Crime Victims’ Rights

•November 19, 2008 • Leave a Comment

Victims and witnesses of crime have specific rights under the “Victims’ Bill of Rights” established by voter-passed Proposition 8 in June 1982 and under state laws. Here is an overview of these constitutional and statutory rights.

  • RIGHT TO KEEP ADDRESS CONFIDENTIAL In cases of child abuse, spousal abuse and sex crimes, and victims have a right to have their addresses kept confidential. Their addresses may be given only to the attorney for the defendant, but will not appear on any forms or public documents.
  • RIGHT NOT TO BE THREATENED OR INTIMIDATED If anyone threatens you, call your law enforcement agency to report the threat and contact the prosecutor immediately. It is a crime for anyone to attempt to dissuade or prevent you from assisting law enforcement agencies or prosecutors or from attending or giving testimony at any trial or proceeding authorized by law. It is a felony if any such efforts involve coercion, threats or force, or are done for financial gain.
  • RIGHT TO BE PRESENT AT SENTENCING AND PAROLE HEARINGS Crime victims are entitled to appear at the sentencing hearing and to speak on matters concerning the crime, the penalty and the need for restitution. You do not need to be present at the sentencing proceeding, but you have a right to attend if you wish and to reasonably express your views. The law requires that the county probation department notify you of the sentencing hearing for felony cases. Practically speaking, you will want to contact the prosecuting district attorney to let him or her know of your wish to speak at the sentencing hearing. You have a right to be informed of the sentence recommended by the probation officer to the court, but you may not view the actual probation report prior to sentencing. However, state law (Penal Code section 1203.05(a)) permits you to inspect the probation report within 60 days after the judgment is pronounced. You may want to write out a statement that you can read at the hearing or submit it in writing. You also may want to consider submitting a video tape. Those who have spoken at such hearings say they were given a restored sense of control and appreciated the active role in the criminal justice system.
  • RIGHT TO BE INFORMED OF THE SENTENCE RECOMMENDED BY THE PROBATION OFFICER Victims have a right to make a statement at parole hearings. Parole hearings are held for prisoners serving an indeterminate term such as 15 years to life. . You may want to write out a statement that you can read at the hearing or submit it in writing. You also may want to consider submitting a video tape. Those who have spoken at such hearings say they were given a restored sense of control and appreciated the active role in the criminal justice system. To request notice of parole hearings and opportunity to speak, write to:

    Board of Prison Terms Victims’ Assistance Program 428 J Street, Sixth Floor Sacramento, CA 95814 (916) 327-5933

    If the offender was sentenced by the California Youth Authority, send your written request to:

    California Youth Authority Office of Prevention and Victims’ Services 4241 Williamsborough Drive Sacramento, CA 95823 (916) 262-1392

  • RIGHT TO RESTITUTION AND RETURN OF PROPERTY Victims have a right to restitution from the person who is convicted of a misdemeanor or felony where the victim suffered economic loss a result of the offender’s conduct. The prosecuting attorney has an opportunity to assist in these assessments. The requirements are specified in Penal Code section 1202.4(b). If seeking the return of property, you may want to contact your local victim/witness assistance center for help in determining if your property can be returned to you. In some cases, it may take a while to have the property returned because they may be needed as evidence in court.

This is from the Office of Attorney General State Of California


Fugitive Watch New Web Site

•November 9, 2008 • Leave a Comment

I have received Emails and request to update my post. The reason I was away so long was because we have been working long hours on the new web site. It has been a tough year for everyone we are trying to make it even tougher on those fugitives out there. I really feel oops I promised I would not talk about how I really feel about most of these fugitives because its not nice. Any way go check out the new web site and let us know your thoughts. When I have something I think I should share I will be back. I will share this though I have been in Law enforcement for almost 25 years over that time I learned the system is truly designed to protect the guilty not the innocent. I have also learned that not all Police departments are created equal.

Fugitive Watch Arranges for the Surrender of an Attempted Murder/Robbery Suspect

•March 31, 2008 • Leave a Comment

San Jose, CA March 30th, 2008–Fugitive Watch is proud to announce that a man suspected of a gang related Attempted Murder and Robbery has surrendered to San Jose police after seeing himself in the Fugitive Watch Newspaper. Jesse Vigil, age 18 years used his cell phone and called the Fugitive Watch Hotline 1-800-9-CAUGHT at about 1:30 am. He told Fugitive Watch founder Steve Ferdin that he saw his photo on the Fugitive Watch Web Site and in the most recent April edition of the Fugitive Watch Newspaper. He said he was driving around in his car and he wanted to turn himself to the police. Vigil even asked Ferdin for directions to the nearest Fugitive Watch Newspaper rack so he could get a copy of the photo to show police in case the police did not believe him. Ferdin and co-founder Scott Castruita coordinated between Vigil and the police. Ferdin instructed Vigil to drive to his home on Spinnaker Drive in South San Jose and Castruita would arrange for police officers to contact him there. San Jose police detectives responded to the house and after interviewing Vigil, arrested him.

