Schwartz & Powell

Articles tagged "Steven D. Powell"

Schwartz & Powell Sexual Assault Defense

by Steven D. Powell Attorney at Law

Robert I. Schwartz and Steven D. Powell of Schwartz & Powell are two of the best Ventura County Criminal Defense Lawyers. We also represent clients in Orange, Los Angeles and Santa Barbara Counties, in the federal courts and out of state

Holiday DUI Arrest: Call Schwartz & Powell Immediately

by Steven D. Powell Attorney at Law

Beginning December 14th, 2012, there was a countywide crackdown on DUI drivers in Ventura County. 106 drivers were arrested so far during the winter holiday as law enforcement set up checkpoints in the county and many others on the highways. During the holidays especially the police are looking for any sign of drug or alcohol impairment in drivers.

Intent Matters: Not Guilty Murder In The First Degree

by Steven D. Powell Attorney at Law

Schwartz & Powell, the most experienced and accomplished homicide or murder criminal defense lawyers in Ventura County, have done it again.

Robert I. "Bobby" Schwartz's client was found not guilty of murder in the first degree when so charged along with a gang special allegation. His client was facing life in prison without possibility of parole.

VPD Arrests Four at DUI Checkpoint: Friday Night In Jail

by Steven D. Powell Attorney at Law

DUI defense requires knowledge and training your ordinary family lawyer may not have. For example, the validity of BAC tests is not necessarily shown by the results shown on breath testing devices. These individuals need the services of the best Ventura criminal defense lawyer they can find.

Architects of CA Death Penalty Say No To DP: Yes to Prop 34

by Steven D. Powell Attorney at Law

California’s death penalty will be abolished by a Yes vote on Proposition 34 in November. Proposition 34 imposes life without parole for first degree murder. Those urging the abolition of the death penalty include social progressives but a growing number of fiscal conservatives joined the fight against the death penalty in favor of Proposition 34.

PLEA BARGAINING: A GREAT DEAL FOR WHOM?

by Steven D. Powell Attorney at Law

The dirty little truth about plea bargaining is this: innocent people plead guilty to charges for which they are not actually guilty so as to avoid the risk of greater sentences should they be convicted at trial. People’s risk tolerance can trigger a surrender syndrome causing them to plead guilty merely to get out of jail in a reasonable time.

Time To Decriminalize Carrying Concealed Weapons In California?

by Steven D. Powell Attorney at Law

It might be time to reconsider "decriminalizing" carrying concealed weapons in Ventura County and throughout California. Many other states, such as Arizona, have far more liberal gun laws than California.

At the present time, it is a crime to carry a concealed weapon, for example, a handgun. Only Peace Officers, military on base when required and those who have a Carrying Concealed Weapon or "CCW" Permit may do so. And those permits are few and far between (although not impossible to get for really good reasons).

The Death Penalty- A Ventura Criminal Defense Lawyer's Thoughts

by Steven D. Powell Attorney at Law

Any Ventura County criminal defense lawyer knows it costs a fortune to prosecute death penalty cases. I knew this when I was a Deputy District Attorney for Ventura County prosecuting capital murder. Nothing defending death penalty cases has changed my mind.

What I would like you to think about today is the cost of the death penalty system in California. It costs a lot of money the State can't afford.

A VENTURA LAWYER’S THOUGHTS ON INDEPENDENCE DAY

by Steven D. Powell Attorney at Law

On July 4, 1776, the Second Continental Congress issued its unanimous Declaration of the thirteen United States of America. This document is a revolutionary manifesto declaring the causes impelling the colonists—our forefathers and foremothers—to wage a bloody revolution against England on American soil.

This was the birth of American democracy.

PLEA BARGAINING: REPRESENTATION RIGHTS

by Steven D. Powell Attorney at Law

Ventura County criminal defense lawyers with any substantial experience realize, when the proof is there, a defendant should know about and consider plea bargaining. Not every criminal charge should go to trial.

Keep Your Eyes On The Road, Your Hands Upon The Wheel

by Steven D. Powell Attorney at Law

Jim Morrison of the Doors would be the last person in the world to teach Driver Safety Classes but for all his issues his lyric perfectly states what a driver’s duty is--pay attention.

Inattentive driving will have you talking to a Ventura County criminal defense lawyer faster than you can say “reckless driving …driving under the influence . .. vehicular manslaughter or murder.”

