I Want To Appeal My Conviction, What Should I Do? – P.C. 1237
I Want To Appeal My Conviction, What Should I Do? – P.C. 1237
If you or a loved one have been convicted of a crime and want to file for an appeal in California it is important to understand how an appeal works in order to get the best result. An appeal can be a very complex and slow process which is why it is so important to have a knowledgeable appellate lawyer to assist you. Often times attorneys, jurors and judges can…
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I’m Charged with a Violation of a Protective Order. What Should I Do Next?
In California, Penal Code section 136.1 authorizes the trial court in criminal case to issue orders which are generally referred to as criminal protective orders. Such orders may include an ex parte no-contact or stay-away order, an order not to intimidate the victims or witnesses, or an order protecting the victim of a violent crime from all contact by the defendant. Such a protective order, however, may be issued only…
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IN ORDER TO USE AN INFORMANT OR “ANONYMOUS TIPSTER” TO BUILD REASONABLE SUSPICION, THE OFFICER MUST CONSIDER THE RELIABILITY OF THE INFORMATION
In United States v. Leos-Quijada, 107 F.3d 786 (10th Cir. 1997), the court stated that when information comes from an informant, reliability may be assessed by viewing the credibility of the informant, the basis of the informant's knowledge, and the extent to which the police are able to independently verify the tip. The lower the reliability, credibility, or veracity of the informant, the more information that is required to create…
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What is Oral Copulation and How Can You Violate California Oral Copulation Laws? (Penal Code Section 288a)
California law under Penal Code Section 288a defines oral sex as copulating the mouth of one person with the sexual organ or anus of the other person. California criminalizes oral sex according to three categories: Participating in oral copulation with a minor; Committing forcible oral copulation; and Acting in concert with another person to force an individual to engage in oral copulation. Participating in Oral Sex with a Minor (Penal…
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I’m Charged With Robbery. What Should I Do Next?
In California, Penal Code section 211 defines robbery as the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear. Robbery, therefore, is a species of aggravated larceny. To elevate larceny to a robbery, the taking must be accomplished by force or fear, and the perpetrator of this crime must take the property…
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I’m Charged with a Violation of a Restraining Order. What Should I Do Next?
Restraining orders are civil orders that can be requested by the individuals who believe they are the victims of crime, violence or harassment. The alleged victim must first file for and receive a temporary restraining order, or a TRO. The judge will then schedule a hearing to determine if there is sufficient evidence to grant a permanent restraining order. At this hearing, the court will require a higher burden of…
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Student Suspected of Bringing Gun to Gardena High in Los Angeles County Charged With Assault with a Deadly Weapon
A Gardena High School student suspected of bringing a gun to campus that discharged and wounded two students in January has been charged with assault with a deadly weapon. The 17-year-old was arrested about an hour after the incident. The gun was apparently in the boy's backpack and was inadvertently discharged when he slammed his backpack down on his desk. The two wounded students, both 15, were taken to Harbor-UCLA…
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The Court In California Can Require Parties To Pay Support Obligations Based On The Parties Inflated Income
The financial strain that a person may go through from trying to pay court ordered spousal and child support payments is often great. In many circumstances, the party ordered to pay support must significantly alter their lifestyle in order to satisfy the court's order. Typically in cases dealing with spousal and child support, the California court will use the actual income of the two opposing sides. However, the court can…
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Why do Cops Violate Your Constitutional Rights when they encounter you?
The simple answer is because there are some cops that will violate your rights because they refuse to follow the law. However, other police officers will violate your rights because they know that the conservative majority on the United States Supreme Court will likely support their conduct. Let me give you just one quick example of how recent court decisions have given the police more power to violate your rights…
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What Do I Do If I Am Detained For Suspicion Of Shoplifitng In California?
Under California law petty theft is the taking of property of another valued at less than $950. A first offense is chargeable as a misdemeanor and carries a maximum sentence of six months in county jail. Commercial burglary in California is defined as entering any structure other than a residence with the intent to commit a crime therein. Commercial burglary is a "wobbler" under California which means that it can…
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