Soprano’s Star Arrested on DUI Charges – California Vehicle Code Section 23152, 23536
Soprano’s Star Arrested on DUI Charges – California Vehicle Code Section 23152, 23536
It was recently reported by TMZ that Soprano's star, Joseph Gannascoli was arrested early Friday morning and charged with drunk driving. Gannascoli was arrested after officers claimed they observed him making a wide right turn and then drifting between lanes. After the officers stopped Gannascoli, they noticed that he had bloodshot eyes, smelled of alcohol, and slurred his speech. The actor submitted to a field sobriety test and blew a…
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Lindsay Lohan Allegedly Cleared from Probation Violation in Nonviolent Drug Possession Offense– California Penal Code Section 1210.1
TMZ recently reported that Lindsay Lohan may be cleared of her potential probation violation. Following the MTV Movie Awards, Ms. Lohan's SCRAM alcohol monitoring bracelet detected alcohol in her system, a clear violation of her probation. However, it is reported that the following morning, Ms. Lohan went to the L.A. County Probation Department where her urine tested negative for alcohol. Allegedly, sources connected with the Probation Department have stated that…
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PRESCRIPTION PAIN MEDICATION AND THE CONFLICT BETWEEN DOCTORS AND THE FEDERAL GOVERNMENT
Federal prosecutors charged Dr. Stephen Schneider and his wife Linda, a nurse, with illegally prescribing and distributing pain medication to drug abusers out of their Kansas clinic. The defendants argue that the prescriptions were for the legitimate treatment of medical symptoms. If convicted, the defendants face up to life in prison. Prosecutors allege that the Schneiders operated a "pill mill," regularly prescribing painkilling drugs more powerful than symptoms warrant and…
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CONVICT MAY GO FREE BECAUSE OF HIS ATTORNEY’S FAILURE TO INTERVIEW KEY WITNESS
According a recent Ninth Circuit ruling, a Los Angeles man convicted of murder and attempted murder will be able to argue that his conviction should be overturned because his trial lawyer did not interview the survivor, who stated that the defendant did not shoot him. In 2003, Deandre Maurice Howard was convicted of shooting two people outside a liquor store, killing one. Howard repeatedly asked his trial attorney to question…
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Van der Sloot Charged with the Murder and Robbery of 21 year old Student in Lima, Peru – California Penal Code Sections 187-199, and 211-215
CNN recently reported that Joran van der Sloot has been officially charged with the murder and robbery of a 21-year old student in Lima, Peru. Van der Sloot was also one of the prime suspects in the 2005 disappearance of American teenager Natalie Holloway, but was never charged due to a lack of evidence. Van der sloot is thought to be responsible for the murders of both Holloway and Flores.…
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What Kind of Agreement Or Partnership Amounts To Criminal Conspiracy In California?
Conspiracy is a complicated area of criminal law. In general terms, a "conspiracy" is an agreement or partnership in criminal purpose. Each member or the alleged conspiracy becomes the agent or partner of every other member. When evaluating the prospect of criminal allegations of conspiracy, consider whether some sort of agreement (formal or informal) was in place. Additionally, this "agreement" needs to be followed by the commission of any overt…
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What Must Prosecution Prove To Charge and Convict You Of Carjacking?
The crime of carjacking comes under the broad scope of California theft-related offenses. To be guilty of carjacking in California, the defendant must have taken a motor vehicle from the custody of another person by force, violence, or assault. For the prosecution to meet its burden for a carjacking conviction, it must be proven, beyond a reasonable doubt, that the taking was with the intent to temporarily or permanently deprive…
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Consequences of Wrongful Arrests in Domestic Violence Situations
In the context of a domestic dispute, arresting the wrong individual has significant legal consequences, but also other consequences that are not as apparent. A concern that is largely overlooked are the effects that a wrongful arrest can have on victims, especially children. Children are very insightful and more intuitive than people realize. Children embroiled in domestic disputes are learning to distrust police. In cases where both parents are arrested,…
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How Circumstantial Evidence Can Be Used In DUI (Driving Under The Influence) Cases – California Vehicle Code Section 23152
If you were arrested for drinking and driving even though no police officer actually saw you driving a vehicle, the Orange County District Attorney and the Department of Motor Vehicles (DMV) may still proceed with your DUI case. Because of this, it is important to have an experienced Orange County DUI lawyer if you are arrested for driving while intoxicated. The prosecutor and the DMV may introduce circumstantial evidence (as…
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California Domestic Violence Laws Apply Equally To Men and Women – California Penal Code Section 273.5
When an individual (male or female) uses violence upon another, which is not in self-defense, it is considered a crime. In the arena of domestic disputes, domestic violence laws are intended to apply equally to men and women. Police officers and prosecutors are required to evaluate the facts and alleged offenses in each case, all while considering the intent of the law to protect victims of domestic violence from continued…
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