Irvine Criminal Lawyer

JERRY L. STEERING; CRIMINAL DEFENSE AND CIVIL RIGHTS ATTORNEY 

 

 

GET JUSTICE * GET VINDICATION * GET COMPENSATION

 

 

 

Mr. Steering had a civil rights case in 2005 with the Irvine Police Department. In the case of Jane Doe v. City of Irvine, et al. (2005), Mr. Steering obtained a $400,000.00 from the City of Irvine for the victim of a sexual battery by an Irvine police officer. The officer was ultimately criminally prosecuted, and was found not guilty by a jury. The officer defended his criminal case on the ground that Jane Doe was an exotic dancer, and was “playing him” to not arrest her by providing the officer” favors.” Her claim was that the officer extorted the “favors” from her, by threat of arrest.

 

 

CRIMINAL LAW PRACTICE AND THE FIGHT FOR SOCIAL JUSTICE

 

Jerry L. Steering has been practicing criminal law since 1984 (in California since 1986.) He has tried and litigated hundreds of criminal cases, including murder cases, manslaughter cases, assault and battery cases, drug possession and drug manufacturing cases, DUI / Vehicular homicide cases, White-Collar investor fraud cases, sex-offender or drug addict registration cases, violations of court orders, domestic violence cases, towing industry cases, and the entire spectrum of various criminal violations.

 

Having attended the University of Georgia School of Law, and having taken and passed the February 1984 Georgia Bar Exam in his last semester of Law School (while Clerking at a law firm full time, and while attending law school full time), in June of 1984 Mr. Steering began defending criminal cases for the law firm of Scott & Quarterman, of Athens, Georgia; the same law firm that he clerked for, full-time, for over two years.

 

PUBLICATIONS.

 

Mr. Steering is also a published legal scholar, and has a published Law Review Article on a paradox of federal evidentiary rulings and concepts, regarding the disparity of the use of “accomplice accusations” between Fourth Amendment (probable cause for search warrant) and Sixth Amendment (inherently unreliable as hearsay exception) analysis. See, “The Application Of Sixth Amendment Tests For The Reliability Of Hearsay Evidence To Probable Cause Determinations, 16 Rutgers Law Journal 869 (1985.)

 

THE FIGHT FOR SOCIAL JUSTICE; “CONTEMPT OF COP” CASES.

 

Mr. Steering is an expert in “Contempt Of Cop” type cases, and has litigated, consulted, advised or has otherwise been involved in thousands of such cases; usually for fabricated charges of crimes against peace officers. These, “Contempt Of Cop cases, typical involve the police using force upon persons (i.e. beating them) and/or falsely arresting them, and then inventing bogus allegations of violations various “Contempt Of Cop statutes, such as violations of: 1) Cal. Penal Code § 148(a)(1) (resisting / obstructing / delaying peace officer; the most abused statute in the Penal Code; 2) Cal. Penal Code § 240/241(b) (assault on a peace officer); 3) Cal. Penal Code § 242 / 243(b) (battery on a peace officer); and 4) Cal. Penal Code § 69 (interfering with public officer via actual or threatened use of force or violence.) Cal. Penal Code § 69 is a “wobbler”; a California public offense that may be filed by the District Attorney’s Office as either a felony or a misdemeanor. In Orange County, Riverside County and Los Angeles County, allegations of violation of Penal Code § 69 are usually filed as misdemeanors. In San Bernardino County, however, allegations of violation of Cal. Penal Code § 69 are filed as felonies much more often than her sister counties.

