Interview with Mark Raimondo regarding prop 57 and prisoner rehabilitation

 

The California prison system could be undergoing a significant change.

A federal mandate to lower prison population has led to bills like AB 109 (realignment) and Prop 47 (making some felonies into misdemeanors). Proposition 57, which is on the November ballot, is a two-part proposal designed to affect non-violent criminals as well as juveniles.

 

Through 23ABC’s interviews with public safety officials, the juvenile angle was not met with much opposition, so it will be discussed first.

If Prop 57 were to pass, judges would be given the power to determine if a juvenile can be tried as an adult. Currently, the county’s district attorney makes that decision.

Kern County District Attorney Lisa Green says she would give that power over to judges.

“If that were the only piece of Prop 57, I don’t believe you would see law enforcement lining up, district attorneys lining up against the proposition,” Green said.

“I actually have no issue with that. Judges are certainly capable of making those decisions of juveniles.”

As Green said, it isn’t the only part of Prop 57 up for a vote. The second focus of the proposition deals with non-violent criminals.

If Prop 57 were to pass, criminals that are serving time in prison for non-violent offenses would be eligible for parole after they serve their primary sentence entirely.

To give this context, here is an example: A person receives a three year sentence for burglary but he/she also was charged with enhancements (participation in a street gang, possession of a controlled substance, etc.) which raise the total sentence to seven years.

If Prop 57 were to pass, the person could be eligible for parole after serving the three years for burglary if they participate in programs and behave while incarcerated.

The person could apply to have their case heard by a parole board, and, by looking at the person’s prison file, they can determine if the person can be released to community supervision.

 

Mark Bonini, the president of the Chief Probation Officers of California, played a role in the formation of the bill and explains why passing Prop 57 would be best for California.

“The odds are that somebody that’s been exposed to that type of programming while in custody is going to be a much better product and a much better person on the street to supervise, thereby reducing recidivism, which reduces victims, which reduces crime.”

But Green disagrees that Prop 57’s goal to get non-violent criminals rehabilitated through incentives is the answer to lowering prison numbers.

“There are no nonviolent offenders in state prison in my opinion,” Green said.

“They’ve all been released. This bill will not deal with violent offenders. It deals with criminals who have repeatedly offended.”

Kern County Sheriff Donny Youngblood agrees.

“To get into prison, you must be an overachiever… and you have not complied with our laws over and over and over again.”

That over and over again is known as recidivism, something Bonini thinks could lower if incentives are given to inmates to participate in prison rehabilitation programs.

“What incentive is there to engage in any programming?” Bonini said.

“They’re going to earn the same amount of credits that the guy next to them does and they are eventually going to get out because they’ve been given that out date.”

With the passage of Prop 57, the hope is that inmates will want to enter the programs, and in turn, receive help from them.

“We want to say please behave, good things happen if you behave well,” Kern County Public Defender Konrad Moore said.

Mark Anthony Raimondo, a defense attorney, believes the use of prison programs will benefit not just the individual, but society as a whole.

“That guy in prison that stays in prison for the full 10 years with no training and no skills and no motivation, is just a burden to society when they get out,” Raimondo said.

The belief is these non-violent criminals, when rehabilitated, will not be a burden.

But the major point of contention between advocates and those who disapprove of Prop 57 is what constitutes as a violent crime.

In the California Penal Code manual, Section 667.5, 23 crimes are listed as violent. You can find that list by clicking here.

Green says those 23 listed do not come close to ensuring every violent crime is covered.

“That leaves 100s upon 100s of crimes that anyone would think is a violent crime, membership in a criminal street gang, assault with a deadly weapon, assault with a firearm, domestic violence, corporal injury on a child, elder abuse, the list goes on and on,” Green said.

“Literally, hundreds of crimes. Some of them pertain to terrorist acts, but they are defined in such a way by the penal code, they are considered nonviolent felonies.”

But Moore says that is not true

“Absolutely not, the list of violent crimes pretty much measures up to what most people think,” Moore said.

“Use a gun? That’s violent. Assault with a deadly weapon? That’s violent. Rape, murder, robbery, all those, violent. Child molest, all those are violent. What we are talking about is where nobody gets hurt.”

