WHAT IS WRONG WITH OUR CRIMINAL JUSTICE SYSTEM
WHAT IS WRONG WITH OUR CRIMINAL JUSTICE SYSTEM
With the recent "law and order" attitude that seems to prevail in our society it is fueling our state legislators to continue to pass laws increase prison sentences for those convicted of crimes. A direct result of this hysteria is to bring our jail system to the brink of disaster. At the present time the Los Angeles County Jail is so overcrowded that if you have the misfortune of finding…
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Smoking weed with your kid brother or sister could land you 3 years in jail!!!!
Usually if someone over 18 is caught smoking weed with someone under 18, they will be charged with the misdemeanor crime of contributing to the delinquency of a minor. However lately the District Attorney's office has been choosing to punish the exact same act with felony consequences. The same act of contributing to the delinquency of a minor can also be charged as a felony, Health and Safety code 11361…
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PUT OUT THAT CIGARETTE AND DRIVE
At least if there is a person under age 18 in the vehicle. Effective January 1, 2008, it is unlawful in California for any person in a motor vehicle (whether a driver or passenger) to have in his or her possession, a lighted pipe, cigar, or cigarette, if there is a minor in the vehicle. The law applies whether the vehicle is moving or is at rest. Any person caught…
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POLICE OFFICERS BARRED FROM SEARCHING THE RESIDENCE OF A PERSON THAT THEY SEE SMOKING MARIJUANA
A recent opinion by the California Court of Appeals has ruled that it is an UNLAWFUL SEARCH AND SEIZURE when law enforcement sees a person smoking marijuana in their apartment and then enters the apartment and finds evidence of other drug crimes. The "evidence" that the officers seized during the search was held to be illegal. The court of appeals stated that since possession of marijuana of less than one…
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People v. Merlen, CA 3rd district, Case No. C051678, unpublished opinion has very good material regarding expert testimony re use of ambient and DUI.
Facts: The defendant was involved in a traffic collision and was injured in the collision. The other party involved in the collision was killed and defendant was charged with gross vehicular manslaughter and convicted at trial. He appealed the conviction on the grounds that the police officer that testified at trial was not qualified to rely on the toxicology report in rendering his opinion that he was under the influence…
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BE CAREFUL WHO YOU HIRE AS YOUR LAWYER – HE MAY NOT BE A LAWYER AT ALL
When you or a loved one are facing a criminal charge you are in a vulnerable position. There are many people who will take advantage of that vulnerability. There are even those who will pretend to be a lawyer and make promises that they could never keep in order to get your trust and more importantly for them, your money. A recent case reported in the Los Angeles Daily Journal…
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NO MORE AUTOMATIC EXPUNGEMENTS FOR DUI AND OTHER DRIVING CASES
Under current law, a person who is convicted of most crimes, and who is placed on probation, and who completes his or her probation successfully, has a right to have his or her conviction dismissed or "expunged" from his or her record. (Pen. Code, § 1203.4, subd. (a).) Under the law, so long as the defendant successfully complies with all terms of probation for the entire period of probation, the…
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NEW LAW PROHIBITS SALE OF INFORMATION
In an attempt to make life just a little harder for tabloid publications and scandal sheets, the legislature has enacted a law that makes it a misdemeanor crime for a peace officer, court employee, or attorney employed by a public agency, to "[d]isclose[] for financial gain, information obtained in the course of a criminal investigation, the disclosure of which is prohibited by law" or who "[s]olicits, for financial gain, the…
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INVOLUNTARY PSYCHIATRIC HOLDS IN CALIFORNIA
A recent incident involving pop singer Brittany Spears brought to the public's attention section 5150 of the Welfare and Institutions Code – the statutory procedure for involuntarily committing an individual to a mental health facility. Under the law, if a certain designated professional, such as a law enforcement officer, or mental health professional, believes that a person is, as a result of a mental disorder, either, a danger to him…
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HANG UP AND DRIVE – PART II
Effective July 1, 2008, minors (i.e., persons under age 18) in California will not be permitted to use any cellular telephone or other "mobile service device" such as a laptop computer, or text messaging device while driving a motor vehicle. Under the law, a minor may not use a cellular telephone while driving, even if the telephone is equipped with a "hands-free" device. Violation of the law is an infraction…
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