Articles Posted in Criminal Defense

A former Marin resident, Thomas John Clagett, 27, was arraigned in the Marin County Superior Court on Monday. Mr. Clagett has been charged with robbing a bank in Novato in 2007.

He was extradited to Marin County from Ohio last week after the FBI arrested him at his father’s home.

Bank robbery is a “strike” offense and is charged under Penal Code section 211. Being defined as both a serious and violent offense a conviction for a robbery carries a presumptive state prison sentence of up to 5 years.

Mr. Clagett will be back in the Marin County Courthouse on Thursday to enter a plea.
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A Daly City man and woman were arraigned in the Marin County Superior Court on Monday on a charge of possession of cocaine for sale. Marco Larrios, 32, and Carmen Roxana Gonzalez, 27 were arrested on April 15, 2010, in Ignacio. A third person, Wilfredo Umanzor, 24, of San Francisco, was also arrested and has been charged with being a lookout for Mr. Larrios and Ms. Gonzalez.

A plea hearing for all three suspects is pending and they remain in the Marin county jail with Federal Immigration holds.

Possession of cocaine for sale is a felony under the California Health and Safety Code and carries a maximum sentence of 4 years in state prison. Depending on a person’s criminal history, the facts surrounding her arrest and the amount of drugs possessed, it may be possible to have a drug sales charge reduced to a simple possession charge.

An experienced San Rafael criminal defense attorney will review the legality of the arrest and may run a motion to suppress evidence based on an illegal search or seizure in violation of the suspect’s rights under the 4th amendment to the United States Constitution. If a motion to suppress is granted the drug charges would likely be dismissed.
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A 46-year-old Woodacre woman was arrested for driving under the influence on Sunday night in San Anselmo.

San Anselmo Police officers got a call around 6:30 p.m. concerning a car being driven erratically. They located the suspected vehicle near the intersection of Red Hill and Sir Francis Drake and effectuated a traffic stop.

The driver was found to have an alleged blood-alcohol level three times the legal limit of .08 percent. She was booked into the Marin County Jail on suspicion of DUI and child endangerment as police officers found a 6-year-old boy in the car with her.

The suspect could be charged with an enhancement, specific to driving under the influence, for having a minor under the age of 14 in the car with her at the time of her arrest. However, the Marin County DA could also elect to charge her with a separate offense for child endangerment which could carry a county jail sentence of up to one year and result her her attending parenting classes if she is convicted.
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55 year old Arron Joe Perry was arrested on suspicion of domestic violence, assault with a deadly weapon, corporal injury to a child, evading police and DUI on Monday night after leading police on a pursuit from Solano County to Downtown Oakland.

Police responded to a residence in Suisun City after receiving a call from a woman indicating that Mr. Perry was assaulting a family inside the home. Mr. Perry drove away from the residence prior to officers arriving. Local police officers pursued him from Highway 12 to Interstate 80 and through Solano County to the Carquinez Bridge in Vallejo. CHP officers flattened the tires of Mr. Perry’s Hummer with a spike strip just west of Vallejo but that did not stop him. He continued to drive with officers in pursuit until he reached downtown Oakland in Alameda County.

Mr. Perry was arrested without further incident and booked into the Solano County jail on allegations of domestic violence, assault with a deadly weapon, corporal injury to a child, evading police and DUI. The Solano County District Attorney filed a felony complaint against him on Wednesday. If he is convicted of a felony he could be placed on probation with possible county jail time or he could be sent the state prison. A conviction for a domestic violence charge, misdemeanor or felony, would require that he complete a 52 week domestic violence counseling program.
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A Mill Valley woman who was accused in October 2009 of using her 13-year-old son as a designated driver entered a guilty plea to a DUI and felony drug possession on Monday. Her drug possession charges stemmed from an unrelated earlier arrest.

The woman was arrested on October 4, 2009, after she and her boyfriend had her son drive them home from dinner and drinks so as to avoid another DUI arrest. The couple both had prior drunk driving cases. Shortly after he started driving home from San Anselmo the 13 year old decided he could not continue and stopped the vehicle in the middle of Sir Francis Drake Boulevard. San Anselmo police were attracted to the parked vehicle and contacted the involved parties. The woman was subsequently arrested and charged by the Marin County District Attorney with DUI, contributing to the delinquency of a minor and allowing a minor to drive. In exchange for her guilty plea to the DUI the remaining charges were dismissed.

