DNA Law Being Challenged in the Appellate Court
DNA Law Being Challenged in the Appellate Court
The usage of DNA evidence has been in the media lately because of the arrest of the alleged Grim Sleeper. In that case, the police found the alleged serial killer's DNA from a discarded pizza slice and was able to track him down using a familial DNA search. California voters approved the state DNA program by passing Proposition 69 in 2004. The law required that people arrested for a felony…
Read More
Domestic Violence Probation – Mandatory Conditions – California Penal Code Section 1203.097
If a person is granted probation for a domestic violence crime, California Penal Code Section 1203.097 lists the conditions of probation that must be given. The list below shows some of the conditions that may have a significant impact on a person's life: 1. A minimum period of probation of 36 months 2. A criminal court protective order protecting the victim from further acts of violence, threats, stalking, sexual abuse,…
Read More
Types of Joint Child Custody Orders
Child custody orders are given when a couple is going through a separation or divorce. The child custody orders are designed to determine who will take care of the children and who will make decisions for the children. The courts may decide that a type of joint child custody would be in the best interest of the child or children. California Family Code Section 3004 states, "Joint physical custody means…
Read More
REDUCING A FELONY ASSAULT WITH A DEADLY WEAPON TO A MISDEMEANOR – CALIFORNIA PENAL CODE SECTION 245
In criminal law, there are many charges in the various codes that are known as "wobblers". A wobbler is a statute that can be treated both as a felony or misdemeanor. The sentence for a wobbler will indicate that the section is punishable by jail or prison. Depending on the District Attorney's discretion, a case can be filed either as a felony or misdemeanor. The difference to the defendant, can…
Read More
Types of Evaluations in Dependency Court
Evaluations can be helpful and necessary in many types of dependency cases. In any written evaluation report, the evaluator describes the methods used and the reasoning for conclusions and recommendations. The specific purpose of the evaluation will dictate what type of assessment methods and what type of professional is necessary. A mental health, psychiatric or psychological evaluation addresses an individuals' mental and emotional status, provides diagnostic information and makes appropriate…
Read More
Lohan Sent to Jail for Probation Violation
According to the LA Times, Lindsay Lohan surrendered herself today and has been booked in county jail. Lohan was sentenced to 90 days in jail after violating the terms of her probation from her DUI conviction by failing to attend the required alcohol classes. Due to the overcrowding at Los Angeles County Jails, Lohan will most likely not have to serve the entire 90 day term. It is unspecified as…
Read More
Mother Facing Felony Charges in Murrieta Pit-Bull Attack on 6-month-old child
A woman whose 6-month-old son was attacked by two pit bulls in Murrieta after she left him alone with the animals has been charged with felony child endangerment. . The attack occurred in April inside a condominium on Arboretum Way. The baby boy was fastened in a car seat and had been bitten by a pit pull while the boy's mother and a male friend were in another room. Police…
Read More
Former NFL Star Lawrence Taylor Pleads Not Guilty to Rape – California Penal Code 261.5
According to ESPN, Former NFL star Lawrence Taylor entered a plea of not guilty to charges of statutory rape and solicitation in a New York court. Taylor is accused of soliciting a prostitute in a case involving a 16-year-old runaway girl. Prosecutors say Taylor paid the 16-year-old girl $300 to have sex with him. The next court hearing is set for August 24, 2010 for a preliminary hearing. A preliminary…
Read More
Barefoot Bandit Arrested in the Bahamas – California Penal Code 487
According to the LA Times, the "Barefoot Bandit" has been caught and arrested in the Bahamas. Colton Harris-Moore, 19, has allegedly been on a crime spree for two years across four states and the Bahamian islands. His evasions and thefts had gained him a cult following. Harris-Moore has had frequent brushes with the law including a 2008 detention. He escaped from a halfway-house and it is is alleged that he…
Read More
Police Arrest Man Suspected to be the Grim Sleeper – California Penal Code 187
It was recently reported in the LA Times that the police arrested the alleged "Grim Sleeper" serial killer. Police went into the South L.A. home of David Franklin, Jr., 57, and arrested him without incident. Franklin is charged with 10 counts of murder and 1 count of attempted murder. Nicknamed after taking long breaks between killings, the Grim Sleeper is alleged to have committed murders from 1985 to 2007. Detectives…
Read More