 

THE EARLY YEARS; CRIMINAL CASES IN GEORGIA

 

Martin v. Hardison; On His First Day As A Lawyer, Jerry L. Steering Invents The Use Of The Writ Of Habeas Corpus, For Vacating Misdemeanor Traffic Convictions In Georgia, Resulting In The Return Of Hundreds Of Suspended And Revoked Driver Licenses

 

Georgia Supreme Court Declares Right To Drive A Protected Liberty Interest; A Fundamental Right, Not A Privilege; Hardison v. Martin

 

In Hardison v. Martin, 254 Ga. 719 (1985) the State of Georgia was turned upside down as a result of Mr. Steering’s Invention of use of “The Great Writ” to obtain driver license reinstatement. In literally his first case as a lawyer (and literally his first day as a lawyer in court), Mr. Steering “invented” the use of the Writ of Habeas Corpus (the “Great Writ), to vacate wrongful convictions of innocents for serious traffic offenses (misdemeanors and felonies), that result in driver license suspension or revocation. Prior to Hardison v. Martin, 254 Ga. 719 (1985), a motorist had no remedy for the suspension or revocation of his/her driver license, if he/she had plead guilty to the underlying traffic offense, and the motorist was neither in police custody (i.e. prison or jail), nor “constructive custody” (i.e. parole or probation.) Hardison v. Martin expanded Georgia’s definition of restraint of one’s liberty under the Georgia Habeas Corpus statute, from being in prison or jail, or being on probation or parole, to being entitled to a driver license. In other words, because of the widespread use of cars in today’s society to travel, there is a constitutionally protected “liberty interest” in being able to drive a vehicle; not a mere “privilege” that the state may revoke at its whim (a right, rather than a privilege.)

 

Hardison v. Martin; The Problem; No Remedy To Right The Wrong

 

In Hardison v. Martin, 254 Ga. 719 (1985), Randall Martin was a car salesman at an Athens, Georgia, Cadillac Dealership. He needed to have a valid Georgia driver license, to work as a car salesmen. Mr. Martin had a tough break-up with his girlfriend, and got drunk to deal with his mental anguish. Over a two day period, Mr. Martin got arrested twice for DUI. The second DUI arrest was prompted by a call to the police by Mr. Martin’s girlfriend, reporting that Mr. Martin had broken a window on her home (while knocking too hard; the product of ethanol and inadvertence, and being “jilted“), and that she just wanted him gone. When the police were driving Westbound on the Atlanta Highway (the B52′s “Loveshack’s” Atlanta Highway), Mr. Martin was driving Westbound. There was quite a large amount of lawn / grass that separated the Eastbound from the Westbound lanes. Mr. Martin correctly guessed that the police officer, who was traveling Eastbound, was looking for him. However, it took the officer about fifteen seconds to reach the next road to turn-around, to pursue Mr. Martin Westbound (this wasn’t life or death, when an officer might drive over a large grass median.) So, Mr. Martin immediately pulled his car over to the curb, parked on the shoulder of the Atlanta Highway, and ran into the woods; hiding from the police.

 

The officers simply waited for a few hours at Mr. Martin’s car, and he eventually came out of the woods and surrendered to the police. Over his two day drunken binge (from being “jilted”), Mr. Martin had been arrested for DUI for the first day, and for DUI and eluding an officer in a vehicle, on the second day. Mr. Martin pleaded guilty to all three misdemeanor traffic offenses, and was given three years probation and a $700.00 fine. However, the Clerk of the Clarke County, Georgia Superior Court neglected to send copies of Mr. Martin’s judgment of conviction for the three traffic misdemeanors to the Georgia Department of Public Safety (Georgia’s combo State Patrol and DMV) for over three years; only doing so in response to the Probation Office notifying the Superior Court Clerk’s Office that Mr. Martin had successfully completed his three years of probation.

 

After the Georgia Department of Public Safety received Mr. Martin’s judgment of conviction from the Clerk’s Office, they notified him that he was an “habitual violator” under Georgia law, for having three serious traffic convictions within five years. See, OCGA 40-5-58 . Under that law, it was a felony for Mr. Martin to drive for five years.

 

After being declared an habitual violator (OCGA 40-5-58 ), Mr. Martin lost his job as a car salesman, as he couldn’t drive. His lawyer (Mr. Steering’s old boss, Howard Scott) brought a motion to set-aside his guilty plea to the eluding an officer in a vehicle Count, on the ground that although Mr. Martin did flee the officer on foot, that he didn’t use his car to evade the police, and, therefore, cannot be guilty of the misdemeanor offense of eluding an officer in a vehicle, and deserves his driver license back. So, although Mr. Martin was guilty of a crime, he was not guilty of a traffic offense, and his right to drive should not have been revoked.

