An 80-year-old Jewel Thief was Convicted in San Diego Superior Court
An 80-year-old Jewel Thief was Convicted in San Diego Superior Court
Doris Payne, an 80-year-old woman from Long Beach who is featured in an upcoming documentary by West Hollywood, was found guilty of commercial burglary and grand theft for stealing a ring from Fashion Valley mall in San Diego. Her sentencing is scheduled to take place on February 9, 2011, and she is facing up to five years and eight months in state prison. Doris Payne is a notorious shoplifter who…
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Changes in the law imposes new criteria for qualifying for a restitution center – California Penal Code Sections 6221 and 6228
Criminal restitution is the right of a victim to be reimbursed for the financial losses that were directly caused by a crime. It amounts to a monetary debt the criminal offender owes to the victim.Restitution is typically awarded to cover the cost of destroyed, lost, damaged, or stolen property. However, it can also be awarded to pay for the cost of medical treatment or counseling for the victim. For many…
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How Can I Clean Up My Criminal Record? – PC 1203.4; PC 17b; PC 4852.01; PC 851.8
In today's economy it's hard enough to get a job without having to deal with a criminal record for past indiscretions. But it is even more difficult if you have a criminal record. Most employers are performing criminal background checks on applicants and asking applicants if they've ever been convicted of a crime. This means it is more vital than ever to have a clean record. But what can you…
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Jared Loughner and Pleading Insanity – CPC 25(b), CPC 25.5
Jared Loughner, the person allegedly responsible for shooting Arizona Congresswoman Gabrielle Giffords and others, is charged with multiple crimes and may be facing the death penalty. He has not yet entered a plea, but reports indicate that he may have suffered from paranoid schizophrenia at the time of the alleged crime. Will He Walk by Pleading Insanity? Insanity is a legal defense where a defendant's severe mental illness means that…
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I lost my DMV administrative hearing but the prosecutor never filed DUI charges. Do I still get points on my DMV record? – California Vehicle Code 23152, California Vehicle Code 12180
Suppose you were arrested on suspicion of drunk driving, a violation of California Vehicle Code section 23152. Under California law, your license is automatically suspended pending the outcome of your criminal case, unless you request an administrative hearing with the California Department of Motor Vehicles to contest the suspension within 10 days. (CVC 14100.) What if you request the administrative hearing and lose, but the prosecutor never files criminal charges?…
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Penal Code 245 – Woman arrested in Fullerton for stabbing boyfriend.
How an Experienced Southern California Criminal Defense Attorney can Make Sure You or a Loved One is Competently Represented if Accused of Assault with a Deadly Weapon or Attempted Murder A 25-year-old woman was arrested on suspicion of attempted murder after police say she stabbed her boyfriend multiple times during an argument Thursday morning at an apartment complex. Police got a call shortly after 9 a.m. regarding a woman and…
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Myth on “Common Law Marriages” in California
Many times, we come into contact with people who are under the impression that upon a break-up with their long-time companion, they have rights similar to what a husband or wife would have at the time of their divorce. For example, people sometimes feel that even though they were never married to their long-time companion, California's community property laws and/or family laws apply to them. However, this is simply not…
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CHANGES TO LAW WILL HOPEFULLY ENCOURAGE UNDERAGE DRINKERS TO CALL FOR HELP – Business and Professions Code Sections 25658, 25662, and 25667
The California legislature passed a law in 2010 that provides immunity from prosecution to underaged drinkers who report an alcohol-related emergency. The bill was proposed in light of the tragic deaths among minors that resulted due to alcohol poisoning that went untreated because of an unwillingness to seek medical attention. This immunity from criminal prosecution for illegally possessing or consuming alcoholic beverages is intended to provide protection to underaged drinkers…
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Changes in the law could make divorce more costly – California Penal Code Section 217
Due to recent changes in California family law that have gone into effect at the start of this year, all hearings in a divorce action will now require oral testimony unless the parties waive that right or if the family court judge finds good cause to exclude oral testimony (Family Code Section 217(a) & (b)). For most divorce hearings prior to this new law, testimony was normally submitted to the…
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DUI for Marijuana in California
Driving under the influence: It is unlawful to drive a motor vehicle while under the influence of marijuana (or alcohol or any other drug, whether it is prescribed, recommended or illegal) by Vehicle Code 23152. "Under the influence" is defined as a result of taking a drug, the person' s mental or physical abilities are so impaired that the person is no longer able to drive a motor vehicle with…
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