Regardless of whether Prop 57 passes on November 8th or not, because of California’s high prison population, inmates that never thought they would get out could get out soon.

“95 percent, I think the number is of all offenders that are in custody, in CDCR (California Department of Corrections and Rehabilitation), are going to get out,” Bonini said.

“There’s not very many that stay, [that] have a life sentence and stay there.”

Bonini added that the passing of Prop 57 wouldn’t create a Pandora’s Box of prisoners getting out of prison all at once.

“I think it’s going to take some time. The thing here is this isn’t a situation where prop 57 passes and all of a sudden everyone comes out and is on parole,” Bonini said.

“It’s not going to be that case, or comes out to community supervision. There is still going to be a process in place.”

 

https://www.turnto23.com/news/local-news/focus-of-prisons-is-to-rehabilitate-inmates-so-when-they-do-get-out-they-are-not-burden-to-society

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Expunging a Marijuana Conviction in Bakersfield CA

Expunging a Marijuana Conviction in Bakersfield CA

If you have a conviction for marijuana use or possession in Bakersfield CA, you can now have your record expunged under Prop 64, “The Adult Use of Marijuana Act”, which will allow most people with marijuana offenses to either fully expunge and remove the conviction from their record, reduce their conviction to a misdemeanor, or reduce their conviction to an infraction; however, the process is not automatic. A petition must be filed with the court and prove that you are not a danger to society. The Law Offices of Mark Anthony Raimondo in Bakersfield, CA will help you through the marijuana conviction expungement petition process.

What offenses are covered by Prop 64 for expungement?

– Possession of NOT more than one ounce of marijuana or not more than 4 grams of concentrate (hash/oil/rosin): Possession by an adult over age 21 was a $100 ticket and anyone with this offense will now be able to have it expunged from their record entirely. If you were under age 21 at the time of the offense, it is reducible to an infraction. If the possession occurred in a school or on school grounds, then the offense cannot be expunged entirely from your record. Instead, it can be reduced to a misdemeanor if you were 18 years of age or older or reduced to an infraction if you were under the age of 18.

– Possession of more than one ounce of marijuana or more than four grams of concentrate (hash/oil/rosin): Possession of hash/oil/rosin was a misdemeanor or a felony and anyone with this offense will be able to reduce the offense. If you were under age 18 at the time the offense was committed, it can be reduced to an infraction. If you were 18 or older at the time the offense was committed, then it is reducible to a misdemeanor only.

– Cultivation of less than 6 marijuana plants: This was a felony and anyone with this offense will be able to have it expunged from their record entirely (if you were under 21 at the time of the offense it will be reduced to an infraction).

– Cultivation of more than 6 marijuana plants: This was a felony and anyone with this offense will be able to reduce it to a misdemeanor in most cases unless you had prior offenses for cultivation of more than 6 plants (if you were under 21 at the time of the offense it will be reduced to an infraction).

– Possession of Marijuana for sale: Was a felony and anyone with this offense will be able to reduce it to a misdemeanor if it is their first or second offense in most cases. (If you were under 18 when the offense was committed it can be reduced to an infraction).

– Transportation of marijuana for sale and unlawful gift over 28.5 grams marijuana or any amount of concentrate: This was a felony and anyone with this offense will be able to reduce it to a misdemeanor in most cases (If you were under 18 at the time the offense was committed it is reducible to an infraction).

– Transportation of marijuana for sale and unlawful gift under 28.5 grams marijuana (not concentrate): This was a felony and anyone with this offense will be able to reduce it to an infraction. What are the next steps?

You can start the petition yourself or call our office for a Free Consultation and professional assistance with your marijuana expungement petition at (661) 827-8000.

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Child porn charge against Vineland teacher dismissed

Prosecutors have dismissed a charge of child pornography possession against a Vineland School District teacher whose trial ended in a hung jury earlier this year.

A prosecutor said there was insufficient evidence to continue with another trial of Margarito Madueno after a jury hung 9-3 for not guilty in May. No additional evidence surfaced in the case between the mistrial and Monday’s dismissal of the charge, Deputy District Attorney Cole Sherman said.