Detective Rolando Segura reports that on November 14th, 2007 at about 12:30 am a victim got onto the light rail train at the at 2nd Street and Santa Clara Street in downtown San Jose. The victim then exited the train at the Capitol and Narvaez station. According to witnesses, the suspect then allegedly followed the victim off the train and grabbed him from behind, stabbing the victim 4 times in the back. He then repeatedly kicked the victim in the face until the victim went unconscious. The suspect then took the victim’s sport shoes and then pushed the victim onto the tracks. The victim remained unconscious in a coma for a week fighting for his life. Detective Segura said the injuries were so serious that he was not sure if it was going to turn into a homicide case. The attacker was not known but police had a surveillance video of the suspect on the train. Fugitive Watch featured the surveillance photo and within a week Vigil saw himself and surrendered. This is Fugitive Watch’s 1025th captured.

Vigil’s photo can be seen on the Fugitive Watch web site

Wireless Telephone Laws FAQs

•March 29, 2008 • Leave a Comment

Two new laws dealing with the use of wireless telephones while driving go into effect July 1, 2008. Below is a list of Frequently Asked Questions concerning these new laws.
Q: When do the new wireless telephone laws take effect?
A: The new laws take effect July 1, 2008

Q: What is the difference between the two laws?
A: The first prohibits all drivers from using a handheld wireless telephone while operating a motor vehicle. (Vehicle Code (VC) §23123). Motorists 18 and over may use a hands-free device. Drivers under the age of 18 may NOT use a wireless telephone or hands-free device while operating a motor vehicle(VC §23124).

Q: What if I need to use my telephone during an emergency, and I do not have a hands- free device?
A: The law allows a driver to use a wireless telephone to make emergency calls to a law enforcement agency, a medical provider, the fire department, or other emergency services agency.

Q: What are the fines if I’m convicted?
A: The base fine for the FIRST offense is $20 and $50 for subsequent convictions. According to the Uniform Bail and Penalty Schedule, with the addition of penalty assessments, a first offense is $76 and a second offense is $190.

Q: Will I receive a point on my drivers license if I’m convicted for a violation of the wireless telephone law?
A: NO. The violation is a reportable offense: however, DMV will not assign a violation point.

Q: Will the conviction appear on my driving record?
A: Yes, but the violation point will not be added.

Q: Will there be a grace period when motorists will only get a warning?
A: NO. The law becomes in effect on July 1, 2008. Whether a citation is issued is always at the discretion of the officer based upon his or her determination of the most appropriate remedy for the situation.

Q: Are passengers affected by this law?
A: No. This law only applies to the person driving a motor vehicle.

Q: Do these laws apply to out-of-state drivers whose home states do not have such laws?
A: Yes

Q: Can I be pulled over by a law enforcement officer for using my handheld wireless telephone?
A: YES. A law enforcement officer can pull you over just for this infraction.

Q: What if my phone has a push-to-talk feature, can I use that?
A: No. The law does provide an exception for those operating a commercial motor truck or truck tractor (excluding pickups), implements of husbandry, farm vehicle or tow truck, to use a two-way radio operated by a “push-to-talk” feature.

Q: What other exceptions are there?
A: Operators of an authorized emergency vehicle during the course of employment are exempt as are those motorists operating a vehicle on private property

Drivers 18 and over will be allowed to use a hands-free device to talk on their wireless telephone while driving. The following FAQs apply to those motorists 18 and over.

Q: Does the new “hands-free” law prohibit you from dialing a wireless telephone while driving or just talking on it?
A: The new law does not prohibit dialing, but drivers are strongly urged not to dial while driving.

Q: Will it be legal to use a Blue Tooth or other earpiece?
A: Yes, however you cannot have BOTH ears covered.

Q: Does the new hands-free law allow you to use the speaker phone function of your wireless telephone while driving?
A: Yes.

Q: Does the new “hands-free” law allow drivers 18 and over to text page while driving?
A: The law does not specifically prohibit that, but an officer can pull over and issue a citation to a driver of any age if, in the officer’s opinion, the driver was distracted and not operating the vehicle safely. Text paging while driving is unsafe at any speed and is strongly discouraged.

Q: Am I allowed to use my wireless telephone hands free?
A: NO. Drivers under the age of 18 may not use a wireless telephone, pager, laptop or any other electronic communication or mobile services device to speak or text while driving in any manner, even hands free. EXCEPTION: Permitted in emergency situations to call police, fire or medical authorities. (VC §23124).

