Monday, July 16, 2012
Arrested at the 2012 San Diego Over the Line (OTL) Tournament?
Its that time of year again for the (2012) 59th Annual Over the Line (OTL) Tourney at Fiesta Island at Mission Bay in San Diego.
OTL is a form of softball on sand, limited to 1,200 teams of three persons each, playing almost 2,400 games in two weekends with 60,000 expected to attend. This is a great event where people go to enjoy the sun, scenery and cold drinks.
If you plan on attending this year in San Diego and also plan on consuming alcohol, please make sure that you are responsible. Police are out in full force and will not tolerate people acting out. Every year many people are arrested for public intoxication, assault and battery or DUI.
If you have had the unfortunate situation of being arrested during or following San Diego OTL tourney, contact San Diego Criminal Defense Lawyer Aaron T. Hicks for a free consultation at 619-940-5566 or aaron@athlaw.com or visit us at www.athlaw.com
Sunday, July 8, 2012
New www.athlaw.com site launched 7/6/12
We have changed our website and our new domain name is now www.athlaw.com. Please check out our new site and contact us for a free consultation if you or someone you know has been arrested in San Diego County.
- Law Offices of Aaron T. Hicks
aaron@athlaw.com
(619) 940-5566
www.athlaw.com
Monday, November 8, 2010
Possession of less than 1 oz of marijuana only punishable by $100 after 1/1/11
Have you been arrested in San Diego for possession of marijuana? Was the amount of marijuana less than one ounce?
Under a state law that takes effect Jan. 1, possession of less than an ounce of marijuana will be an infraction punishable by a $100 fine. Today it is a misdemeanor punishable by a $100 fine.
The new law does not go as far as Prop 19, which voters rejected Tuesday. That would have legalized possession of less than 1 ounce of marijuana for personal use by anyone 21 or older in California.
Under the law passed by the Legislature and signed by the governor, SB1449, possession of less than an ounce will no longer be a misdemeanor or go on a person's criminal record. Instead, it will be an infraction, similar to a speeding ticket. That has some people wondering whether the infraction will go on a person's driving record and affect insurance rates.
Possession of more than one ounce of marijuana will remain a criminal offense and can be charged as a misdemeanor or even a felony, potentially resulting in county jail or state prison. If you have been arrested for possession of marijuana in San Diego, contact the Law Offices of Aaron T. Hicks today for a free consultation at (619) 940-5566 or aaron@athlaw.com. You may have defenses in court to keep you out of jail.
Under a state law that takes effect Jan. 1, possession of less than an ounce of marijuana will be an infraction punishable by a $100 fine. Today it is a misdemeanor punishable by a $100 fine.
The new law does not go as far as Prop 19, which voters rejected Tuesday. That would have legalized possession of less than 1 ounce of marijuana for personal use by anyone 21 or older in California.
Under the law passed by the Legislature and signed by the governor, SB1449, possession of less than an ounce will no longer be a misdemeanor or go on a person's criminal record. Instead, it will be an infraction, similar to a speeding ticket. That has some people wondering whether the infraction will go on a person's driving record and affect insurance rates.
Possession of more than one ounce of marijuana will remain a criminal offense and can be charged as a misdemeanor or even a felony, potentially resulting in county jail or state prison. If you have been arrested for possession of marijuana in San Diego, contact the Law Offices of Aaron T. Hicks today for a free consultation at (619) 940-5566 or aaron@athlaw.com. You may have defenses in court to keep you out of jail.
Thursday, May 6, 2010
Nuñez’s son, cohort plead guilty in slaying
BY DANA LITTLEFIELD, UNION-TRIBUNE STAFF WRITER
Esteban Nunez (left), shown at a previous hearing, and an accomplice have pleaded guilty in the stabbing death of a man on the SDSU campus.
SAN DIEGO COURTS — The son of a former California Assembly speaker and another man pleaded guilty Wednesday to voluntary manslaughter stemming from a 2008 brawl on the San Diego State University campus that ended in the death of a 22-year-old college student.
Ryan Jett, 24, and Esteban Nuñez, 21 — son of former Assembly Speaker Fabian Nuñez — also pleaded guilty to two counts each of assault with a deadly weapon and admitted using a knife in the incident and causing great bodily injury.
San Diego Superior Court Judge Robert O’Neill ordered them held at the County Jail until a sentencing hearing scheduled for June 25, when they each could be sent to prison for up to 16 years. Both had previously been out on bail.