Madueno was in possession of a SD chip that contained child porn. His attorney argued at trial that Madueno had found the card and, not knowing what was on it, picked it up to use later.

An FBI search of Madueno’s computers and other electronic devices did not turn up additional child porn, attorney Mark Anthony Raimondo said.

“The FBI report comes back and it’s absolutely negative,” Raimondo said Tuesday. “Not only was that (chip) never in any of his devices, no files from any of his devices were on the chip.”

He said prosecutors tried to get Madueno to enter a plea to a lesser charge after the mistrial, but he refused.

“He said, ‘Mark, I didn’t do anything wrong,'” Raimondo said.

Upon the charge being dismissed, Madueno “cried like a baby and hugged me,” Raimondo said.

Madueno, 33 at the time of his arrest in October, was a teacher at the Vineland School District. Raimondo said he expects he will remain employed with the district, which he said was “100 percent behind (Madueno)” throughout his legal ordeal.

Story Credit: Bakersfield.com

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Letting a Bakersfield attorney help guide you through the bail process

 
If you are arrested you need to seek advice from an experienced criminal defense lawyer in order to get the lightest sentence possible.
 
For many facing criminal charges in Kern County, the likelihood of spending months or maybe even years in prison is a great possibility. 
 
Bakersfield criminal defense attorney Mark Anthony Raimondo can help.
 
Raimondo says that that most people are in shock when they find out their loved one has been arrested and is in jail. And to make matters worse, they must then navigate the complex bail system, determining what the bail amount is, how to post the bail and if the bail amount can be changed.
 
The Eighth Amendment of the U.S. Constitution guarantees a person’s right of making sure that he or she will have no excessive bail amount set against them, although judges often use extremely high bail amounts to keep “high-risk” individuals from getting out of jail, if he or she feels that the public’s safety is at risk.  
 
The amount of bail required depends on the severity of the crime, and is set by local law enforcement, but can be raised or lowered by a judge.
This is where a good criminal defense attorney like Raimondo can help you through the process of posting bail, while protecting your Eighth Amendment rights.
 
For example, if you have been arrested, you want your bail to be set as low as possible. Even though, you might discover you still cannot afford to pay the bail.
 
When this happens, you must wait to ask the judge to lower the bail amount at your first court appearance. Depending upon your financial situation, the judge may decide to lower your bail amount, or not.
 
That’s why you need an experienced criminal defense attorney, if you are going to convince the judge that your bail should be reduced, and if should post bail immediately, or wait until after your arraignment.
 
And while posting bail immediately can allow your attorney to begin working on your case early, negotiating with prosecutors to either lower your charges or get the case completely dismissed. Waiting to post bail, forces prosecutors to decide whether or not to file charges more quickly.
 
If  you have been arrested in Kern County, you need to protect your rights and know your options. Especially when it comes to the bail process.
That’s why criminal defense attorney Mark Anthony Raimondo can help you, with his knowledge, understanding and passion to protect people and their rights.
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Misdemeanors aren’t so minor, so get a Bakersfield attorney

If you are arrested you need to seek advice from an experienced criminal defense lawyer in order to get the lightest sentence possible.
 
For many facing criminal charges in Kern County, the likelihood of spending months or maybe even years in prison is a great possibility. Bakersfield criminal defense attorney Mark Anthony Raimondo can help.
 
Raimondo says that those charged with misdemeanors should not just plead guilty at their arraignment just to get it all over with, as doing so can come with serious repercussions.
 
For example, a guilty plea for even the most minor misdemeanor charge might result in serious immigration consequences for a person who is not a U.S. citizen, while other criminal convictions may carry a lifetime ban on possession of firearms or ammunition, affect credit and job prospects, or result in driver’s license suspensions or revocations.  These can all affect you negatively for the rest of your life.
 
There is a chance to avoid those types of penalties however, and for a person who hires a good criminal defense attorney like Raimondo, the odds are increased.
 
And while no attorney would ever tell a client to enter a guilty plea to any and all misdemeanor charges and then simply plead for the court’s mercy in sentencing, a high-quality attorney like Raimondo may be able to negotiate a better deal.
 