 

At the hearing on the motion to vacate Mr. Martin’s guilty plea, the arresting officer testified to the above and foregoing; that Mr. Martin eluded him, but on foot; not in his car. The Judge nonetheless denied the motion. The motion was written and orchestrated by Mr. Steering, for his then boss, Howard Tate Scott, during his last semester of law school.

 

Thus, Mr. Martin had proof, based on the arresting officer’s own version of the events, that the he was innocent of the traffic misdemeanor that resulted in his being declared an habitual violator (eluding an officer in a vehicle), and the loss of his job. However, as one can’t appeal a guilty plea, as there is nothing to appeal from; there was no trial to complain was unfair. Also, because Mr. Martin was not in prison or jail, or on parole or probation, as the judgment of conviction was sent in after he was off probation, under the Georgia Habeas Corpus statute, there was not a sufficient restraint on liberty for Habeas Corpus relief to lie; or was it?

 

Hardison v. Martin; The Solution; For Every Wrong There Must Be A Remedy.

 

Not taking “No” for an answer, on the first day that Mr. Steering was an attorney, June 25, 1984, a hearing was held on the Writ of Habeas Corpus against Colonel Hugh Hardison, Commissioner of the Georgia Department of public safety. While still a law clerk, Mr. Steering ghostwrote a Habeas Corpus Petition for Mr. Martin, contending that Colonel Hugh Hardison was restraining Mr. Martin’s liberty by revoking his driver license, and requesting that Clarke County Superior Court Judge Joseph P. Gaines order Colonel Hardison to give Mr. Martin his driver license back. After ruling that modern American cases and the change in modern society should recognize other forms of restraints on one’s liberty other than prison, jail, parole and probation, and that mere technicalities of law should not permit the scales of justice to be tipped in favor of punishing the provably innocent, Clarke County Superior Court Judge Joseph P. Gaines ordered Colonel Hardison to give Mr. Martin his driver license back. Judge Gaines granted the Writ of Habeas Corpus on the ground that driver license revocation could in some cases, such as Mr. Martin’s, qualify as a sufficient restraint on one’s liberty upon which Habeas Corpus relief may lie.

 

Because Mr. Martin was provably innocent, the Georgia Supreme Court was not going to leave him without remedy, for the Clerk’s belated delivery of the judgment of his conviction to the Georgia Department of Public Safety. When the Georgia Attorney General’s Office appealed Judge Gaine’s granting of the Writ of Habeas corpus for Mr. Martin, a unanimous Georgia Supreme Court affirmed Judge Gaines’ order; creating the right to use the remedy of Habeas Corpus to vacate traffic offense convictions in Georgia.

 

Hardison v. Martin; The Political Fallout.

 

Because in the State of Georgia, there were no “infractions” or “violations”, just misdemeanors or felonies (i.e. DUI misdemeanor; bald tires ticket misdemeanor, and robbery and murder, felonies), the ruling in the Martin case had dramatic consequences in the State of Georgia. In none, or almost none, of the guilty pleas in Georgia traffic cases, did the Judge obtain either written or oral (and reported / recorded) waivers of the certain fundamental Constitutional rights that Boykin v. Alabama, 395 U.S. 238 (1969.) guarantees. However, in order to withstand attack upon conviction, even a misdemeanor traffic violation, by way of a Writ of Habeas Corpus, a guilty plea (or no contest / nolo contendre plea) must include some sort of record (i.e. a written waiver of rights form, or a transcript of an oral in-court waiver of rights) of a knowing, intelligent and voluntary waiver of certain basic Constitutional rights, such as: 1) the right to counsel; 2) the right to remain silent; 3) the right to a public trial by jury: 4) the right to use the compulsory process of the court; and 5) the right to confront (cross-examine) one’s accusers. See, Boykin v. Alabama, 395 U.S. 238 (1969.)