Jett and Nuñez are two of four defendants originally charged with murder and assault in the Oct. 4, 2008, stabbing that killed Mesa College student Luis Santos — also referred to in court as Luis Dos Santos. They entered their guilty pleas a day after jury selection began in their trial.
Co-defendants Rafael Garcia, 20, and Leshanor Thomas, 21, had already pleaded guilty to felony charges but have not been sentenced.
Garcia pleaded guilty Sept. 17 to conspiracy to destroy evidence. He faces a possible sentence of up to three years in prison.
Thomas pleaded guilty in February to assault with a deadly weapon and conspiracy to commit assault with a deadly weapon. He faces a possible sentence of up to four years and eight months in prison.
The victim’s parents, Fred and Kathy Santos of Concord, said in a phone interview Wednesday that they are glad the case is nearing an end. The loss of their son and the stress of the trial’s start have taken a toll on their close-knit family, particularly their daughter, now 25.
The parents said they would have preferred to see the defendants convicted of murder and sent to prison for life, but are relieved that they will not have to endure a lengthy appeals process.
“I think I can sleep at night without feeling regret,” Fred Santos said, adding that in this context there is no such thing as a fair outcome. “I want my son back,” he said.
Prosecutors have said the four men were on the SDSU campus and got angry when kicked out of a fraternity party. They went looking for a fight and challenged Santos and his friends on 55th Street near Peterson Gym. Santos was killed; three others were wounded.
After the fight, the men piled into a car and drove to Sacramento. Later, Nuñez, Garcia and Jett drove to the Sacramento River.
A witness said at a previous hearing that Nuñez put a plastic bag on the ground containing clothing and what looked like a knife. Jett doused the bag with gasoline and set it on fire, the witness said.
Defense attorneys have contended that their clients acted in self-defense and that others in the fight had knives. They noted that Jett was stabbed in his right leg.
A call to Fabian Nuñez’s home in Sacramento was answered Wednesday night by a person who identified herself as a family friend. She said Nuñez was not available for comment and that his family wants privacy.
Esteban Nunez (left), shown at a previous hearing, and an accomplice have pleaded guilty in the stabbing death of a man on the SDSU campus.
SAN DIEGO COURTS — The son of a former California Assembly speaker and another man pleaded guilty Wednesday to voluntary manslaughter stemming from a 2008 brawl on the San Diego State University campus that ended in the death of a 22-year-old college student.
Ryan Jett, 24, and Esteban Nuñez, 21 — son of former Assembly Speaker Fabian Nuñez — also pleaded guilty to two counts each of assault with a deadly weapon and admitted using a knife in the incident and causing great bodily injury.
San Diego Superior Court Judge Robert O’Neill ordered them held at the County Jail until a sentencing hearing scheduled for June 25, when they each could be sent to prison for up to 16 years. Both had previously been out on bail.
Jett and Nuñez are two of four defendants originally charged with murder and assault in the Oct. 4, 2008, stabbing that killed Mesa College student Luis Santos — also referred to in court as Luis Dos Santos. They entered their guilty pleas a day after jury selection began in their trial.
Co-defendants Rafael Garcia, 20, and Leshanor Thomas, 21, had already pleaded guilty to felony charges but have not been sentenced.
Garcia pleaded guilty Sept. 17 to conspiracy to destroy evidence. He faces a possible sentence of up to three years in prison.
Thomas pleaded guilty in February to assault with a deadly weapon and conspiracy to commit assault with a deadly weapon. He faces a possible sentence of up to four years and eight months in prison.
The victim’s parents, Fred and Kathy Santos of Concord, said in a phone interview Wednesday that they are glad the case is nearing an end. The loss of their son and the stress of the trial’s start have taken a toll on their close-knit family, particularly their daughter, now 25.
The parents said they would have preferred to see the defendants convicted of murder and sent to prison for life, but are relieved that they will not have to endure a lengthy appeals process.
“I think I can sleep at night without feeling regret,” Fred Santos said, adding that in this context there is no such thing as a fair outcome. “I want my son back,” he said.
Prosecutors have said the four men were on the SDSU campus and got angry when kicked out of a fraternity party. They went looking for a fight and challenged Santos and his friends on 55th Street near Peterson Gym. Santos was killed; three others were wounded.
After the fight, the men piled into a car and drove to Sacramento. Later, Nuñez, Garcia and Jett drove to the Sacramento River.
A witness said at a previous hearing that Nuñez put a plastic bag on the ground containing clothing and what looked like a knife. Jett doused the bag with gasoline and set it on fire, the witness said.