If the circumstances are right and a defendant facing a misdemeanor charge has no criminal history, an attorney may be able to negotiate a class C deferred adjudication, which can be totally expunged from their record, or maybe even request probation or a diversion program. All of which provide a much better outcome, than just pleading guilty, which can end up haunting  a person for the next 10 to 20 years of their life.  
 
If  you have been arrested in Kern County, you need to protect your rights.
 
That’s why criminal defense attorney Mark Anthony Raimondo can help guide you through the judicial process, with his knowledge, 
understanding and passion to protect people and protect their rights. 

 

 
 
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Getting charges reduced from felonies to misdemeanors

If you are arrested you need to seek advice from an experienced criminal defense lawyer in order to get the lightest sentence possible.
 
For many facing criminal charges in Kern County, the likelihood of spending months or maybe even years in prison is a great possibility. Bakersfield criminal defense attorney Mark Anthony Raimondo can help.
 
Raimondo tells his clients that when they are arrested, law enforcement will usually book them with the most serious charge possible. However, there are some felonies known in legal terms as “wobblers,” which are charges that can be filed in court as either a misdemeanor or a felony. These charges are defined in the criminal code section as crimes that are punishable in county jail and/or state prison.
 
An example of these might be second degree burglary, auto theft, assault with a deadly weapon and possession of methamphetamine. Nevertheless, you must have never been sentenced to state prison, or have received probation due to a stayed felony sentencing.
 
For defendants, the days between their arrest and their arraignment are critical, as the local district attorney’s office will examine the charges, police report, evidence, and the defendant, witnesses and victim’s backgrounds, which can, according to Raimondo, all lead to felony charges being reduce to misdemeanors, or not, by the time the accused appears before a judge.
 
If  you have been arrested in Kern County, you need to protect your rights.
 
That’s why criminal defense attorney Mark Anthony Raimondo can help you get your felonies reduced to misdemeanors, with his knowledge, understanding and passion to protect people from unwarranted criminal charges.
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Contact A Trusted DUI Attorney in Bakersfield

One minute you’re having fun at a dinner party in Bakersfield, the next there are flashing lights behind you. Suddenly you realize you are being pulled over, and that you had a couple of glasses of wine earlier in the evening.

You tense up as you pull to the side of the roadway, and with the police car’s blinding white searchlight shinning; you fumble to get your license and registration.

What do I do? What should I say?

You’re on pins and needles as the officer approaches, and you roll down your window. He asks if you’ve been drinking and you say yes, but just a few. An hour later you’re sitting in a jail cell, facing a DUI charge. You’re mind races with a millions of thoughts. How long will I be in jail? Will I lose my job? Do I need a lawyer? Every day, this exact situation happens to thousands of drivers, and certainly those in the Bakersfield area. Knowing what your Constitutional rights are when you are pulled over, and exactly what you are required to do and not do, makes all the difference. So here is some advice for you to follow when you are about to face a DUI,  to help you out before it’s too late.

For starters, there is only one sure way to avoid a DUI conviction — never ever drive while under the influence. Call a cab, friend, or tow truck. All of which are far cheaper than a DUI conviction and a whole lot safer. Nevertheless, if you are charged with a DUI, there are some important things to know.

First, you should contact an attorney as soon as possible. If you cannot afford one, in most states a court-appointed attorney will be provided to you at no charge. The most important thing is to make sure to see your counsel immediately, so the details of the events leading up to your arrest will still be clear. The more you can remember, the better your lawyer can defend you.

Next, keep quiet when you are pulled over. Do not offer any information to the officer until it is necessary. Everything you say, can and will be used against you, so take a deep breath and compose yourself. Never admit to having any alcoholic beverages, if you do, you have given up your Constitutional right not to testify against yourself, and probably helped prove the officers case against you for DUI. Also by saying little, you do not allow the officer to smell the odor of alcohol on your breath, or allow him to see that your speech may be impaired. However, even if you keep your mouth shut, you will probably be asked to perform a field sobriety test.

