Can I be Criminally Prosecuted in California for Overdosing on a Controlled Substance? – Health and Safety Code Section 11376.5
Can I be Criminally Prosecuted in California for Overdosing on a Controlled Substance? – Health and Safety Code Section 11376.5
A recent California bill was passed into law that seems to recognize that drug addiction is more a disease than a crime. This is good news for those struggling with addiction. This new law under Health and Safety Code Section 11376.5 states that if you overdose on illegal drugs, you will not face criminal prosecution if you seek medical help. Not only does this law protect you against charges for…
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Search Warrants And GPS Tracking Devices In California: Penal Codes 1524 and 1534
In January of 2012 the U.S Supreme court held that the government's installation of a GPS device on a target's vehicle, and its use of that device to monitor the vehicle's movements, constituted a search under the 4th Amendment. This decision meant that law enforcement was required to obtain a search warrant before installing a GPS device on a vehicle. The California Legislature responded to the Supreme Court's ruling by…
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New Three Strikes Law under Proposition 36 Does Not Change the Law for All Persons with Two Strikes (California Penal Code 667)
Proposition 36 changed the prior Three Strikes Law, which allowed you to be sentenced to 25 years to life in prison if you had two prior "strike convictions" and were subsequently convicted of any other felony. Under the new Three Strikes Law if you have two prior strike convictions, but your current felony is not serious or violent you instead get a second strike sentence, which is double the usual…
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If My Name Was Placed On the Child Abuse Central Index (CACI) Before I Turned 18 Can I Get It Removed? (CPC 11169 and 11170)
Recently, the California Legislature made changes to California Penal Code 11169 and 11170, which requires the Department of Justice to maintain information about you on the Child Abuse Central Index (CACI) if you have been investigated or suspected of child abuse or severe neglect. Previously, the law required the Department of Justice to maintain information about you on the Child Abuse Central Index (CACI) even if you were suspected of…
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If You Go To Prison You Can Expect Inferior Medical Care And The Federal Court Just Ruled That Was Okay
If it wasn't bad enough that you may be headed to State Prison. Now the Federal Court of Appeals has said that you are not entitled to the same level of medical care as an ordinary. In a recent decision handed down by a 2 to 1 vote in the 9th US Circuit Court of Appeal it was decided that if you sue a medical physician who works in a…
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I’m Being Charged With Assault With A Deadly Weapon Under Penal Code 245(A) (1) In Riverside. How Can I Get My Sentence Reduced?
Assault with a deadly weapon is one of the most complicated crimes you can be charged with in California. A conviction of assault with a deadly weapon carries severe penalties. Beating these charges requires representation by a skilled and knowledgeable California criminal defense attorney. Understanding Assault with a Deadly Weapon Charges Penal code 245(a) (1) is a "wobbler" offense under California law, meaning it can be charged as a felony or…
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If You Are Accused of Domestic Violence The Alleged Victim Cannot Be Put In Jail For Refusing To Testify Against You! (PC 273.5, PC 243)
Being accused of domestic violence or corporal injury on a spouse is an extremely serious charge. It can result in all of the following: 1) A felony criminal record 2) Up to three years in jail 3) A very high fine 4) A criminal protective order placed upon you where you will not be able to live with your spouse or "significant other" (if they are the alleged victim) or…
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How Can I Clean Up My Penal Code 245(a)1 Conviction In Riverside?
California PC 245 (a) 1 in California is generally known as assault with a deadly weapon and can be a misdemeanor or a felony. If you were previously convicted of Penal Code 245(a) 1 in Riverside there may be a number of legal avenues open for you to "clean up" your record. The following factors will have an impact on whether you can clean up your conviction: • Whether probation…
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In California it is No Longer a Crime to Seek Medical Assistance in “Good Faith” for Drug Overdose (Health and Safety Code 11376.5)
Recently, California added Health and Safety Code section 11376.5, which states that if you are experiencing a drug-related overdose and seek out medical assistance in good faith, you will not be charged with a crime. In other words, you no longer can be charged with possession or being under the influence of the drug under California Health and Safety Code section 11550 if you seek out medical assistance in good…
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Riverside Woman Enslaved By Pimp As A Teen And Later Convicted Of His Murder Could Go Free! (PC 187)
A tentative settlement has been reached by Sara Kruzan's attorneys and Riverside County prosecutors to resolve her quest for a new trial in her 1994 first-degree murder case in Riverside when Kruzan, then 16, shot and killed her former pimp. It's unclear whether the settlement could lead to a new trial for Kruzan or an end to her prison term. A settlement could range from a new trial to a…
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