Closing Out 2013

To all of our friends, colleagues, clients and family, SEASONS GREETINGS AND HAPPY NEW YEAR! May all your wishes come true in 2014! As for us, 2013 was full of changes, accomplishments, memories, and victories here at our firm, both big and small.

The year began with some great victories, highlighted by a 2-week DUI trial at the Metro Courthouse. Our client's medical license was on the line. The jury hung 6-6 and we were ultimately successful at getting the court to dismiss the entire case, despite the prosecutor's desire to have a 2nd trial.

Throughout 2013, our firm achieved countless great results for clients, including the dismissal of domestic violence charges, drug charges, and federal bank fraud charges. We also obtained a finding of factual innocence for our client charged with cocaine possession. These motions are hard to come by so it was an absolute thrill availing our client to this kind of remedy, via the Clean Slate Project. 

In the summer, we tried a multi-count sex case where our client was accused of aggravated sexual battery. After a one week trial at the Alhambra Courthouse, we were able to secure a hung jury. The jury hung 7-5 in favor of NOT GUILTY. The court ultimately granted our motion to dismiss and we were able to prevent our client from being convicted of a sex offense. While 2 of our cases went to verdict, we also had over 5 cases dismissed at trial, prior to jury selection in 2013!

Throughout the year, along with our diverse caseload, Mr. Sterling participated in other projects while also giving back to his community. Our firm was featured in the November issue of Ventura Blvd. Magazine where the office was profiled as one of the San Fernando Valley's preeminent professional advisors. Mr. Sterling was approached in 2013 to participate in a legal documentary featuring criminal defense attorneys in Los Angeles. Footage was shot at our office and the project remains in development and is being produced by the people that brought you "Selling LA" and "Selling New York."

One of the most fulfilling events we were apart of was being a sponsor and donating to "Memo's Silent Auction." Many of you may have heard about the murder of Guillermo "Memo" Perez in Venice back in November. He was a line cook at Mercedes Grille in Marina del Rey and he left behind a wife and young baby. A truly tragic situation yet it was so uplifting to see how many local business owners, artists, and neighbors responded by offering their support.

We were joined this year by associate Maxwell Wright, our jack-of-all-trades, who managed his own misdemeanor and felony caseload while propounding extensive discovery for one our office's civil rights cases. Max obtained countless great results while honing his skill as a criminal trial lawyer. So well in fact that we lost him to the Los Angeles County Public Defender's Office in May! He was a huge asset and will no doubt bring compassionate and aggressive advocacy to his clients in the public sector.

2013 was the year of new relationships. We formed new alliances and have developed long-lasting relationships with not only legal professionals and other attorneys, but with treatment centers, addiction specialists, and counselors. It is amazing what they have done for our clients who suffer from addiction related illnesses. We have seen true success stories in this area.

Lastly, we closed out the year by expanding and moving our offices to two exciting new locations in Encino and Beverly Hills. We take tremendous pride in the work that we do, so thank you for taking the time. We can't wait to share some of the things we're working on for 2014 - be sure to check back or you can find us on Facebook or CLICK HERE. From our family to yours - Happy Holidays!

Named Valley's Trusted Advisor

JUSTIN E. STERLING, MANAGING ATTORNEY/FOUNDER

LAW OFFICES OF JUSTIN E. STERLING

WRITTEN BY LAURA WATTS PHOTOGRAPHED BY REMY HAYNES AND CATHRYN FARNSWORTH

16501 Ventura Blvd., Suite 400 in Encino
sterlingdefense.com
Justin@sterlingdefense.com

The Law Offices of Justin E. Sterling is a top-rated law firm committed to the exclusive practice of criminal law. After years of trial work in the public sector, Justin founded his own law firm in 2011. He brings high-end, aggressive criminal representation to those facing prosecution by state and federal authorities. Justin is an accomplished criminal trial lawyer who represents individuals and businesses facing the full range of felony and misdemeanor charges. Known for offering his clients exclusive white glove treatment while navigating them through the legal process, Justin’s expertise is highlighted by his more than 60 jury trials conducted in courts throughout California.