 

Therefore, because the majority of traffic convictions in Georgia were the result of guilty pleas, almost all of them in the state were now subject to being set aside via Habeas Corpus. Many of them were.

 

The State v. Susan Jones; Everyone Needs To Start Sometime; Mr. Steering’s First Jury Trial; Let’s Convict the Obviously Innocent.

 

Mr. Steering’s first criminal jury trial was the case of The State of Georgia v. Susan Jones; Clarke County (Georgia) State Court. In that case, defendant Susan Jones was being prosecuted for misdemeanor criminal utterance of a bad check. OCGA 16-9-20 (uttering a check for present consideration, knowing that the check will not be honored by the bank.) Mrs. Jones had paid her $380.00 monthly rent for her apartment by check. Ms. Susan Jones had made a $400.00 bank deposit into her checking account, before she gave the $380.00 rent check to her landlord. However, the landlord didn’t deposit the check for about a month. When the check was presented to Ms. Jones’ bank for payment, the bank denied the payment, as her account had dipped a few dollars below the $380.00 check amount, due to miscellaneous bank charges.

 

On the day before the Jones bad check trial, the Clarke County Solicitor, Ken Stula, received Susan Jones’ bank records. It was apparent from the bank account records that she had no intent to defraud her landlord, and that she was innocent. On the morning of the trial, Susan Jones, represented by then young attorney Jerry L. Steering, answered ready for trial. The prosecution, represented by Clarke County Solicitor, Ken Stula, told the Clarke County State Court, that his office had obtained Ms. Jones’ bank records yesterday, that the records show that she was innocent, and that The State would like to dismiss the case. The Judge, Hon. Grady C. Pittard, Jr., scolded Mr. Stula for filing cases without first properly investigating them, and for waiting to the last minute to investigate his cases. However, Judge Pittard refused to dismiss the case, and told Mr. Stula not to worry; that he would “help” him. When Mr. Steering asked the Court what that was supposed to mean, Judge Pittard threatened Mr. Steering with jail for even asking.

 

During the trial, young attorney Jerry Steering found out what the “help” was. Judge Pittard refused to allow Mr. Steering to have the manager of Ms. Jones’ bank, identify or authenticate her bank account records, that proved her innocence. Mr. Steering could not believe that in his first trial, that the Judge and the prosecutor were making a game out of attempting to convict a woman who they both knew was truly innocent. The Judge was “teaching the prosecutor a lesson”, and the prosecutor was going through the motions; almost struggling to keep a straight face. Mr. Steering doesn’t believe that Judge Pittard would had let a conviction of Ms. Jones stand. He was just having fun with the whole situation.

 

Notwithstanding the little game between the court and the prosecution, the jury saw right through it, and acquitted Ms. Jones in five minutes; literally five minutes. The fastest verdict that Mr. Steering has ever received.

 

This case was exceptionally “novel”, in the sense that once the prosecution moves to dismiss a criminal action, the court has no choice other than to dismiss it. It comes from the American doctrine of “separation of powers“. The judicial branch of government (the courts) cannot order the executive branch of government to prosecute anyone; ever. Only the executive branch of government (i.e. the President, a Governor, an Attorney General or a District Attorney; in this case the State misdemeanor prosecutor; the Solicitor) can decide to criminally prosecute a person or corporation. So, although what Judge Pittard was doing was exceptionally unlawful, the defendant ultimately prevailed.

 

The State of Georgia v. Katie Mae Wilson; Mr. Steering’s First Murder Case.

Mr. Steering tried a murder case in Athens, Georgia; several months after graduation from law school. It was defending that case that gave Mr. Steering his first taste of police perjury. The main investigating officer lied on the witness stand at the murder trial, about a discussion that he had with Mr. Steering, so Mr. Steering knew that the police officer was lying. Although the defendant did kill her husband, Curtis Wilson, with a boiling pot (smashed it over his head), Mr. Steering was still able to pull-off a manslaughter conviction out of the jury, and a six month jail sentence for his client; Katie Mae Wilson.

