A California Court Has Ruled that Prohibiting a Juvenile from Possessing a Firearm Does Not Violate the Second Amendment
A California Court Has Ruled that Prohibiting a Juvenile from Possessing a Firearm Does Not Violate the Second Amendment
On appeal, a Defendant in California sought to overturn his conviction for gross negligence in discharging a firearm, possession of a firearm by a juvenile. The defendant in this case was previously made a ward of the juvenile court. As such, he was prohibited from possessing a firearm until the age of 30. The United States Supreme Court's recently held that a city's ban on handguns violates the Constitution's right…
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Do Criminal Defense Attorneys Have to Advise Immigrants of the Consequences to Their Immigration Status Before They Plead Guilty to a Crime?
On Tuesday, October 13, 2009, the United States Supreme Court heard oral arguments in Padilla v. Kentucky in which the issue was whether criminal defense attorneys are required to advise their clients of the consequences to immigration status if he or she pleads guilty to a crime. If the court were to decide in favor of the defendant, then this would mean that every California criminal defense attorney would be…
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What is “Drunk in Public” Under California Law?
California Penal Code 647(f) makes it a misdemeanor crime to be found in any public place under the influence of any liquor, drug or controlled substance if: (a) The person's public intoxication makes him or her unable to exercise care for his or her own safety or the safety of others; or (b) By reason of the public intoxication, the person "interferes with or obstructs or prevents the free use…
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Hollywood Reckless Driving and DUI Defense Lawyers
The city of Hollywood is a renowned district in Los Angeles, California. Situated just west-northwest of Downtown LA, Hollywood is widely known for being the historical center of movie stars and movie studios. Some of the most prominent landmarks in Hollywood include the Hollywood Bowl, Grauman's Chinese Theatre, Capitol Records, the Griffith Park Observatory, and the Shrine Auditorium. Approximately 210,777 people live in Hollywood, which has a population density of…
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Overhaul of Federal Immigration Detention Facilities
On Tuesday, October 6, 2009, Federal Officials promised to do a comprehensive review of every contract and consider new agreements to reform the immigration detention system. Back in 2007, federal officials were to pay $51 million to expand the Mira Loma facility to house and additional 1,400 immigrants. This facility is currently the largest in the state and is run by the Los Angeles County Sheriff's Department. The reform is…
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Are Treatment or Specialty Courts the Answer?
In California, there are 217 "problem-solving" courts. Many are Proposition 36 courts that treat non-violent but severely addicted drug offenders. Other courts are drug treatment courts for juvenile, parents in dependency court, and regular drug treatment court. The idea behind these specialty courts was to "use the trauma of the moment to move individuals caught up into the system into treatment in hopes of breaking the addiction and transitioning them…
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Valencia Reckless Driving and DUI Attorneys
The city of Valencia is a planned community that along with three other communities, joined to form Santa Clarita, California in 1987. The region of Valencia is frequently used as filming locations for many TV series', past and present. Valencia is also recognized for its paseos, a network of walkways that connect the entire community without crossing streets at grade. The population of Valencia is estimated to be 32,642, and…
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Criminal Defendant Wanted a Jury Instruction But Failed to Set Up the Proper Defense
In May of 2009, in the County of Riverside, Michael Houston Chaffin was convicted of committing domestic battery. At his trial, the defendant argued that the trial court erred by refusing to instruct the jury on his affirmative defense. Meaning, the defendant argued that the judge made a mistake when he or she failed to instruct the jury "on the right of a landowner to use reasonable force to eject…
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Prosecution Has Wide Discretion in Deciding What Criminal Charges to File, If Any
In Orange County, California, Joel Miranda, has been indicted on gross vehicular manslaughter charges for killing a pedestrian while driving a vehicle under the influence of alcohol. Miranda's blood alcohol level was almost three times the legal limit, at 0.23%. Allegedly, Miranda fled the scene of the fatal crash. Miranda pleaded not guilty and his bail remains at one million dollars. The defendant has three prior DUI convictions. Other similarly…
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Recent “Pulp Fiction” Writer’s DUI Sentencing
Roger Avary, the Oscar-winning screenwriter of Pulp Fiction, was sentenced Tuesday in a Ventura court. He also received five years of probation. Avary pleaded guilty in August to gross vehicular manslaughter and drunken driving for the 2008 crash that killed a passenger in Avary's Mercedes in Ventura County. Authorities say Avary's car was traveling at more than 100 mph when it crashed into a telephone pole. Avary's wife was ejected…
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