What’s most rewarding about your work?

“Criminal defense attorneys are in a unique position to change lives through the practice of law. Whether it’s advocating for rehabilitation and treatment for a drug addicted or mentally ill client or simply being a positive force for somebody who has never faced the criminal justice system … at the end of the day, we are in a helping profession—and there is a great deal of satisfaction in that.”

"IT DOESN’T FEEL LIKE WORK TO ME, BECAUSE I AM DOING WHAT
I LOVE TO DO.”

What is your area of specialty?

“I only practice criminal defense. Under the umbrella of that specialization, I represent people who have been accused of every conceivable crime, whether it’s DUI, domestic violence, drug offenses, business-related white-collar crime, or even murder.”

Who is your typical client?

“My clients really come from all walks of life—a college student who has been arrested for a first-time DUI; an individual who has been in and out of the system and is facing life in prison; working professionals who find themselves in unfortunate circumstances; high-profile clients from the entertainment and sports industry or business world. The only thing that is typical is that, at their core, most of my clients are good people who have made a mistake.”

What is the biggest benefit that your clients gain from working with you?

“My experience and local knowledge. The fact that I am in court every day and have tried more cases than most lawyers twice my age, I think, is pretty uncommon. But it’s a quality that undeniably gives my clients an advantage. I am proud to be a native Angeleno, and my clients benefit from that fact due to the relationships that I have formed in and out of the courtroom. When you combine these relationships with hard work and the skill-set necessary to be an effective and aggressive trial lawyer, my clients have the advantage over someone who is virtually unknown and lacks any real depth of criminal trial experience.”

What skills are most necessary to be successful in your field?

“Compassion. To remain a powerful advocate in court, you must have compassion and empathy for your client, understanding what has brought them to this point. Aside from that, a genuine love for what you do. This type of work often requires taking on the unpopular client or an unpopular case—perhaps a client who has been accused of an atrocious crime. At the end of the day, defense work is not for everyone, and to be effective at what you do at the highest level really requires you to have a passion for it. It doesn’t feel like work to me because I am doing what I love to do.”

Tell us about your new location.

“When I launched my practice in 2011, I opened my office in Century City. However I always envisioned being in the Valley—I am from here and live in Studio City. I’m raising my family just minutes from where I grew up, and my parents live down the road. For me, it’s full circle. While my cases still take me all over Los Angeles and the surrounding counties—and to even other parts of the state—we’re thrilled about our new office location in the heart of Encino’s business center on Ventura Boulevard. I still maintain a presence ‘over the hill’ with a smaller office in Beverly Hills; however, Encino is our new permanent home. I am hopeful it will be the nucleus of our law firm for a long time to come.”

Sheriff’s Deputies Charged with Assault

The Santa Barbara District Attorney’s Office has filed felony charges against two Sheriff's custody deputies for unnecessary use of force. According to the legal filing, the formal charge is “assault by public officers.” It stems from a June 17 incident in which the deputies, Robert Kirsch and Christopher Johnson, allegedly “assaulted and beat” an inmate named Charles Alonzo Owens at the Santa Barbara County Jail.

According to a press release issued by the Sheriff’s Office, the incident was brought to light by the Public Defender in a June 18 complaint. At that point, the Sheriff’s Office investigated and passed on its findings to the DA. Sheriff Bill Brown said in a statement, “The behavior alleged in the criminal complaint is contrary to the high standards of the Santa Barbara County Sheriff’s Office. I am saddened by these allegations that do not reflect the conduct and actions of the vast majority of the hundreds of men and women of the Sheriff’s Office, who dedicate their lives to protecting and serving others.”

The deputies have been placed on administrative leave. Arraignment is scheduled for August 30 and will be prosecuted by Deputy District Attorney Anthony Davis.

The Law Offices of Justin E. Sterling currently represents 4 separate plaintiffs in state and federal court for claims of excessive force and police brutality. These claims stem from criminal allegations where our office represented the plaintiffs in criminal court. All cases resulted in the dismissal of the criminal allegations. If you or a loved one have been the target of misconduct by the police, contact our office today - CLICK HERE.

