisil, the man lost control of his vehicle and hit a parked car. His vehicle rolled over and landed on its roof.

The driver sustained minor injuries, Rudisil said.

If you or a loved one has been charged with a DUI in Newport Beach, contact Newport Beach DUI attorney Lance Jacot at the Jacot Law Firm.  Mr. Jacot has helped countless people charged with DUI get favorable results, both before and after trial.  Don't hesitate to call The Jacot Law Firm 24 hours a day at 888-823-4883.
Continue reading "DUI Crash" »

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May 13, 2010
  Orange County Sexual Assault Case Goes to Supreme Court
Posted By Jacot Law Firm
Three men found guilty in Orange County nearly five years ago of sexually assaulting an apparently unconscious 16-year-old girl and videotaping her have asked the state Supreme Court to overturn their convictions.

Gregory Haidl, 24, the son of former Orange County Assistant Sheriff Donald Haidl; Kyle Nachreiner, 25; and Keith Spann, also 25, were convicted in 2005 of sexual assault and sentenced to six years in prison. All three have been paroled.

Haidl's attorney, Dennis Fischer, said petitions were filed with the state high court last week to hear arguments on why the three should have their convictions overturned and not have to register as sex offenders. But he said the chances of the court agreeing to hear the petitions are "next to none."

All three were 17 years old when the assault occurred in 2002 at the elder Haidl's home in Corona del Mar. They lost their case at the appeals court level last month. This is their last chance to appeal their convictions at the state level.

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If the state high court agrees to hear the case, Fischer will argue that the trial judge did not give his client a fair trial because he excluded evidence that the victim participated in similar sexual activity not long before the assault. The woman's sexual history was protected under California's rape shield law.

Fischer also plans to argue that the requirement to register as sex offenders should be dropped because the jury found the trio not guilty on an assault with a deadly weapon charge. Without that charge, Fischer said, they would have been tried as juveniles and would not have to register.

Prosecutors say the men's attempts to clear their records is exactly why they should have to register as sex offenders.s

"Men who are convicted of preying on women who are too intoxicated to say 'no' are sexual predators," said Orange County district attorney's spokeswoman Susan Kang Schroeder. "The public has the right to know who they are, where the live and what they did."

The state Supreme Court has 60 days to decide whether to hear the case.

joseph.serna@latimes.com

If you have been charged with a sexual offense in Orange County or southern California you need an attorney who has the specialized knowledge to defend you.  The consequences of a sex related crime on your record can be devestating.  Contact Newport Beach Sex Crimes Attorney Lance Jacot for a free consultation.

(949) 748-6992
4425 Jamboree Roade, Suite 265
Newport Beach, CA 92660
Continue reading "Orange County Sexual Assault Case Goes to Supreme Court" »

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May 12, 2010
  Gag Order Still In Place
Posted By Jacot Law Firm

STOCKTON - With a gag order on Melissa Huckaby's case still in place, the public has no clearer understanding today of the hows and whys of 8-year-old Sandra Cantu's death.

San Joaquin County Superior Court Judge Linda Lofthus appears steadfast in her decision to keep details of the Tracy crime under wraps. After taking a guilty plea Monday from 29-year-old Huckaby, Lofthus said she wanted time to consider lifting her gag order.

It's unclear when Lofthus may release key documents in Huckaby's case - if ever.

One legal expert said there is logic behind the judge's ruling, while a second said freezing this information could engender further suspicion of government.

A third attorney, John Schick, who teaches at Stockton's Humphreys College Laurence Drivon School of Law, said now is the time for the public to wade into the details of Sandra's death despite their disturbing nature.

Schick said disclosure might finally bring closure to a community left reeling.

"I think that would be very helpful to people's sense of healing," Schick said. "We've all had so many questions about the unusual nature of the case."

Before her guilty plea, Huckaby was headed to trial in October and a possible death sentence for Sandra's March 27, 2009, kidnapping, rape and murder.

In a surprise development, Huckaby pleaded guilty to first-degree murder and kidnapping, which carry a prison sentence of life without the possibility of parole. Lofthus is expected to sentence Huckaby formally June 14.

Soon after taking the case last year, Lofthus imposed a gag order, preventing involved parties from talking to the media. Lofthus sealed the autopsy reports and volumes of transcripts from a grand jury hearing, among documents that give insight into the crime.

