Texting Teen Convicted of Vehicular Homicide – CPC 192(c)
Texting Teen Convicted of Vehicular Homicide – CPC 192(c)
In a Massachusetts case that is likely to have nationwide impact, accordingly to , a teenager was found guilty of motor vehicle homicide after causing an accident as he was texting while driving. He was the first person in that state to be charged and convicted of motor vehicle homicide for texting while driving. The defendant had pleaded not guilty to a series of charges before being convicted in court…
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DUI Convictions Due to Drugs
Not all driving under the influence convictions in California involve alcohol. For a conviction based in whole or part on drug use: 1. The drug must be a substance or combination of substances other than alcohol that can impair driving to an appreciable degree (California Vehicle Code section 312); and 2. It must be proved that the defendant was in fact impaired by that drug (People v. Enriquez (1996) 42…
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Supreme Court Denies Request to Review Taser Use
The Seattle Times reports that the Supreme Court has decided not to review two cases which highlight a long-undetermined issue: how much latitude do officers have in using Taser guns against suspects. The denial of this much-anticipated review will likely leave the issue largely unresolved. An appellate court combined two cases from two states in determining that while police officers used excessive force, they cannot be sued in federal court.…
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Coach Arraigned on Charges of Child Molestation
A coach who has been released from his position at Bellflower High School was arraigned at Norwalk Superior Court on Monday. He pled not guilty to 20 felony counts related to alleged incidents of molesting his stepdaughter over a four year period. Bryan E. Shepherd has been in custody since December on charges that he repeatedly performed sexual acts on the minor beginning when she was 13. Allegations include child…
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When a Careless Word Becomes a Terrorist Threat [Penal Code Section 422]
"Keep talking and I'm going to get my gun!" Careless words, even when spoken in jest, can leave a person vulnerable to prosecution. Certain criteria must be met under the provision which covers terrorist threats in Orange County – including that the recipient of the threat must be rendered fearful – but gray areas can become a matter of judgment. The term "terrorist" carries connotations which may leave a person…
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The Downside of Using a Public Defender
For some individuals who are truly destitute financially, a public defender in Orange County may be the only option. However, as with anything else, getting legal services for free can come with a price. Moreover, a public defender may not be free at all. While public defenders must pass the California Bar, they generally are new to law. Moreover, top graduates often get offers with good firms right out of…
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Should You File an Appeal or Writ of Habeas Corpus?
Individuals are often confused by the distinctions between appeals and Writs of Habeas Corpus. The latter, translated "you shall have the body" is in many instances used when a person convicted of a felony seeks to have his case reconsidered. Whether a person should file one or the other, or indeed both, is a matter that can be rather complicated. Both are used in the appellate process. In a nutshell,…
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What Motivates Shoplifters?
Shoplifting in Orange County is so common that many people who otherwise consider themselves upstanding citizens have committed an offense at one time or other. Just switching a price tag with another from a less-expensive garment is stealing. Indeed, some minor offenses may not even seem unethical to many. However, shoplifting is serious, and can carry harsh penalties. Shoplifting is an equal opportunity offender. Individuals from every background imaginable are…
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What Kind of People Will We Be?
Yesterday a 20 year old young man by the name of Robert came into my office. He was brought to our country by his parents when he was 2. His parents struggled to find work and somehow their young boy was able to eat 1 or 2 meals a day. He worked hard at school and graduated from high school with a 4.2 GPA. All he wants to do is…
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If You Use Your Car in an Assault
California roads and highways are frustrating places to be nowadays. Myriad drivers sit in traffic each day during their commutes to work or school. Minutes snail by, drivers honk or attempt impossible lane changes, pedestrians on the shoulder of the road pass by. Maintaining equanimity under such circumstances can be monumentally difficult. And as drivers lose patience, are late, just feel they can't take it anymore, they sometimes make rash…
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