U.S. Reviewing 27 Death Penalty Convictions For FBI Forensic Testimony Errors

An unprecedented federal review of old criminal cases has uncovered as many as 27 death penalty convictions in which FBI forensic experts may have mistakenly linked defendants to crimes with exaggerated scientific testimony, U.S. officials said.

FBI officials discussed the review’s scope as they prepare to disclose its first results later this summer. The death row cases are among the first 120 convictions identified as potentially problematic among more than 21,700 FBI Laboratory files being examined. The review was announced last July by the FBI and the Justice Department, in consultation with the Innocence Project and the National Association of Criminal Defense Lawyers (NACDL).

The unusual collaboration came after The Washington Post reported last year that authorities had known for years that flawed forensic work by FBI hair examiners may have led to convictions of potentially innocent people, but officials had not aggressively investigated problems or notified defendants.

At issue is a once-widespread practice by which some FBI experts exaggerated the significance of “matches” drawn from microscopic analysis of hair found at crime scenes.

Since at least the 1970s, written FBI Laboratory reports typically stated that a hair association could not be used as positive identification. However, on the witness stand, several agents for years went beyond the science and testified that their hair analysis was a near-certain match. The new review listed examples of scientifically invalid testimony, including claiming to associate a hair with a single person “to the exclusion of all others,” or to state or suggest a probability for such a match from past casework. Whatever the findings of the review, the initiative is pushing state and local labs to take similar measures.

Separately, FBI officials said their intention is to review and disclose problems in capital cases even after a defendant has been executed.

Fruitvale Station

Winner of both the Grand Jury Prize for dramatic feature and the Audience Award for U.S. dramatic film at the 2013 Sundance Film Festival, director Ryan Coogler's FRUITVALE STATION follows the true story of Oscar Grant (Michael B. Jordan), a 22-year-old Bay Area resident who wakes up on the morning of December 31, 2008 and feels something in the air. Not sure what it is, he takes it as a sign to get a head start on his resolutions: being better son to his mother (Octavia Spencer), whose birthday falls on New Year's Eve, being a better partner to his girlfriend Sophina (Melonie Diaz), who he hasn't been completely honest with as of late, and being a better father to Tatiana (Ariana Neal), their beautiful four year-old daughter. 

Crossing paths with friends, family and strangers, Oscar starts out well, as the day goes on, he realizes that changes are not going to come easily. His resolve takes a tragic turn, however, when BART officers shoot him in cold blood at the Fruitvale subway stop on New Year's Day. Oscar's life and tragic death would shake the Bay Area - and the entire nation - to its very core.

Fruitvale Station is set to open in NEW cities across the country this week including Houston, Atlanta, and Chicago! Fruitvale Station opened in select theaters in NYC, LA, and Bay Area this past week. In theaters NATIONWIDE July 26.

Reclusive Death Penalty Lawyer Opens Up About Her Work

Judy Clarke is in the business of cheating death, but she rarely talks about it. Clarke, one of the nation's top lawyers and defender of the despised, broke her silence this Friday in a speech at a legal conference, where she spoke about her work saving notorious criminal defendants from execution.

The names of her past clients - Susan Smith, Unabomber Theodore Kaczynski and most recently, Tucson shooter Jared Loughner - run like a list of the most reviled in American criminal history. But she did not say whether she would add to that list the latest name in the news: The suspect in the Boston Marathon bombing.

Clarke was reticent throughout her keynote speech and declined to take questions from the audience. Instead, she talked about how she had been "sucked into the black hole, the vortex" of death penalty cases 18 years ago when she represented Smith, who drowned her two children.

"I got a dose of understanding human behavior and I learned what the death penalty does to us," she said. "I don't think it's a secret that I oppose the death penalty. "

She saved Smith's life and later would do the same for Kaczynski, Loughner and the Atlanta Olympics bomber Eric Rudolph. All received life sentences instead of death. Before an audience of lawyers, judges and law students at Loyola Law School's annual Fidler Institute, Clarke shared her approach in handling death penalty cases.

