P.C. 273a – I am accused of child endangerment – What do I do now?
P.C. 273a – I am accused of child endangerment – What do I do now?
Children are viewed as particularly vulnerable members of society, so any perceived mistreatment or endangerment of their safety will be severely prosecuted. Under Penal Code 273a, child endangerment involves willfully causing or permitting a child to suffer physical or mental injury without taking steps to prevent it. This code section applies even if the child does not suffer any actual injury. Child endangerment is a "wobbler" in that it can…
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Massage Parlor Bust Reveals Prostitution and Human Trafficking
Albuquerque police shut down two local massage parlors when it was discovered that the businesses were harboring prostitution operations that may also be involved in human trafficking. On Monday afternoon, detectives shut down White Dragon massage parlor and the Healing Massage parlor on the suspicion that the employees were performing sex for money. According to police, the Chinese women who were working there may have been brought in from China…
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Vehicle Code 13202.5 – Persons under the age of 21 caught in possession of alcohol will often lose their driving privileges in California
Under Business and Professions Code 25662, it is illegal for a person under the legal drinking age of 21 to be in possession of an alcoholic beverage while on any street, highway, or public place. As a misdemeanor, a first-time offender will be subject to a fine of $250 or will be required to perform between 24 to 32 hours of community service during hours when the person is not…
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CALIFORNIA PENAL CODE SECTION 647.6 (a) – A CONVICTION OF ANNOYING OR MOLESTING A CHILD MAY ATTACH EVEN WHERE THERE ARE NO SPECIFIC VICTIMS –
A recent decision handed down by the California Courts of Appeal, 2nd District, has made it easier to be convicted of P.C. 647.6 (a), which punishes persons who annoy or molest children under the age of 18 years of age. The defendant in the case argued that his conviction for annoying or molesting a child was not supported by sufficient evidence because it was never shown that he directed his…
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Requiring a convicted defendant to not associate with “suspected” gang members is not a proper condition of probation
As a result of a recent decision by the California Courts of Appeal, 6th District, a probation condition requiring that a defendant avoid associating with individuals who are known, or suspected, to be gang members is unconstitutionally vague. Mario Gabriel pled guilty to charges that included having unlawful possession of a concealed firearm. Convicted in 2009, Gabriel was placed on probation for three years. Among the various conditions of probation…
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PC 211 – A robbery is a crime involving moral turpitude that can result in deportation.
A recent petition denial by the United States Court of Appeals, Ninth Circuit, has established that robbery under California Penal Code 211 is a crime involving moral turpitude for purposes of the Immigration and Nationality Act (INA). This means that a non-citizen immigrant can be deported or deemed inadmissible into the county if convicted of robbery. Luis Mendoza, a native and citizen of Mexico, entered the United States as an…
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ACCUSED “SKID ROW STABBER” HAS MURDER CONVICTION OVERTURNED AFTER 30 YEARS IN PRISON – PC 187
On November 30, 2010, the Ninth Circuit Court of Appeal overturned the murder convictions of the accused "Skid Row Stabber" because the key prosecution witness, a jailhouse informant, had perjured himself in multiple other criminal proceedings. In the late 70s, Bobby Joe Maxwell was convicted of two murders believed to have been committed by the Skid Row Stabber, a person who killed as many as 10 homeless victims in the…
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SCARCE STATE RESOURCES CREATE LENGHTY DELAYS FOR DEATH PENALTY APPEALS
Despite the abundance of attorneys in California, fewer lawyers are willing to accept appointments for death penalty inmates, creating significant delays in the legal process. Defense lawyers cite the significant emotional and financial costs in representing death penalty inmates. Court-appointed attorneys usually do not have the funds available to pay for investigators and paralegals, which greatly contribute to an aggressive capital defense. These attorneys are sometimes also paid a flat…
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SOUTHERN CALIFORNIA DEFENSE BLOG MOST POPULAR CALIFORNIA CRIMINAL DEFENSE BLOG, ACCORDING TO ABA JOURNAL READERS
The American Bar Association (ABA) Journal reported that the Southern California Defense Blog is the most popular California criminal defense blog among its online readers. This is a tremendous honor that has come about due to the tremendous efforts of the brilliant lawyers at Wallin and Klarich who are responsible for the content of the Southern California Defense Blog. Unlike other law blogs which are geared toward other attorneys, the…
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Involuntary Intoxication And “Blackout” As A Defense To Drunk Driving In California
There is a legal debate related to whether an individual who commits a crime while in a "blackout" should be held as accountable for their actions as an individual who committed the same act while sober. The laws specifically disallow voluntary intoxication as a defense in criminal court. However, involuntary intoxication (prescribed medications, being slipped something by someone else, etc.), often is a valid defense. DUI suspects who were in…
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