Defense attorneys have contended that their clients acted in self-defense and that others in the fight had knives. They noted that Jett was stabbed in his right leg.
A call to Fabian Nuñez’s home in Sacramento was answered Wednesday night by a person who identified herself as a family friend. She said Nuñez was not available for comment and that his family wants privacy.
Saturday, May 1, 2010
ATH Law Launches 5-1-2010
We are pleased to announce the opening of the Law Offices of Aaron T. Hicks on May 1, 2010. The main office is located at 110 W C Street, Suite 1300, San Diego, CA 92101 with offices conveniently located throughout San Diego County. The firm will concentrate primarily of DUI and Criminal Defense. We welcome any referrals and offer a free consultation. Feel free to contact us at aaron@athlaw.com or (619) 940-5566, or visit our website at www.athlaw.com, (site will be up on 5/7)
Wednesday, April 21, 2010
Poor Corey Dillon
Poor guy is having a bad month -- he was busted for DUI this morning, and TMZ has learned his wife just filed for divorce.
Desiree Dillon filed a petition for divorce earlier this month in L.A. County Superior Court, citing irreconcilable differences.
The couple has three children and have been married for 10 years. According to court documents, Desiree wants full legal and physical custody of the kids -- with Corey getting visitation.
In the filing, Desiree is asking the former New England Patriots star to fork over cash for spousal support and attorney's fees.
As for the DUI -- Corey was pulled over by L.A. County Sheriff's deputies at 3:38am today near Malibu on Mulholland Drive. He's still in custody.
UPDATE: Dillon was released from custody -- he's expected back in court in June.
As for why cops pulled Dillon over to begin with, officers claim they noticed a man in a red Chevy Camaro driving slowly behind them. When cops approached the car, they claim Dillon admitted to drinking earlier in the evening.
Read more: http://www.tmz.com/2010/04/21/corey-dillon-dui-arrest-malibu-new-england-patriots/#ixzz0lnFQglMR
Desiree Dillon filed a petition for divorce earlier this month in L.A. County Superior Court, citing irreconcilable differences.
The couple has three children and have been married for 10 years. According to court documents, Desiree wants full legal and physical custody of the kids -- with Corey getting visitation.
In the filing, Desiree is asking the former New England Patriots star to fork over cash for spousal support and attorney's fees.
As for the DUI -- Corey was pulled over by L.A. County Sheriff's deputies at 3:38am today near Malibu on Mulholland Drive. He's still in custody.
UPDATE: Dillon was released from custody -- he's expected back in court in June.
As for why cops pulled Dillon over to begin with, officers claim they noticed a man in a red Chevy Camaro driving slowly behind them. When cops approached the car, they claim Dillon admitted to drinking earlier in the evening.
Read more: http://www.tmz.com/2010/04/21/corey-dillon-dui-arrest-malibu-new-england-patriots/#ixzz0lnFQglMR
Wednesday, April 7, 2010
Family angry at DA's Office
Relatives of the Poway couple killed in their home on Easter Sunday by a neighbor blamed the District Attorney’s Office Tuesday for the deaths and read from a letter written by one of the victims that eerily predicted what was to come.
The neighbor, Robert Reed, had stabbed two members of the family in 2008, leading to criminal charges that prosecutors later dropped. About 6 p.m. Sunday, Reed shot to death Mitch Cunnyngham, 58, and his wife, Diane “Dee Dee” Cunnyngham, 56.
After the incident in 2008, Mitch Cunnyngham wrote to the lead prosecutor, Michael Zachry, “By doing this you have emboldened Mr. Reed.”
Cunnyngham said Reed had access to many weapons that were found in his home during a police search.
“What will now be the weapon of his choice?” he wrote. “The only weapon my family has is common sense, four video cameras, avoidance and fear ... What’s next? Who’s next? And what will be the result? You and the DA’s Office will carry this burden with you when it happens.”
Zachry did not return a call seeking comment. A spokesman for the District Attorney’s Office said a statement released Monday will be its only response: “Charges against Robert Reed were dismissed in 2008 after conflicting evidence came to light. ... It is our ethical duty as prosecutors to continually evaluate the strength of our cases and dismiss charges when appropriate.”
Reed, 59, was shot and killed by sheriff’s deputies as he pointed a shotgun at them. His death ended a feud with the Cunnynghams that had lasted more than a decade.
About a dozen relatives of the Cunnynghams’ gathered Tuesday outside the couple’s house on Olive Grove Place to speak to the news media.