"The first clear way death cases are different is the clients," said Clarke, now a visiting professor at Washington and Lee University School of Law in Virginia. "Most have suffered from serious severe trauma, unbelievable trauma. We know that from brain research. Many suffer from severe cognitive development issues that affect the core of their being."

Connecting with the client by finding out "what brought them to this day that will define the rest of their lives" is the first step, she said. In most cases, she said she finds underlying mental illness. Kaczynski was ultimately diagnosed as schizophrenic and, on the eve of seating a jury, he agreed to plead guilty.

Clarke said a veteran lawyer once told her: "The first step to losing a capital case is picking a jury. "Our clients are different," she said. "We should enjoy the opportunity to step into their lives. It can be chaotic. But it's a privilege to be there as a lawyer."           

Copyright 2013 The_Associated_Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Read more here: http://www.thestate.com/2013/04/26/2744203/reclusive-death-penalty-lawyer.html#storylink=cpy

San Diego City Council Debates New Medical Marijuana Ordinance

The San Diego medical marijuana community is holding its collective breath as the city considers legal changes that would pave the way for dispensaries and lead to a revival of the local MMJ industry, which has been decimated in the past two years.

On Monday, the San Diego City Council will hear an ordinance put forth by Mayor Bob Filner that would allow dispensaries to operate in specific commercial and industrial areas. If the measure passes, dozens of dispensaries would likely open this year, and the city could eventually have 100 or more MMJ centers according to some estimates. That would create additional business opportunities for support companies and professionals, including lawyers, consultants, landlords, electricians and cultivation equipment suppliers.

Annual marijuana sales could hit $50 million once all dispensaries are up and running, according to MMJ Business Daily’s estimates, adding roughly $1 million to the city’s coffers. But the measure faces some opposition, and whether it will pass is anyone’s guess at this point.

Here are the key business-related highlights of the ordinance:

- Medical marijuana centers would have to meet a host of requirements tied to everything from security to signage.

-Dispensaries would have to fork over $5,000 each year in permit fees and pay a 2% annual excise tax on medical marijuana transactions.

-Centers would need to operate as nonprofits, meaning they could only accept “donations” from medical marijuana patients who have valid state-issued MMJ identification cards and also have submitted their doctor recommendations for cannabis to the California Department of Public Health’s central registry.

-Dispensaries would have to set up shop at least 600 feet away from schools, parks and childcare facilities and 1,000 feet from another MMJ center.

The move to change San Diego’s medical marijuana laws comes after a turbulent period that saw hundreds of dispensaries open rapidly several years ago and then close just as quickly after the city began a crackdown in 2011.

The Law Offices of Justin E. Sterling provides representation and advice to those seeking the protection of the Compassionate Use Act under the provisions of California's Proposition 215. We are educated on the many scientifically proven medicinal benefits of marijuana. Unfortunately, possession, sale, distribution, and transportation of marijuana remain illegal under federal law. In addition, judicial interpretations of state law continue to establish challenging obstacles for those desiring to operate legally.

We here, at the Law Offices of Justin E. Sterling, recognize that service providers operating under laws that decriminalize the use of marijuana require help getting through the maze of compliance issues. As such, we provide reliable compliance advice and assist our clients in navigating this constantly evolving area of the law. Our clients include medical marijuana collectives, dispensaries, and primary caregivers.

NOLA Visit

An L.A. Judge Starting The Process Of Reconsidering Prison Terms Of More Than 1,000 Offenders Of California's Three-Strikes Law Reduces The Sentences For 5 Inmates

A Los Angeles County judge responsible for reconsidering the life prison terms of more than 1,000 offenders sentenced under the state's three-strikes law began the process Monday at a hearing where he reduced the punishments for five inmates convicted of relatively minor crimes.

Among those given shorter sentences was a 74-year-old who has served more than 15 years for possessing $10 worth of drugs and an 81-year-old behind bars for more than 17 years for stealing dozens of packs of cigarettes.

The hearing came three months after voters overwhelmingly approved Proposition 36, which softened California's tough three-strikes law and allowed many inmates sentenced for non-serious and nonviolent offenses to ask for shorter prison terms. In Los Angeles County, the hearings are expected to continue through at least much of this year.

