Limiting Visitation of a Juvenile Offender is Unconstitutional
Limiting Visitation of a Juvenile Offender is Unconstitutional
A juvenile offender was placed out of home under the delinquency laws in a private therapeutic program in lieu of any juvenile hall time. The court then delegated visitation authority to the private program. Meaning that parents of the juvenile were limited to the program's visitation schedule. The program also restricted the number of visits the parents had with the child. The parents challenged the court's ruling and prevailed. The…
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Don’t Let the Judge Make You Pay for “Legal Assistant” Fees In Error
It is commonly understood by parties to a family law case, such as a divorce, that there are times when you can ask the judge to order the opposing party to pay for your own legal fees. Legal fees will typically include attorney fees and paralegal or legal assistant fees. But watch out, not all paralegals are created equally. Better said, not all people who claim to be paralegals are…
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Wrongfully convicted wants FBI analyst fired
In 2000 a man who spent 12 years in state prison was released after DNA evidence exonerated him. The man was wrongfully convicted of a rape and robbery after a Sheriff's detective in Riverside County fabricated a statement from a witness that placed the man near the scene of the crime. Several years after the man was convicted, a private investigator tracked down the witness who signed a sworn statement…
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A Prior Juvenile Conviction Could Lead to More Jail Time
The California Court of Appeal recently ruled in People v. Vincent Tu, that a prior juvenile adjudication could be used to enhance an adult offender's sentence. Tu plead guilty to, among other things, voluntary manslaughter. On the manslaughter charge, the court sentenced Tu to an upper 11 year term. In sentencing Tu, the trial court relied on several factors in support of the upper term including the fact that ".…
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SEX OFFENDER REGISTRATION – WHAT A MESS!
There is no doubt that California laws are complicated. Anyone who has ever tried to read a "code section" or "statute" knows that the paragraphs are meticulously labeled – supposedly to make them easier to read – and in fact without the designation of paragraphs and subparagraphs it might be impossible to understand most laws. A good example of just how complex and detailed they are is California Penal Code…
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SEIZURE OF CARS BY LOCAL CITY ORDINANCES HELD UNCONSTITUTIONAL
In at least 28 cities in California law enforcement can seize and sell your car if they believe that it was being used to sell drugs or to engage in prostitution. These laws have led to a high number of people losing their valuable property. The cities claimed in a recent court of appeals case that they need to have this additional tool (to seize and sell the vehicle) as…
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Death Penalty Investigator Sentenced to Five Years
Kathleen Culhane, a death-penalty investigator, was sentenced to five years in prison for falsifying documents which lead to delays in several executions she investigated. Ms. Culhane admitted to falsifying the statements of former jurors, witnesses, and even a police officer in four death-penalty cases. Although Ms. Culhane says she is not sorry for what she did, her actions have undermined the legal process and hurt those jurors and witnesses whose…
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THAT’S NOT MY SIGNATURE! SOMEONE STOLE MY IDENTITY!
Monday morning, 8:30a.m. A well-dressed lady with an unintelligible accent pleads with the judge that she is not guilty of seven counts of welfare fraud. The judge has none of it; and sets bail at seventy-five thousand Dollars. "I didn't do it. I swear I didn't do it." She cries as she's taken into custody. It doesn't have to be this way. A client of mine was recently accused of…
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TAKING BLOOD BY FORCE:
A citizen arrested for DUI usually has the right to choose between taking a breath test or a blood test. There is, of course, a third choice: refuse to take either. The individual can do this, but there are consequences: he will face an increased jail sentence or a longer driver's license suspension - or, in most states, both. The problem is that some police just won't take "no" for…
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Curfew laws in California
Curfew laws restrict the rights of minors (under 18) to be outdoors or in public places during certain hours. Currently there is no state curfew. Such laws are typically passed and enforced by local cities and counties. Courts in California have generally upheld such laws as long as the local ordinance seeks to discourage "loitering" or "remaining" in certain places after certain hours. Under state law, parents can be charged…
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