Aside from a small circle of attorneys and investigators on the case, nobody knows how Sandra died - initially drawing a rape charge - and what motive Huckaby may have had for carrying out the crime. Sandra's body was found stuffed in a black suitcase and dumped in a dairy pond.

Lofthus has said she feared releasing the details which could taint the jury pool. She also said she wanted to protect the privacy of Sandra's family. "There is no doubt the public views the sexual assault of a child to be a heinous act," the judge said in a hearing one year ago.

After Huckaby's plea, San Joaquin County Deputy District Attorney Thomas Testa asked Lofthus to lift the gag order, and San Joaquin County Deputy Public Defender Sam Behar said he had no problem with that.

Lofthus refused, saying she didn't want to "undo anything we've done here today," referring to the plea deal.

Schick said that assuming Lofthus followed procedure while taking Huckaby's plea, there is no way the defendant can change her mind and back out of her guilty plea. The sentencing next month amounts to a clerical act, because the pleas carry a prescribed life prison term, Schick said.

"There's no discretion left for anybody," Schick said. "Why not get the information out there?"

Yet Ruth Jones, a former criminal prosecutor and now a law professor at University of the Pacific McGeorge School of Law in Sacramento, said she presumes Lofthus wants to keep the details quiet until after Huckaby's sentencing.

"The case really isn't over at this level until she is sentenced," Jones said.

She said Lofthus may fear the plea deal could fall apart for some unforeseen reason. It is quite difficult for a defendant to withdraw a plea, she said, but it is not unheard of.

Jones said Lofthus might encounter a big challenge if she wishes to protect Sandra's family by sealing the Huckaby documents permanently. Once the case is over, the public's right to know would outweigh the family's privacy rights, Jones said.

At a constitutional level, the public has a right to observe the court process to make sure the criminal justice system is functioning correctly, Jones said.

"There has to be some justification as to why the public doesn't have a right to know," she said.

Donna Shestowsky, a psychologist and law professor at the University of California, Davis, King Hall School of Law, said there is possibly a darker consequence to secrecy in a case such as this. It tends to heighten people's suspicions of government, she said, citing research.

Allowing the public to observe the process can be more important than the outcome in terms of how people react to authority figures, such as the judge in this case, Shestowsky said.

"If everything is kept quiet on such a shocking case, then that can definitely have negative consequences," she said. "In some ways, it can have a boomerang effect and make people want to know more."

Contact reporter Scott Smith at (209) 546-8296 or ssmith@recordnet.com. Visit his blog at recordnet.com/smithblog.


If you have been charged with a crime- no matter how serious- you need an experienced and exceptionally well qualified attorney to represent you.  Contact The Jacot Law Firm to speak with homicide attorney Lance Jacot for a free initial consultation.

In Stockton or the greater central valley call (209) 463-1800.
In Newport Beach or the greater Orange County area call (949) 748-6992.
Continue reading "Gag Order Still In Place" »

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May 11, 2010
  New Stockton Homicide
Posted By Jacot Law Firm

Teens say central Stockton stabbing victim tried to rob them

STOCKTON - Police said a 20-year-old man who died Monday after being stabbed in central Stockton was killed by two teens he tried to rob.

The man was pronounced dead at Dameron Hospital; his name has not been released. The teens were questioned by police and released pending further investigation.

The teens told police that they were walking near Glencannon and El Dorado streets at about 2:50 p.m. when the man pulled a necklace from one of their necks and ran. They chased and caught the man, who then pepper-sprayed them, police said.

The teens told police they wrestled with the man and stabbed him to defend themselves. A passer-by later drove the stabbed man to Dameron Hospital.

Police later arrested Valerie Bravo-Rodriguez, 18, and Emar Deshawn Smith, 25, who they said also were involved in the robbery.

If you have been charged with a homicide or other vioent felony contact Stockton Homicide attorney Lance Jacot.  Call 24 hours a day at 888-823-4883.

The Jacot Law Firm
11 South San Joaquin Street, Suite 703
Stockton, CA 95202
Tel. (209) 463-1800
Fax (209) 463-1811

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May 10, 2010
  Not Guilty in First Degree Murder Case
Posted By Jacot Law Firm

STOCKTON - A 31-year-old man was sentenced Monday to 15 years to life in state prison for killing his former girlfriend whose charred remains were found last year in a field outside Stockton.

