Observations in a Riverside DUI breath test cases
Observations in a Riverside DUI breath test cases
Not only are there time limits on when a chemical test may be administered after your stop, but there are also limits on how the test is to be conducted. The police are required to observe you for a certain period of time (15 minutes) before collecting your breath sample. At least one officer must be watching you at all times for the entire duration of the "observation period." An…
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Is New Orange County Law Banning Sex Offenders from County Parks and Beaches Unconstitutional? – CPC 290
On May 5, 2011, a new law in Orange County, California will prohibit sex offender registrants from going to public beaches, parks, and other recreational areas in the county. A law cannot violate constitutional rights. This new law provides that registered sex offenders can only go to these public park locations if they receive "consent," but there is no procedure for requesting "consent" or what the registrant must show to…
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New Orange County Sex Offender Law Further Restricts Where P.C. 290 Registrants Are Able To Go
According to the Orange County Register, under a new county law approved by Orange County supervisors on April 5th, registered sex offenders will no longer be permitted on county beaches, in county parks or other county recreation areas without written consent from the county sheriff's department. Starting May 5, 2011, the new county ordinance will now make it illegal for registered sex offenders to enter specific areas without a written…
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New Orange County Sex Offender Law will cost marine mechanic his job? PC 290
New law will cost marine mechanic his job? PC 290 Within 24 hours of the news that the Orange County Board of Supervisors had passed a new law prohibiting all registered sex offenders from being in any public parks, we received a desparate email from a person who had been convicted of a sex offense against his wife over 25 years ago. He has worked for the past 22 years…
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Across the country law enforcement agents and prosecutors are using social networking sites for incriminating evidence – Part 1
If a suspect is in the midst of a criminal investigation, chances are that law enforcement has already scoured Facebook, Twitter, LinkedIn, YouTube, MySpace and other social networking sites to search for incriminating evidence. Several hundred million people have active Facebook and MySpace accounts. Unlike traditional Web sites, where users are limited to passive viewing, social networking sites permit users to create personal profiles; post photographs, videos, and audio clips;…
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Star Athlete Allegedly Victim of Attack
It was reported by John Manasso of that Basketball Hall of Famer Dominique Wilkins, an Altlanta Hawks commentator, was attacked by a fan after the Hawks' game, according to a statement released by the Hawks. Apparently, Wilkins had finished a piece on a post game show, and was still near courtside when the attack occurred. The alleged attacker was Rashan S. Michel, 36, a former NBA and college referee. Michel…
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What if I got arrested for perjury, what does the prosecution need to prove and what is the punishment?
To prove that the defendant is guilty of perjury in Los Angeles, the People must prove that: 1. The defendant took an oath to testify, declare, or depose truthfully before a competent tribunal or officer under circumstances in which the oath of the State of California lawfully may be given;2. When the defendant testified, declared, or deposed, he willfully stated that the information was true even though he knew it…
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Actress Lindsey Lohan Has A Couple Of Weeks To Decide Whether Or Not She Will Accept A Plea Deal In Her Felony Theft Case
Actress and veteran of the Los Angeles County Criminal system Lindsey Lohan appeared in front of a Judge on Thursday. Lohan is charged with Felony Grand Theft for allegedly stealing necklace from a Los Angeles area jewelry store. The necklace is valued at $2500. In California, grand theft is codified under California Penal Code Section 487, which defines grand theft as "the unlawful taking of another's property valued above $950."…
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What A Prosecutor Must Show In Order To Get A Rape Conviction In California
Rape in California is a felony, and carries with a conviction a number of severe potential punishments. Included as potential punishments are a lengthy prison sentence, as well as lifetime registration as a sex offender. By law, in order for a defendant to be found guilty of rape, the prosecutor must prove certain specific things. These things are: that he accused engaged in sexual intercourse with another person, and that…
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I Was Caught With Marijuana, What Will Happen To Me? H&S Code § 11357; V.C. § 23222;
In January 2011, the California State Legislature amended possession of marijuana laws by reducing the punishment for someone charged with less than 28.5 grams of marijuana from a misdemeanor to an infraction. What this means is that if someone is found with 28.5 grams of marijuana and it is their first offense, they will only be facing a maximum $100.00 fine plus penalty assessment which makes the total fine about…
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