JD Journal » misdemeanors

Orange County Offers to Dimiss Misdemeanors for DNA

joshua — Thu, 24 Sep 2009 16:36:07 +0000

Orange County, California, has implemented a new program, offering to drop misdemeanor charges in exchange for a sample of your DNA and a $75 processing fee. Anyone accepting the deal walks out the same day without having to enter a plea. Obviously this is a one time offer – once the county has your DNA on file, its safe to assume future arrests will be subject to prosecution. The program has been running quietly since late last year and so far the county has collected DNA samples from over 4000 people.

Not surprising, the idea has come under attack both from civil libertarians, concerned about privacy rights, and law enforcement advocates worried about diminishing the ability of the police to enforce the laws. The LA Times has the full story here.

LA County DA Not Immune to Retaliation Claim

Erik Even — Fri, 16 Jan 2009 19:03:13 +0000

The 9th US Circuit Court of Appeals has ruled that Los Angeles County District Attorney Steve Cooley is not entitled to qualified immunity from a retaliation claim filed by a deputy DA who spoke publicly about problems tied to an investigation of a failed $200 million school construction project.

David Eng served on a task force to investigate fraud and environmental crimes associated with construction of the Los Angeles Unified School District’s Belmont Learning Complex, which was halted in 1999. He was demoted and falsely charged with a misdemeanor relating to the misuse of office computers after concluding, as part of the task force, that no crimes had been committed. Cooley was elected in 2000 on a campaign to prosecute individuals tied to the Belmont project.

The 9th Circuit found that Eng was within his First Amendment rights when he blew the whistle on a task force colleague who had leaked to the IRS that the school district had committed fraud when purchasing the Belmont facility. The panel also found that a lawyer Eng hired to defend him against the misdemeanor charges, Mark Geragos, was within his First Amendment rights to speak about the retaliation against Eng in a 2003 Los Angeles Times article.

The panel held that “the full range of adverse employment action appears to have been a politically-motivated effort to silence Eng, who stood to embarrass Cooley by undermining a central plank in his campaign platform.”

Pedophile Lawyer Suspended for 3 Years

Erik Even — Wed, 31 Dec 2008 19:24:56 +0000

An associate who was fired from Kirkland & Ellis in 2004, after admitting he attempted to arrange a meeting “to engage in an oral sexual act” with what he thought was a 13-year-old girl, has been suspended from practicing law in New York for three years.

In a rare 3-2 decision, a five-judge panel of the New York Appellate Division, 1st Department, agreed that Steven J. Lever “brought shame to himself and to this State’s Bar” by using the Internet “to prey on minors for purposes of sexual gratification.” They ruled the conduct required “a significant sanction.”

But without a clear New York precedent, the judges could not agree on the appropriate punishment.

The majority, looking at similar cases from other states, cited the “substantial and credible mitigation evidence” in confirming a hearing panel’s recommended three-year suspension.

From the beginning, respondent has admitted responsibility for his actions and has taken ‘uncommon’ efforts to rehabilitate himself. After his arrest, he voluntarily entered sex offender treatment and all evidence in the record supports the therapist’s opinions that such therapy appears to be working and that the likelihood of respondent repeating the misconduct was ‘low.’

In a vehement dissent, two justices argued for disbarment:

Because I believe that a convicted and registered sex offender has forfeited the privilege of admission to the bar and the elevated status of the officer of the court, I must respectfully take the unusual step in a disciplinary proceeding and dissent. I believe that any penalty short of disbarment would not comport with the standards to which a member of the bar should adhere. I do not believe that we can reconcile the status of registered sex offender with that of a member of the bar in good standing.

Lever, who was a patents & intellectual property associate at Kirkland & Ellis, graduated from the University of Pennsylvania Law School in 1999 and was admitted to the New York bar in 2000.

In July 2004, using his law firm computer, Lever logged onto a chat room for “older men and younger women.” He consequently exchanged sexual emails and phone calls with a “13-year-old female” who turned out to be a police officer. He attempted to meet the “girl” in October 2004.

In November 2005, Lever pleaded guilty to the single misdemeanor charge and was sentenced to six years’ probation and certified as a level-one sexual offender.

Via The New York Law Journal.