Stacie L. Patterson Law Blog

Joran van der Sloot was sentenced on January 13 in Lima, Peru. On the 11th, he confessed to the killing of young Peruvian, Stephany Flores with hopes of receiving a lesser sentence. Apparently, the ploy didn't work. Under Peruvian law, often times when someone offers a "sincere confession" to murder, the sentence is lighter. Defense attorneys hoped that the confession would result in a prison term of less than 10 years. Van der Sloot was sentenced to 28 years and ordered to pay $75,000 in restitution to Flores' family.

He should be released in June 2038 due to time already served but he could be up for parole if/when he has served half of his sentence with good behavior. He will serve in  Piedras Gordas prison as opposed to Castro Castro prison (where he has been since his arrest) after prison authorities received complaints that the Dutchman was enjoying too many privileges.

Even if van der Sloot is released early, his legal troubles are far from over. He faces extortion and fraud charges in the United States regarding the Natalee Holloway case. There is some dispute on whether or not van der Sloot can be extradited from Peru. Some experts argue that his Peruvian sentence must be fulfilled before extradition, while others argue that it wouldn't be necessary. The U.S. government has made no move to extradite him but either way, the Peruvian court has made it clear that van der Sloot will be expelled from the country upon his release.

Van der Sloot has stated that he will appeal the decision.

If you have been charged with a crime, call San Diego attorney Stacie L. Patterson. (619) 269-8074

Conrad Murray will not have to pay restitution to the family of Michael Jackson. According to several reports, the pop legend's family has dropped all claims to collect any money from the doctor. Prosecuting attorneys were initially seeking more than 100 million dollars in restitution for the untimely death of Jackson. Murray was found guilty of involuntary manslaughter. He lost his medical license and was sentenced in November to serve 4 years in prison.

If you need help protecting your medical license, call attorney Stacie L. Patterson. (619) 269-8074

Joran van der Sloot confesses.

If you need a criminal defense attorney, call Stacie L. Patterson.  (619) 269-8074

In 1979, the government started tracking deaths caused by drugs. For the first time since then, the number of fatalities from drugs has outnumbered those of traffic fatalities. Prescription painkillers and anti-anxiety medicines are the leading culprit. In what has quickly become an epidemic in this country, prescription narcotics were responsible for more than 37,000 deaths in 2009. A number of factors are causing the increase in deaths. Because these narcotics are prescribed by a doctor, many people don't view them as dangerous. Also, teenagers see their parents taking them, and can easily access them in their own medicine cabinets. While taking these drugs as prescribed can be very helpful, they can be highly addictive and dangerous when mixed with other drugs or alcohol. Drug induced deaths are most often accidental overdoses. Click here to read the original L.A. Times article.

If you have been arrested in a drug related crime, call attorney Stacie L. Patterson. (619) 269-8074

After twelve deaths related to drug abuse or overdose, Dr. Julio Diaz of Santa Barbara has been arrested. The doctor has been under investigation for many years, suspected of prescribing powerful painkillers unnecessarily. Doctors from nearby hospitals claim to have been keeping a record of Diaz's patients that also visited emergency rooms in the area.

In a recent interview by the L.A. Times, Dr. Diaz did say that as the person who gave out the medicines, he did feel responsible and that perhaps there were signs that patients would overdose. Despite several complaints from family members of patients and other medical practitioners complaining to the Medical Board of California, Dr. Diaz kept prescribing the narcotics. He told The Times that he continued prescribing drugs, even though he may have suspected abuse, in some cases. By doing so, he could manage what the patient was taking. He posed a question about the worse of two-evils, realizing that people would go to the street looking for drugs. The doctor acknowledged that he developed a pain practice to "meet the needs of patients who had difficulty finding help elsewhere". In the same interview he also went on to say that choosing to run such a practice was "fraught with trouble". He cited drug-seeking patients, office burglaries and pharmacists refusing to fill his prescriptions as some of the difficulties.

In 2009 several of Dr. Diaz's patients died. He then became vigilant in watching over his patients. Checking the names against a state database that showed whether or not they were receiving controlled substances from other doctors and ensuring that his patients were actually taking prescriptions, not selling them, helped to monitor his practice. He said he has kicked out 8 of every ten patients for violating the rules.

While Diaz has not been charged in connection with any of the deaths, they do remain under investigation. He says he knows that other doctors blame him for these overdoses and death but is quick to ask who first gave the medication.

If you are a healthcare provider and are being investigated, call Attorney Stacie L. Patterson. (619) 269-8074

Governor Jerry Brown signed 760 bills into law in 2011. Most took effect on January 1st of this year. Along with the new car seat law I posted in yesterday's blog, the following are a few new California laws regarding criminal and medical issues taken from The L.A. Times. Click here to read the complete article.

Criminal:

Drugs: outlaws the supplying of a drug or compound containing dextromethorphan to a person younger than 18 without a prescription.

Drunk drivers: authorizes courts to revoke, for up to a decade, the driver's license of any person convicted of three or more DUIs in a 10-year period. Another law bars police agencies that set up drunk-driving checkpoints from impounding cars from sober but unlicensed drivers if there is a legal driver available to take the wheel.

Human trafficking: requires large retailers and manufacturers to publicly report what steps they take to make sure those providing their supplies and products are not engaging in slavery and human trafficking.

Marijuana: gives cities and counties clearer authority to regulate the location and operation of medical marijuana dispensaries. Another law creates new penalties for the possession of synthetic cannabis products, which have been sold in convenience stores and tobacco shops.

Prison phones: makes it a crime for cellphones to be smuggled into state prisons and allows increased time behind bars for inmates caught with them.

Prostitution: imposes a special court fine of $25,000 on defendants convicted of prostitution involving a minor.

A ban on the open carrying of handguns has also taken effect.

Medical:

Autism: requires health insurers to include coverage for autism.

Elder abuse: allows wage garnishments against anyone convicted of elder abuse or financial abuse of a dependent adult.

Insurance: prohibits doctors, when treating workers' compensation patients, from prescribing drugs in which they have a financial interest.

Lap-Bands: requires periodic inspections of outpatient surgery centers that perform Lap-Band operations and other procedures.

Medical consent: gives children 12 and older the authority to get medical care for the prevention of sexually transmitted disease, including the HPV vaccine, without parental consent.

Needles: empowers cities and counties to allow pharmacists to furnish a customer with up to 30 hypodermic needles and syringes without a prescription. Another law permits the state Department of Public Health to allow select groups to provide hypodermic needles and syringe exchange services in any area where it determines that conditions exist for the rapid spread of HIV.

If you need an attorney, call Stacie L. Patterson. (619) 269-8074