Prosecutors who had reviewed the prison records and criminal histories of the five inmates argued that they were suitable for release and that none posed an "unreasonable risk of danger to public safety." Under the new law, judges must reduce the sentences for eligible inmates unless doing so would endanger the public.

Deputy Dist. Atty. Beth Widmark, however, argued that the inmates should nevertheless be placed under the supervision of probation officers after they are released. Since the men have already served longer terms than their new sentences, they will be released from prison in the next week or so. Widmark cited the inmates' lengthy criminal histories and noted that they had each spent more than a decade behind bars.

Judge William C. Ryan acknowledged that such supervision would probably enhance public safety. But he said he could not legally place the offenders on supervision because they had already served well beyond their new terms and any period of supervision that would normally have followed their prison stint.

Widmark expressed concern about one inmate in particular. Randall Martinez's third strike, she noted, was for stealing four locks worth less than $70 from a hardware store in 1999. But the prosecutor also recited a long list of his prison violations for drug use, including possession of cocaine, heroin, marijuana and methamphetamine. Last year, she said, Martinez was caught with a syringe.

"Does he need supervision? Absolutely," Widmark said.

"I don't disagree with you," the judge responded.

Throughout California, about 2,800 prisoners are eligible to ask for reduced sentences, with an estimated 1,050 from Los Angeles County.

Mike Reynolds, whose daughter's 1992 murder led him to spearhead the creation of the three-strikes law, decried the release of resentenced prisoners without supervision.

"No one is following what they're going to be doing," he said. "I see it as a very dangerous precedent."

Michael Romano, who helped write the proposition and runs a Stanford Law School project that represents inmates convicted of minor third strikes, said state Department of Corrections and Rehabilitation data show that inmates eligible for resentencing are less likely to re-offend than the vast majority of other prisoners. Romano said the success of such inmates will depend on whether counties can provide them the drug treatment, housing and job training resources they need following release.

Unlike some counties where many courts handle such hearings, Los Angeles County has assigned a single judge — Ryan — to determine all of the re-sentencing requests, partly in an effort to ensure that the decisions are consistent.

Ryan's court has been deluged with more than 1,000 requests, with the first arriving a day before the Nov. 6 vote. On a recent day, in the office of a court research attorney who reviews the cases before they get to Ryan, thick stacks of court files and requests covered the carpet. More than 300 of the requests were filed by inmates, the rest by attorneys.

"They came in like a hurricane," Ryan said in a recent interview. "I am taking everything, even if it's in crayon, as long as it has the right information."

Ryan said he wanted a careful vetting of any potentially dangerous inmates before deciding whether they should be resentenced. Prosecutors, he noted, have been reviewing the prison records of those who are asking to be resentenced to determine whether they were violent behind bars.

The Law Offices of Justin E. Sterling provides trusted and experienced representation to individuals facing potential third-strike consequences. Recently, our practice obtained an outright dismissal for a client who was facing life in prison under California's Three Strikes Law. Click here and take a look for yourself.

A Step Forward For Jobseekers With Criminal Records

The mass incarceration of minority communities, and the resulting mass reentry and lifetime collateral consequences, have created the “perfect storm” to ensure that criminal record-based employment discrimination serves as a surrogate for race-based discrimination. Jobseekers with criminal records are often at the “back of the line.” In the current economy, that line has grown considerably.

But in a recent 4-1 bipartisan vote, the U.S. Equal Employment Opportunity Commission (EEOC) showed tremendous leadership and courage by issuing a revised guidance encouraging the hiring of individuals with records by clarifying the application of Title VII to criminal records. This decision gives jobseekers with criminal records a renewed opportunity to successfully enter the labor market.

But the by-product of mass incarceration—mass reentry—means that this year alone 700,000 people will return to their communities from prison.

Millions more will cycle through our courts and jails or be placed under some other form of correctional supervision. More than half of these men and women come from and return to impoverished communities that are under resourced and ill-equipped to respond to the large number of returning citizens.

On their return to the community, these individuals are expected to find and maintain gainful employment. And, let there be no mistake, those that can work want to work.