The driver returns to court on April 20, 2010 for sentencing. The sentence she receives will depending on the recency of any prior DUI convictions and will likely include punishment for the drug possession. On a second offense DUI alone she would be facing between ten days to one year in county jail, substantial fines and mandatory attendance at a DUI program. However, a conviction for a felony drug charge can carry punishment ranging from drug treatment or probation which may include county jail time, up to a state prison commitment. Her actual sentence will be based on numerous factors which will usually be discussed and provided to the judge in a pre-sentence report prepared by the Marin County Probation Department.
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On Monday morning a Petaluma Police Officer was responding to a crash around 1:30 a.m. when he was side swiped by a suspected drunk driver. Twenty six year old Keith Obryan Johnson failed to move out of the way when the officer pulled up behind him with his lights flashing and siren blaring. When the officer changed lanes to go around him, Mr. Johnson turned to the left and struck the officers police cruiser.

Neither the officer nor Mr. Johnson were injured in the crash. Mr. Johnson was arrested after the accident and booked into the Sonoma County Jail with a blood alcohol test result of .12%, more than the California limit of .08%. Monday’s driving under the influence arrest was the second for Mr. Johnson in February 2010. He was arrested for a DUI, assault and battery, car theft, driving on a suspended license and violating his probation on February 6 in Rhonert Park.

Mr. Johnson could be charged with a third DUI as he was convicted of driving under the influence in 2008 and placed on probation. DUI in California is a priorable offense for ten years from the date of arrest. As such, anyone convicted of driving under the influence or driving with a .08% or above can have their sentence enhanced if they are convicted of any subsequent DUI in the next ten years.

A third offense DUI can be punished with probation including a minimum jail term of 120 days, fines of more than $2,000.00, and mandatory attendance at a DUI program of 18 or 30 months. The DMV can also revoke a third offender’s driving privilege for 3 years and will require the installation of an ignition interlock device, IID, upon application for a restricted license.
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Jason Douglas Hopkins, 32, of Santa Rosa, was arrested on suspicion of DUI on Tuesday after driving into a ditch and flipping the PT Cruiser he was driving.

Mr. Hopkins sustained minor injuries in the crash and was treated at Santa Rosa Memorial Hospital. The hospital reported that suspected marijuana and/or hashish was found in his belongings.

In addition to suspicion of DUI, CHP officers arrested Mr Hopkins for driving with a suspended license and possession of concentrated cannabis.
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City of Fairfax police officers found 35 year old Henrik Carl Schmidt hiding in the attic of a home on Kent avenue on Wednesday morning. Police went to check on the home after receiving a call from a woman indicating that her keys and address information had been taken from her purse.

When the officers arrived at the home they found an open window on the second floor. They then contacted the home owner who confirmed that no one should be in the house and that she had closed all windows prior to leaving for work. Officers then entered the house and saw that it had been ransacked. After conducting a search they found Mr. Schmidt and a bag full of items in the attic.

Mr. Schmidt was arrested and taken to Marin General Hospital for asthma related treatment. His case report will now be turned over the the District Attorney and he is to appear in court for an arraignment on Thursday. Mr. Schmidt could be charged with 1st degree residential burglary in violation of Penal Code section 459/460. First degree burglary is a felony punishable by up to six year in the California Department of Corrections and Rehabilitation.
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On Friday October 30th police responded to a call that a Disc Jockey had gotten into a dispute with the owner of a restaurant where he was to perform in the City of Sonoma. Officers were informed that the DJ, 28-year-old Scott Woebcke of Sonoma, had poured a pitcher of beer on an expensive turntable at Emmy’s Spaghetti Shack on Broadway after getting into an argument with the proprietor.

When police responded they found Mr. Woebcke agitated and yelling in the street. They then got word that someone had entered Shiso restaurant on Broadway, damaged some property and attacked restaurant owner and chef Ed Metcalf as he tried to subdue the vandal. Police took Mr. Woebcke to both restaurants and he was identified as the suspect who soaked the turntable and committed battery on Mr. Metcalf.

Mr. Woebcke was arrested on suspicion of felony vandalism, battery and for being drunk in public. He was booked into the Sonoma County Jail. If convicted for the felony he faces the possibility of going to state prison, or being placed on probation with possible county jail time. In California battery and being drunk in public are both misdemeanors and carry potential jail sentences, fines and could result in court ordered alcohol or anger management classes.
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Early Friday morning, October 23, 2009, a San Francisco Police Officer contacted Antonio Dalballo after stopping him for a traffic violation in the Haight Ashbury neighborhood. When the officer approached Mr. Dalballo he smelled the order of an alcoholic beverage and began a DUI investigation.

When the officer ordered Mr. Dalballo to exit his vehicle he ignored the officer’s commands and began to reach for his ignition. When the officer reached for the car keys Mr. Dalballo grabbed the officer’s arm and took off speeding and colliding with several cars while dragging the officer.

The officer was eventually thrown to the ground and Mr. Dalballo was arrested a short time later. He was booked on suspicion of felony aggravated assault on an officer, felony drunken driving with injury, evading a police officer and marijuana possession.
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