Paving the Way for Not Guilty by Reason of Insanity?
Paving the Way for Not Guilty by Reason of Insanity?
Recently CNN reported that Philip Garrido, the Northern California man who is accused of abducting Jaycee Lee Dugard, believed that he was able to speak to his neighbors and anyone in the world through a black box without speaking. Authorities claim that the Garridos held Jaycee Dugard captive for almost twenty years. Philip Garrido, who is a registered sex offender and fathered Dugard's two children, pled not guilty to the…
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Mel Gibson Does His Best to Forget His 2006 Conviction for Drunk Driving
Mel Gibson's 2006 misdemeanor conviction for driving under the influence of alcohol never happened. At least according to his criminal record. Los Angeles County Superior Court Judge Lawrence J. Mira granted Actor Mel Gibson's request to have his criminal record expunged. As a first-time drunk-driving offender, Gibson was eligible to have the conviction removed from his record after completing the terms of his probation. As terms of his probation, Gibson…
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Ontario Reckless Driving and DUI Attorneys
The city of Ontario is a great contributor to San Bernardino County's culture and prosperity. With an estimated population of 171,691 in 2000, it may not surprise many people that Ontario's population has increased to almost one hundred times the size it was one hundred years ago. Now, Ontario is home to a small international airport and an ECHL hockey team, the Ontario Reign. Ontario is a chief focal point…
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Clean Your Record
In todays world, employers are doing background checks on perspective employees looking for criminal records. It is more important then ever to make sure your record is as clean as possible. Many doors of opportunity may close if you do not clean up your criminal record. At Wallin & Klarich, we have been assisting people for over 30 years in cleaning up their record. If you or a loved one…
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Legality Of Stop And Search Of A Vehicle (Part 3)
The concepts of "independent source" and "inevitable discovery" may serve to allow the introduction of illegally seized items into evidence. The prosecution must be able to show that the items discovered would have been inevitably discovered regardless of the illegal search or seizure. The prosecution will try and introduce and independent source or means, satisfying the doctrine and avoiding the protections of the Fourth Amendment exclusionary rule. A criminal defense…
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Irvine Reckless Driving and DUI Attorneys
As a major suburb in Orange County, the city of Irvine has an approximate population of 207,500. As the home of many Universities and situated within close proximity to popular beach sites such as Newport and Laguna, Irvine's population is on the rise and receives many tourists on a regular basis. Irvine was deemed the fourth best place to live in the entire United States by in 2008 due to…
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Legality Of Stop And Search Of A Vehicle (Part 2)
For the "exclusionary rule" to apply, the search and seizure must have been conducted by a peace officer or other "state agent." Evidence discovered by a non peace officer or private citizen does not fall within the protections of the exclusionary rule, and need not necessarily be suppressed. A fact intensive analysis of the surrounding circumstances is important when determining whether the "private citizen" was acting at the order or…
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Legality Of Stop And Search Of A Vehicle (Part 1)
If it can be determined that law enforcement conducted an illegal search of a motor vehicle, that does not necessarily mean that the evidence which results must be suppressed. There are certain circumstances which trigger an exception to the "exclusionary rule." Standing If a defendant cannot establish "standing" to object to the search, it is irrelevant if the search was lawful. To determine standing, courts look to whether the individual…
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Hofstra University Student Falsely Accused of Rape Return to School
On Friday, September 18, 2009 a Hofstra University Student returns to school to after being falsely accused of rape. Authorities dropped charges and freed four men, one of which was a Hofstra student, hours after their accuser told law enforcement that she had made up the sexual assault. The accuser initially said that she had been forcibly tied up and sexually assaulted in a dormitory bathroom. However, after authorities told…
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Mental Disease or Defect in a Homicide Case
When a person causes an unlawful killing of another human being with "malice aforethought", this is considered murder. "Malice aforethought" is when the defendant had the intent to kill, the intent to cause serious bodily harm, consciously disregarded human life or committed a felony and a person was killed as a direct result of that felony. Thus, malice is implied when the defendant is subjectively aware that his or her…
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