You are in no way obligated to perform any of these tests under any circumstances, regardless of what the officer tells you. There is also no advantage to you to perform these tests, as they are only used to build the case against you, by providing the officer with evidence to support probable cause to arrest you for DUI, and that you really under the influence of alcohol. That’s because nine times out of 10 you are going to fail some part of the tests, showing multiple signs of impairment in the eyes the officer giving it. In some jurisdictions, officers will forego the standard field sobriety tests, opting to persuade drivers to blow into a portable breath analyzer, telling them that it cannot be used in court because these devices are notoriously erroneous. Fact is, that while the analyzer’s results are not admissible in court to show proof of the level of blood alcohol in your system, the results are allowable if your attorney wants to challenge the officer’s probable cause to arrest you. So, you should not blow into one of these devices at the scene for any reason.

Consequently, you are required by law to submit to a breath sample once arrested for driving under the influence. This usually occurs at the police station, and is done because you gave your consent to be tested under such circumstances when you obtained you driver’s license. Your refusal to do so could result in a mandatory 12 month loss of license with no opportunity for a restricted license to drive to and from work if you are convicted of a DUI. Finally, even though you have the right to exercise your Constitutional right against self-incrimination, be polite to the officer at all times. Do not be argumentative or discourteous, as it can only harm your case in court. The information provided in this article is for informational purposes only, and is not in any way a substitute for legal advice.

If have been arrested for DUI in Bakersfield, please contact a Bakersfield DUI attorney.

 

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5 Things to Do When You Get Accused of a DUI in Bakersfield CA

DUI Attorney in Bakersfield CA

DUI Attorney in Bakersfield CAGetting accused of a DUI in Bakersfield CA can be a very stressful experience and there are several consequences that can end up costing you money and your reputation. If you are convicted of a DUI, it can have serious consequences on your background and career, and it may make it more difficult for you to find work. A DUI can stay on your permanent record, but if you hire a DUI attorney in Bakersfield, as soon as possible after being accused of one, your chances of getting the charges dropped are much higher.

1.) When you are pulled over, don’t talk to the police

You are considered “detained” when you are pulled over, and although the police may not have read your Miranda rights they will often ask incriminating questions. You can invoke your Fifth Amendment right to remain silent, and you should. You are only required to provide your license and insurance. Also, any field sobriety tests are optional even though the officers will not let you know that. Politely decline the field sobriety tests and tell the officers that they are not required by California state law.

2.) Make your social media accounts private

Anything that is published online can be used against you in a court of law. If there is an evidence that suggests that you may have been drinking on the night that you were accused of a DUI, it can be collected by the police. Even before you call an attorney you should make your profiles private or remove the accounts altogether. At this point you will need to be more focused on your case, and social media accounts will only end up being a potential hazard for you as you try to beat your charges.

3.) Read all of your paperwork and seek legal counsel

Two things are triggered after a dui arrest.  One is the criminal process with the court, and the second one is with the DMV.  The only thing the DMV can do to you is take away your driver’s license.  In California if you have a valid driver’s license when you are arrested, no matter how intoxicated you are, or how many prior DUI’s you may have, you leave the arrest with a valid (temporary) driver’s license.  Most of the time the arresting officer takes away your hard copy of your driver’s license and gives you a temporary “pink colored” driver’s license.  This license is only valid for 30 days.   If you do nothing it will automatically expire 30 days after the arrest.  However, the DMV gives you the opportunity to fight the DMV suspension and if you win at the DMV your license may never be suspended.   On that temporary driver’s license there is a notice to you that you have ONLY 10 DAYS to call the DMV and to tell them something to the effect of, “I want to fight the DMV suspension”.  The DMV rules regarding the 10 day time period to call are very firm.  If you fail to call within the first 10 days, it is next to impossible for anyone to stop the automatic suspension.  If you call within the 10 days, then that temporary license remains valid until you actually have your DMV hearing and only if you lose the DMV hearing.  The DMV will most likely give you a hearing date about five or six weeks out from the time you call.  I would suggest you call the DMV as soon as possible, even if you have not yet found an attorney to help you.  It is a simple phone call, and if you later find an attorney to assist you that attorney can easily jump in and take over your case with the DMV and hopefully give you a decent chance at nor losing your driving privilege.