Luis Alonso Vega said nothing and stared straight ahead as San Joaquin County Superior Court Judge Bernard Garber pronounced the sentence that could keep Vega in prison for the rest of his life for killing Jennifer Nicole Holland of Tracy.

Investigators believe Holland, 19, was shot at a Tracy home and driven to the field southwest of Stockton where her body was set on fire. Prosecutors presented no motive for the crime during the trial. Holland and Vega had a longtime relationship, and her blood was found in his car.

Jurors last month acquitted Vega's co-defendant Zackarie James Beck, 18, and Vega, who has a large tattoo across his forehead, was found guilty of second-degree murder and being a felon in possession of a firearm.

Garber said he wished every schoolchild could have watched the trial and personally witnessed the real side of drug abuse. Illegal drugs have become a national epidemic and "virtually nothing" is being done to stop it, he said.

"There's no glamour. There's nothing positive," Garber said. "It's just a negative downward spiral, and, unfortunately, this one ended in tragedy."

Michelle Holland, the victim's mother, said during the hearing that her daughter was planning to begin a county drug treatment program the day she was killed. She never made it there, said Holland, who shook as she spoke.

"My daughter was beautiful and loving," she said and then cast her eyes to Vega. "My daughter loved everybody, even scumbags like that."

Vega's co-defendant Beck was tried for the murder as an adult; he was 17 at the time. No evidence connected him directly to the crime, his attorney said.

San Joaquin County Deputy Public Defender Lance Jacot outside court said that he hopes his former client Beck can leave behind the bad company he kept that landed him on trial and facing life in prison.

According to Jacot, Holland was murdered on a couch in Beck's Tracy home, but Beck was at work all day in a factory for custom motorcycle parts, Jacot said.

"Hopefully, Zack can turn his life around and get back on track," Jacot said.

Contact reporter Scott Smith at (209) 546-8296 or ssmith@recordnet.com.

If you have been charged with murder you need an experienced attorney who has the expertise, dedication and tenacity to win your case.  Contact homicide attorney Lance Jacot of The Jacot Law Firm for a free consultation.

For the central valley office call- (209) 463-1800.

For the southern California office call- (949) 748-6992.

Or call toll free 888-823-4884

Continue reading "Not Guilty in First Degree Murder Case" »

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May 10, 2010
  Huckaby Plea Deal
Posted By Jacot Law Firm

STOCKTON — Melissa Huckaby admitted guilt today to the murder and kidnapping last year of 8-year-old Sandra Cantu in a crime that shocked Tracy and captured national attention.

The surprise development spares Huckaby, 29, of the possible death sentence, which prosecutors intended to seek in trial. Under the negotiated plea deal announced in a Stockton courtroom, Huckaby will spend the rest of her natural life in state prison.

Huckaby pleaded guilty to murder with the special circumstance of kidnapping. All other charges against her were dropped, including charges of rape and poisoning.

Huckaby's guilty plea came a little more than one year after a surveillance camera captured one of Sandra's last living moments on March 27, 2009, as she happily skipped through Orchard Estates Mobile Home Park in Tracy.

Both Sandra and Huckaby's families lived in the mobile home park. Sandra was a playmate of Huckaby's young daughter.

Days later farm workers discovered Sandra's body about two miles north of town stuffed in a black suitcase and discarded in a dairy pond. Hucakby was linked to the suitcase and charged with special circumstances murder. Her trial was set to begin in October.

San Joaquin County Superior Court Judge Linda Lofthus set Huckaby's formal sentencing date for June 14.

Read Tuesday's Record for more on this story by staff writer Scott Smith.

If you have been charged with murder you need a qualified and experienced attorney to represent you.  Contact The Jacot Law Firm for a free consultation.  Toll Free 888-823-4883.

Attorney Lance Jacot has tried numerous murder cases, and is qualified to handle death penalty cases.

Continue reading "Huckaby Plea Deal" »

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April 30, 2010
  Newport Beach Criminal Defense Blog
Posted By Jacot Law
We are pleased to announce the launch of our Newport Beach Criminal Defense Blog with an RSS Feed available here http://www.jacotlawfirm.com/Blog/Entire-Blog-Feed/RSS.xml!
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