However, over the past few decades, state and local legislatures have promulgated a wide array of laws and policies that make it increasingly difficult for people with criminal records to enter the labor market successfully— even for those who have fully paid their debt to society and have demonstrated that they are not a threat and are capable of becoming productive, tax-paying citizens.

Legal restrictions, occupational bars, inadvertent and deliberate employment discrimination practices, and the cultural stigma associated with having a criminal record have prevented many of these people – especially those who come from economically distressed communities of color – from obtaining employment and other necessities of life.

In addition, researchers from around the country confirm that the majority of private- sector employers have little or no interest in hiring people with criminal records, especially those recently released from state and federal correctional facilities.

When many individuals inevitably fail to reintegrate and are re-incarcerated, they are not the only ones who suffer. So do their families, communities and indeed the entire country; valuable lives are wasted, the public is less safe, and justice is diminished. Finding effective ways to manage their reentry into society and the workforce is critical to promoting public safety and curbing recidivism rates and the high costs of re-incarceration.

The new guidance supersedes the original version issued in 1987, and reminds employers that criminal record policies have a disparate impact based on race and national origin. According to the new guidelines, employers must consider the age and seriousness of the offense, and its relevance to the job the applicant is applying for. Employers must also now conduct individualized assessments when screening applicants with criminal records.

This new provision will offer qualified jobseekers a chance to explain their involvement with the criminal justice system, in addition to providing them an opportunity to share evidence of rehabilitation. This will help to level the playing field and offer jobseekers with criminal records a chance to compete on the merits, once their criminal record is taken into account.

Surprisingly, the new guidance also encourages employers to consider recent research on “desistance,” when designing their human resource policies. This is an especially important provision, since most employers rely on often ill-informed and misguided notions about risk and recidivism.

The EEOC's action is a welcome step forward.

A Finding of Factual Innocence

High unemployment rates and a faltering economy tend to make workers with arrest records nervous: That kind of a blot can only make job hunting more difficult. California has a variety of statutory remedies, such as Penal Code sections 530.6 (factual innocence for victims of identity theft), 851.90 (sealing records after a defendant completes a drug diversion program), and 1203.4 (withdrawing a plea after probation is completed). But the broadest protection comes from Penal Code section 851.8, which provides for a petition for factual innocence ("PFI"). The court can grant a PFI for any arrest that did not result in a conviction. (See Cal. Penal Code § 851.8.)

A judge who grants a PFI will order that all arrest and prosecution records be sealed. This seal holds until three years from the date of the arrest, at which time all the related records will be destroyed, including the petition itself, the PFI order, arrest records, state Department of Justice records, and those of any other agency that received information of the arrest (for example, the local police department). Put succinctly, an order granting a PFI wipes the slate clean.

A successful PFI is a godsend to someone who has been wrongfully arrested. And for anyone who may have been properly apprehended but was later acquitted of the charges, a PFI provides something the jury's verdict cannot: a finding of factual innocence - Remember that when a jury acquits someone, it simply means that the prosecution did not meet the burden of proof for guilt; it does not necessarily mean the defendant didn't commit the crime.

In 2012, the Law Offices of Justin E. Sterling launched the Clean Slate Project. The Clean Slate Project extends legal advocacy beyond an arrest or disposition by the court so that clients can avail themselves of opportunities to “clean up” their criminal records.

“Gideon’s Army”: Young Public Defenders Brave Staggering Caseloads, Low Pay to Represent the Poor

Not since PBS's "Presumed Guilty" (which I had the honor of being a part of) has there been a true and raw documentary depicting the work of a public defender.

The new documentary “Gideon’s Army” follows a group of young public defenders in the Deep South who contend with low pay, long hours and staggering caseloads to represent the poor. The film’s title comes from the landmark 1963 Supreme Court ruling in Gideon v. Wainwright that established the right to counsel to defendants in criminal cases who are unable to afford their own attorneys. “Gideon’s Army” director and producer Dawn Porter, and Travis Williams, a Georgia public defender are featured in the film.

The feature documentary premiered at the 2013 Sundance Film Festival and will broadcast later this year on HBO.