4.) Get witnesses

If you can find anyone who is willing to testify on your behalf in court, it can swing the odds in your favor that you beat your charges.   Anyone that was with you at the time of the stop and arrest are most helpful.  We have also gotten great information from tow-truck drivers, or even the nurses that helped administer the blood test.  Find acquaintances, friends, family members and anyone who saw you before during or after you were stopped and ask them if they would testify for you in court. Your attorney can gather statements from witnesses, and one good witness can help you avoid a guilty charge.

5.) Don’t stress out about it

Stressing out can make your case that much more difficult to get through, and it can cause unneeded stress on your family and friends. Do everything that you can based on the recommendations of your attorney, but continue on with your life and stay in good communication with your attorney. Stay positive and trust the experience of your attorney to get you through your case.

Mark Anthony Raimondo is an experienced DUI attorney in Bakersfield who can advise you on your DUI case and help you beat your charges. If you have been accused of a DUI you need an experienced and skilled attorney, contact Mark Anthony Raimondo today for a free consultation.

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Judge drops charges against arson suspect

A judge dismissed charges Friday against a 22-year-old man suspected in the Villa La Jolla Apartments fire in June.

John Ruano was charged with arson and causing the fire in an inhabited dwelling, but the Kern County District Attorney’s office asked for charges to be dropped Friday, the same day as his preliminary hearing was set.

His attorney, Mark Raimondo, said the evidence against Ruano was thin and circumstantial. Ruano had lived in the apartment where the fire started, but he had been evicted days before the fire, his attorney said.

Many people saw him at the fire, but he has relatives who live in the apartment, Raimondo said.

Ruano’s girlfriend, Shandee Bales, with whom he has a 2-year-old son, said in a previous interview withThe Californian, that Ruano couldn’t have set the fire because he was with her at the time in an apartment at the other end of the complex.

The couple also lost belongings in the fire, Bales said.

“A good majority of our stuff was still in (his sister’s) apartment, so there’s no reason for him to burn it down,” she said.

Diane Bautista, who recently became assistant manager of the complex, said in a previous interview that she didn’t believe Ruano did it. She pointed out that he still lived at the complex, in a different apartment.

Deputy District Attorney David Wilson did not return phone calls for comment about why he decided to drop charges.

The fire destroyed 14 units, left 60 people without homes and caused $1.5 million worth of damage.

 

Source:  The Bakersfield Californian | Saturday, Oct 07 2006 01:44 AM

Last Updated Saturday, Mar 28 2009 09:26 AM

Click here for Article

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Mom will spend 9 months in jail for stabbing baby

 

Mom will spend 9 months in jail for stabbing baby

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BAKERSFIELD, Calif. (KBAK/KBFX) — A mother was sentenced Tuesday morning for stabbing her 6-week-old daughter numerous times.

The judge suspended an eight-year prison term for Danielle Mailloux, but he ordered her to spend the first nine months of her five-year probation in Kern County jail. She also received credit for the eight months she’s already spent in jail, which means she’ll earn her freedom in about a month. 

Mailloux accepted a plea deal by admitting guilt for child abuse with an enhancement for great-bodily injury.

The mother’s attorney says she was suffering from postpartum depression when she attacked her baby last May, but officers found Mailloux was also under the influence of methamphetamine.

The baby’s father found the injured infant and called authorities. The girl was eventually taken to Children’s Hospital Central California in Madera.

Eyewitness News obtained reports showing Mailloux was investigated in 2009 when she had a stillborn baby.

Bakersfield police were called at that time because of unusual circumstances surrounding the death, according to the Kern County coroner’s office. Officers questioned both the mother and father, and the autopsy showed the infant died because of drug exposure through the womb.

The stillborn baby had methamphetamine in its system, but the Kern County District Attorney determined the death did not meet the legal definition of murder of a fetus.

Mailloux was never charged with that baby’s death.

By KBAK – KBFX – Eyewitness News – BakersfieldNow.com Published: Jan 17, 2012 at 12:28 PM PST Last Updated: Jan 17, 2012 at 5:26 PM PST

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