Vacation Not Incarceration: Alcohol Fueled Crimes

by Steven D. Powell Attorney at Law

Spring is here and summer nears. We should all have a lot of fun at the beaches, lakes, mountains and deserts near Ventura. But be careful. Drunkenly and recklessly causing any injury of significance could easily elevate too much sun and wine into a prison case. California criminal law is full of pitfalls for the unwary.

Vacation Not Incarceration: Alcohol Fueled Crimes

by Steven D. Powell Attorney at Law

Spring is here and summer nears. We should all have a lot of fun at the beaches, lakes, mountains and deserts near Ventura. But be careful. Drunkenly and recklessly causing any injury of significance could easily elevate too much sun and wine into a prison case. California criminal law is full of pitfalls for the unwary.

Fourth Amendment Stripped Naked

by Steven D. Powell Attorney at Law

The Fourth Amendment to the United States Constitution used to prohibit unreasonable search and seizures. The present United States Supreme Court seems not to understand this fundamental principle of constitutional and procedural criminal law.

Ventura White Collar Crime and Fraud: What Was I Thinking?

by Steven D. Powell Attorney at Law

Schwartz & Powell defends many Ventura fraud criminal cases because of our long and successful history as Ventura’s preeminent criminal defense lawyers. But we also represent defendants and plaintiffs in civil cases for money damages arising from allegations of fraud and sharp dealing.

Misdemeanor Vehicular Manslaughter: " Infracticide"

by Steven D. Powell Attorney at Law

Almost if not all licensed drivers in the State of California and Ventura have committed a variety of minor Vehicle Code infractions. These violations range from illegal lane changes, speeding a few miles over the speed limit, rolling through a stop sign in the fabled “California stop,” to violations such as failure to yield, passing unlawfully and a big fine violation of blocking an intersection while making a left hand turn. Ordinarily, if one is guilty of these offenses, one pays a fine and suffers a few points added to his or her license for DMV purposes. There is no probation, jail or criminal fine above that for the ticket itself. These offenses are infractions of interest to DMV, your insurer, your employer if you drive as part of your job.

Ventura DUI Defense Lawyers Face Special Prosecution Team

by Steven D. Powell Attorney at Law

Ventura DUI defense lawyers at Schwartz & Powell and throughout the county now face a new special prosecution unit within the DA’s Office. The State of California recently approved a special DUI grant to the DA’s office of slightly under $400,000.00 to fund two drunk driving prosecutors, support staff and ancillary costs, such as training and other support.

U.S. Supreme Court : No GPS Tracking Without Warrant

by Steven D. Powell Attorney at Law

The United States Supreme Court recently said warrantless GPS tracking of a cocaine dealer is a violation of the Fourth Amendment’s prohibition against unreasonable search and seizure. They reversed his conviction because in this drug case the motion to suppress evidence properly should have been granted. The evidence was obtained through secretly tracking the dealer with a GPS device law enforcement planted under the dealer’s automobile. The court in U.S. v. Jones decided 9-0 that GPS tracking requires a warrant.

Eyewitness ID: Who’s on First, So Who’s on Second?

by Steven D. Powell Attorney at Law

The old Abbot and Costello “Who’s on First . . .” comedy bit is a riot. Regrettably it is all too true for Ventura criminal defense lawyers who must fight wrongful identification testimony and citizens wrongfully accused of and then convicted of crimes they didn’t commit. Any case depending on eyewitness identification depends on the witnesses’ ability to perceive, to recollect and to relate his or her observations accurately; and from time to time the examination of such witnesses does sound a bit like the Abbot and Costello routine. But it is not so funny when one’s life or liberty or fortune hangs in the balance. This type of evidence is notoriously unreliable. Any experienced Ventura lawyer knows this.

Gang Crimes and Special Allegations: Disparate Racial Impact?

by Steven D. Powell Attorney at Law

If a a crime is committed by a targeted group of African Americans or Hispanic youths who associate with or become members of a "criminal gang" the alleged offender is often looking at more jail or prison time - and it can be decades - than an offender not so affiliated or associated.

Ventura County's 254 DUI Arrests: Not A Happy New Year

by Steven D. Powell Attorney at Law

I just read in the paper 254 folks were arrested for DUI over the past 17 days in Ventura County. I’m sorry to hear that the New Year now necessarily will include quickly contacting, especially within the first ten (10) days of your arrest, a criminal defense lawyer experienced in DUI and vehicular crimes defense. Schwartz & Powell is the firm to call to ease your pain.