Q: Why is the law stricter for provisional drivers?
A: Statistics show that teen drivers are more likely than older drivers to be involved in crashes because they lack driving experience and tend to take greater risks. Teen drivers are vulnerable to driving distractions such as talking with passengers, eating or drinking, and talking or texting on wireless phones, which increase the chance of getting involved in serious vehicle crashes.

Q: Can my parents give me permission to allow me to use my wireless telephone while driving?
A: NO. The only exception is an emergency situation that requires you to call a law enforcement agency, a health care provider, the fire department or other emergency agency entity.

Q: Does the law apply to me if I’m an emancipated minor?
A: Yes. The restriction applies to all licensed drivers who are under the age of 18.

Q: If I have my parent(s) or someone age 25 years or older in the car with me, may I use my wireless telephone while driving?
A: NO. You may only use your wireless telephone in an emergency situation.

Q: Will the restriction appear on my provisional license?
A: No

Q: May I use the hands-free feature while driving if my car has the feature built in?
A: NO. The law prohibits anyone under the age of 18 from using any type of wireless device while driving, except in an emergency situation.

Q: Can a law enforcement officer stop me for using my hands-free device while driving?
A: No. For drivers under the age of 18, this is considered a SECONDARY violation meaning that a law enforcement officer may cite you for using a hands-free wireless phone if you were pulled over for another violation. However, the prohibition against using a handheld wireless telephone while driving is a PRIMARY violation for which a law enforcement officer can pull you over.

Convicted Rapist Parolee arrested at a San Jose elementary school

•March 1, 2008 • Leave a Comment


San Jose, CA Feb.28th, 2008–Fugitive Watch is proud to announce that a convicted rapist has been captured after absconding parole supervision and being featured on Fugitive Watch. Saily Mohamed Nguyen was recognized by an alert student at George Leyva Elementary School in east San Jose who then reported it a school teacher. The teacher checked the Fugitive Watch web site and when she saw Nguyen’s photo she immediately called the police. When police arrived, they found Nguyen watching an after school girls volley ball game. According to police, Nguyen tried to convince the officers that they had the wrong man until officers showed him his very own picture from the Fugitive Watch Newspaper.

The California Department of Corrections reported that Nguyen was released on parole after being convicted of Rape and was considered a High Control Parolee. He then absconded parole supervision and failed to register as a sex offender. According to the Department of Homeland Security he was not to re-enter the country without permission. Nguyen had been at large for over a year when he was finally arrested.

Fugitive Watch Television is the 16-year-old brainchild of San Jose police officers Steve Ferdin and Scott Castruita, televising pictures and descriptions of fugitives suspected to be hiding in the Bay Area. Fugitive Watch airs as a public service on Comcast cable stations at various times in 7 counties throughout the bay area. Many people refer Fugitive Watch as a bay area version of America’s Most Wanted. Fugitive Watch also publishes a monthly newspaper and hosts a web site Fugitive Watch has also recently begun featuring fugitives and news stories on the popular web site Come check out other fugitives

Fugitive Watch Factoids

•February 5, 2008 • Leave a Comment

“Every week in the United States someone is mauled by a privately owned lion, tiger etc.”

The World War Two Battle of Bulge involved over a million men, 500,000 Germans, 600,000 Americans and 55,000 British.
The Americans suffered 81,000 casualties, including 23,554 captured and 19,000 killed.

The penthouse suite at the Hotel Martinez in Cannes, France rents for $37,200 a night.

According to the gambling site, the odds that Manhattan will be under water before December 31, 2011 are 100 to 1.

The James Bond movie Casino Royale had 25 product placements in the movie.

Ford placed their vehicles in 41% of this years best box office winners.

Utah has the lowest rate of alcohol consumption and the highest rate of pain pill abuse.

There is a 1 in 3 chance that an overweight man will suffer depression.

86% of women surveyed say they do not consider a 5 o’clock shadow to be “Hot”.

A 1966 Shelby Cobra sold recently in Arizona for five and a half million dollars.

The price of a 1 liter bottle of Pasión Azteca Tequila is $225,000.

A cockroach can live for several weeks without its head.

Every major league baseball team in the U.S. buys about eighteen thousand baseballs each season.

Leonardo Da Vinci spent twelve years painting the Mona Lisa’s lips.

Elephants have been known to remain standing after they die.

A shark can detect one part of blood in 100 million parts of water.

14 Year old girl is robbed and beat up for her money

•January 23, 2008 • Leave a Comment



Watch the video help us identify this suspect that robbed a 14 year old victim,girl in San Jose California. You can send tips to or call 1-8009caught.