What if I got arrested for stalking, what does the prosecution need to prove and what is the punishment?
What if I got arrested for stalking, what does the prosecution need to prove and what is the punishment?
To prove that the defendant is guilty of this crime, the People must prove that: 1. The defendant willfully and maliciously harassed or willfully, maliciously, and repeatedly followed another person;and2. The defendant made a credible threat with the intent to place the other person in reasonable fear for her safety or for the safety of her immediate family. Harassing means engaging in a knowing and willful course of conduct directed…
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Sex Offender Registration Act – What Should I Know about Megan’s Law
In California, persons convicted of specified sex crimes are required to register as sex offenders with local law enforcement agencies. Prior to release from jail, sex offenders are notified in writing of their duty to register, and law enforcement agencies are required to forward the registration information on each convicted sex offender to the Department of Justice. Megan's Law web site provides the public with Internet access to detailed information…
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I’m Charged with Fraud and Forgery in San Diego. What Should I Do Next?
In California, under Penal Code section 470 every person who, with the intent to defraud, knowing that he or she has no authority to do so, signs the name of another person or of a fictitious person is guilty of forgery. Moreover, a person may be charged with forgery for intending to defraud someone by knowingly giving them a false check or other financial document, counterfeit money, a false lottery ticket,…
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I’m Charged with Receiving Stolen Property in San Diego. What Should I Do Next?
In California, Penal Code section 496 prohibits every person from buying or otherwise receiving any property that has been stolen or that has been obtained in any manner constituting theft or extortion. The crime must be committed with knowledge that specific property has been stolen or taken from the owner without his or her consent. A principal in the actual theft of the property may be convicted pursuant to this…
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Well-Known College Basketball Player Charged With Four Felony Counts- P.C. 243.4; P.C. 261; P.C. 290
A well-known starting forward for a college basketball team was charged with four felony counts alleging that he inappropriately touched two women without their consent. The star player is being charged with one count of sexual battery (P.C. 243.4) and three counts of rape. (P.C. 261) According to media sources, the basketball player is accused of holding two women against their will while he reached into their pants at…
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I’m Charged with Possession of Marijuana for Sale in San Diego. What Should I Do Next?
In California, Health and Safety Code section 11359 makes it a felony for anyone to unlawfully possess marijuana for sale. This crime is punishable by imprisonment for up to three years in state prison. Actual sales or offers to sell can result in imprisonment up to seven years in state prison. Possession means that a person has physical custody and control over the substance. The prosecution can establish this element…
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When Is A Knife Not A Deadly Weapon? – P.C. 245(a)(1)
A recent case decided by the California Court of Appeals involved a minor who was convicted of assault with a deadly weapon in a juvenile court after he got into an altercation and tried to use a butter knife to attack the victim. The defendant, Brandon T. (15), was convicted by the judge of a felony violation of Penal Code Section 245(a)(1) for trying to cut the face and throat…
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I’m Charged with a Military Crime in San Diego. What Should I Do Next?
Members of the United States military forces are prosecuted in the special military court, which is called a court-martial. Court-martial proceedings take the form of a trial with a presiding judge, a prosecutor and defensive counsel, who are all trained lawyers and also military officers. The jury also consists of military officers. A court-martial is convened to try members of the U.S. military forces for violations of the Uniform Code…
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Border Patrol Agent Accused of Housing Illegal immigrants In San Diego – U.S.C. section 1324 (a)(1)(A)(iii)
A U.S. Border Patrol Agent was arrested and taken into custody in San Diego on January 11, 2011 for allegedly harboring illegal immigrants including his father. According to the FBI, Marcos Gerardo Manzano Jr. was arrested at the Imperial Beach Boarder Patrol Station and was being held in the Metropolitan Correctional Center in downtown San Diego pending his initial appearance in federal court. A federal SWAT team raided Manzano's house…
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Two Men Charged With Stealing iPad Users’ Info
Daniel Spitler, 26, and Andrew Auernheimer, 25, were charged with fraud and conspiracy to access a computer without authorization for allegedly stealing the e-mail addresses of over 100,000 Apple Ipad users. They alleged gained access to the information by exploiting an AT&T security weakness. The theft of the email addresses allegedly occurred between June 3 and June 8, 2010. According to the court report, on June 9 the information was given…
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