“Two days ago, a man named Robert Clifford Reed took it upon himself to brutally terrorize and in cold blood mindlessly murder my parents,” said David Cunnyngham, one of Reed’s stabbing victims in 2008.
“The events leading up to this past weekend were the culmination of childish fistfights, meaningless exchanging of words, wasted court proceedings, and even more seriously, a stabbing incident in which I am convinced Mr. Reed was intent on ending my life.”
Cunnyngham said his parents were so concerned about Reed that they installed surveillance cameras outside their house. He said the county Sheriff’s Department now has the tapes, which he said show much of Reed’s assault and may include images of him returning to his house to get another gun after the first misfired.
Cunnyngham said he believes Reed would have killed his wife, Myrna, and their 8-year-old daughter, Gabriella, who were hiding in a bathroom when the shootings occurred in the family room. He said he doesn’t know what sparked the rage.
Reed was an ex-naval officer and longtime employee of General Atomics as a technical writer and editor. In 2008, he was charged with assault with a deadly weapon after he stabbed David Cunnyngham and his mother during an altercation. Reed was headed for trial when the District Attorney’s Office dropped the case.
“Was there nothing that the justice system could have done to punish this man for the prior incidents?” David Cunnyngham asked.
Don Cunnyngham, Mitch’s brother, said the family has hired a lawyer to consider suing the county.
Former District Attorney Paul Pfingst, who is now in private practice, said such a lawsuit would be very difficult to win.
“Prosecutorial and judicial immunity are two of the strongest immunities in civil law,” Pfingst said. “It’s designed to stop second-guessing in these types of situations. The prospects of success in such a suit are extremely remote.”
The neighbor, Robert Reed, had stabbed two members of the family in 2008, leading to criminal charges that prosecutors later dropped. About 6 p.m. Sunday, Reed shot to death Mitch Cunnyngham, 58, and his wife, Diane “Dee Dee” Cunnyngham, 56.
After the incident in 2008, Mitch Cunnyngham wrote to the lead prosecutor, Michael Zachry, “By doing this you have emboldened Mr. Reed.”
Cunnyngham said Reed had access to many weapons that were found in his home during a police search.
“What will now be the weapon of his choice?” he wrote. “The only weapon my family has is common sense, four video cameras, avoidance and fear ... What’s next? Who’s next? And what will be the result? You and the DA’s Office will carry this burden with you when it happens.”
Zachry did not return a call seeking comment. A spokesman for the District Attorney’s Office said a statement released Monday will be its only response: “Charges against Robert Reed were dismissed in 2008 after conflicting evidence came to light. ... It is our ethical duty as prosecutors to continually evaluate the strength of our cases and dismiss charges when appropriate.”
Reed, 59, was shot and killed by sheriff’s deputies as he pointed a shotgun at them. His death ended a feud with the Cunnynghams that had lasted more than a decade.
About a dozen relatives of the Cunnynghams’ gathered Tuesday outside the couple’s house on Olive Grove Place to speak to the news media.
“Two days ago, a man named Robert Clifford Reed took it upon himself to brutally terrorize and in cold blood mindlessly murder my parents,” said David Cunnyngham, one of Reed’s stabbing victims in 2008.
“The events leading up to this past weekend were the culmination of childish fistfights, meaningless exchanging of words, wasted court proceedings, and even more seriously, a stabbing incident in which I am convinced Mr. Reed was intent on ending my life.”
Cunnyngham said his parents were so concerned about Reed that they installed surveillance cameras outside their house. He said the county Sheriff’s Department now has the tapes, which he said show much of Reed’s assault and may include images of him returning to his house to get another gun after the first misfired.
Cunnyngham said he believes Reed would have killed his wife, Myrna, and their 8-year-old daughter, Gabriella, who were hiding in a bathroom when the shootings occurred in the family room. He said he doesn’t know what sparked the rage.
Reed was an ex-naval officer and longtime employee of General Atomics as a technical writer and editor. In 2008, he was charged with assault with a deadly weapon after he stabbed David Cunnyngham and his mother during an altercation. Reed was headed for trial when the District Attorney’s Office dropped the case.
“Was there nothing that the justice system could have done to punish this man for the prior incidents?” David Cunnyngham asked.
Don Cunnyngham, Mitch’s brother, said the family has hired a lawyer to consider suing the county.
Former District Attorney Paul Pfingst, who is now in private practice, said such a lawsuit would be very difficult to win.
“Prosecutorial and judicial immunity are two of the strongest immunities in civil law,” Pfingst said. “It’s designed to stop second-guessing in these types of situations. The prospects of success in such a suit are extremely remote.”
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