 

Mr. Steering got plenty of trial experience in Clarke County and Oconee County State Court, before the Hon. Grady C. Pittard, Jr.; Judge of the State Court. In Georgia, the District Attorney’s Office prosecutes felony cases, but the County Solicitor’s Office prosecute misdemeanors. Similarly, in Georgia, felonies are handled in the Superior Court, but misdemeanors are handled in the “State Court” (both of the Courts are courts of the State of Georgia.)

 

CRIMINAL CASES AFTER MR. STEERING MOVES TO CALIFORNIA

 

Bill L. Harbert v. United States of America; For Every Wrong There Should Be A Remedy, But Alas, “The King Can Do No Wrong”.

 

Mr. Steering has even filed a civil action for a Declaratory Judgment in the United States District Court for the District of Columbia (that got transferred to the Northern District of Alabama) Bill L. Harbert v. United States of America; District Court Case No. 05-00173 CV-LSC-S. Mr. Harbert was essentially extorted by the United States government to guarantee a $54,000,000.00 fine for a Sherman Act violation by a Liechtenstein company owned by him. He was neither a defendant to the criminal Sherman Act case against Bilhar International Construction, nor accused in any way in the Indictment of his company, and its London based President; Roy Anderson. The Declaratory Judgment action sought to relieve Mr. Harbert from having to pay that fine. The Eleventh Circuit ultimately held that whether or not Mr. Harbert was “extorted” by Uncle Same, that “The King Can Do No Wrong“; that notwithstanding the oppressive conduct by the government toward Mr. Harbert, that the federal government had “Sovereign Immunity” from being sued. In many unfortunate cases, it is true; “The King Can Do No Wrong“.

 

PEOPLE v. MARK EDWIN TAYLOR; NO SECOND DEGREE MURDER LIABILITY FOR PCP DISTRIBUTION.

 

Mr. Steering also markedly changed the application of the “Second Degree Felony Murder Rule” in California, when the Fourth District Court of Appeal (Division Three) held that a person could not be held liable for murder in California for PCP distribution, as PCP is not drug that carries with it, “a high probability of death” when used illicitly (See, People v. Taylor, 6 Cal.App.4th 1084 (1992).)

 

If you have a legal problem, please call (949) 474-1849 for a free telephone consultation to see if we can help you.

 

Jerry L. Steering, Esq.

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The Law Offices of Jerry L. Steering services the following Orange County Cities, Towns & Census Designated Places.

Incorporated Places have an asterisk (*).

Aliso Viejo*
Anaheim*
Atwood
Balboa
Balboa Island
Barber City
Brea*
Buena Park*
Canyon Acres
Capistrano Beach
Carlton
Cerro Villa Heights
Costa Mesa*
Coto De Caza
Cypress*
Dana Point*
Des Moines
Dove Canyon
El Modena
El Toro
Foothill Ranch
Fountain Valley*
Fullerton*
Garden Grove*
Hansen
Huntington Beach*
Huntington Harbour
Irvine*
La Habra*
La Jolla
La Palma*
Ladera Ranch
Laguna Beach*
Laguna Hills*
Laguna Niguel*
Laguna Woods*
Lake Forest*
Las Flores
Lido Isle
Los Alamitos*
Midway City
Mission Viejo*
Moody
Newport Beach*
Newport Coast
Newport Heights
North Tustin
Ocean View
Olive
Orange*
Placentia*
Portola Hills
Rancho Santa Margarita*
Rancho Trabuco
Robinson Ranch
Rossmoor
San Clemente*
San Joaquin Hills
San Juan Capistrano*
Santa Ana*
Seal Beach*
Smeltzer
South Anaheim
South Laguna
South Santa Ana
Stanton*
Sunny Hills
Sunset Beach
Surfside
Trabuco Highlands
Tustin*
Villa Park*
West Anaheim
Westminster*
Wintersburg
Yorba Linda*

 

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