Leaving your child unattended in you car can lead to serious criminal consequences!! (California Vehicle Code Section 15620, California Vehicle Code Section 15620 (b), California Penal Code 273A)
Leaving your child unattended in you car can lead to serious criminal consequences!! (California Vehicle Code Section 15620, California Vehicle Code Section 15620 (b), California Penal Code 273A)
You're running into a store to grab some groceries, returning a video rental or picking some medicine from a pharmacy. You decide that there is little or no harm to leave your young child in the car unattended for a few minutes. The next thing you know you return to your car to find the police waiting for you. You are then either arrested or charged with a misdemeanor or…
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How Do I Defend Against Lewd Act Upon A Child Charges Under Penal Code 288 In California?
Lewd act upon a child charges under penal code 288 are among the most serious child molestation charges one can face in California and a single conviction on one count of this crime can result in a prison sentence of up to eight years and lifetime registration as a sex offender. If you or a loved one is being prosecuted for this crime it is important to know what the…
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How Long Will I Lose My Gun Rights Due To My Misdemeanor Conviction In California?
If you get convicted of certain misdemeanors in California you will lose your right to own or possess a firearm. In some cases the loss of 2nd Amendment rights lasts a period of ten years. In other cases, the right to bear arms can never be recovered. The length of the ban depends on the crime you were convicted of and whether the ban would be imposed under state or…
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Man Arrested And Charged With Kidnapping
A Monterey Park man is now facing some serious allegations after a female employee of his yogurt shop escaped from his storage room. The alleged victim freed herself and then contacted some people in the building who called police. Robert Yachen Lee, is now facing kidnapping and attempted murder charges for the abduction of one of his female employees when he allegedly knocked her unconscious and then after disrobing her…
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Orange County Child Pornography Possession Information
Starting back in 2009, a multiple prong investigation by the Justice Department and Homeland Security targeted several hundred people living in several countries across the world who they suspected were involved in a massive online child pornography ring. Recently, it was reported that the investigation has resulted, to date, in approximately 72 people being identified and charged with possession of and distribution of child pornography and sex crimes against children.…
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Voluntary manslaughter jury instruction is required where substantial evidence showed Defendant did not subjectively appreciate that their conduct placed the victim’s life in danger
Amalia Bryan was found guilty of second degree murder. Ms. Bryan argued that she got into a physical altercation with her live in boyfriend. The boyfriend had pinned Ms. Bryan down and began to strangle her. Ms. Bryan broke free and attempted to leave the residence. Ms. Bryan grabbed a glass candle holder. Also, as she was leaving the residence, she grabbed a knife in which she stabbed her boyfriend…
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Are DUI Checkpoints in CA Constitutional?
Sobriety checkpoints are temporary roadblocks on public streets or roadways designed to snare drunk drivers and cite others for violations of the CA Vehicle Code. The courts have established strict guidelines to govern the operation of sobriety checkpoints. Anyone arrested for DUI at a sobriety checkpoint should contact an experienced CA drunk driving attorney to determine whether the checkpoint was operated according to these guidelines. Sobriety checkpoints must be established…
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San Juan Capistrano Delays Voting On Ordinance About Sexual Offenders
In a meeting this week, all of the council members were in favor of the notion of making a new ordinance that would support the restricting of sex offenders out of San Juan Capistrano city parks. However, some legal concerns about a proposal prompted the City Council to delay a vote on it this week. Some of the Council members indicated that there are still many questions with the ordinance,…
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I’m Accused of Burglary in California. What are My Defenses?
While burglary's penalties can be quite severe, there are numerous defenses that a skilled California burglary defense lawyer can present on your behalf. The following are some of the most common. Intent Intent is critical to a burglary prosecution. If you don't intend to commit a theft or other felony upon your entry, you can't be convicted of burglary – period. Your intent becomes increasingly difficult to prove if the…
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I was convicted of crime by a jury in Orange County. My lawyer did nothing for me. How do you prove “ineffective assistance of counsel” on appeal?
The 6th Amendment to the US Constitution guarantees the right to effective assistance of counsel to every defendant in a criminal case. "Effective assistance of counsel" doesn't mean perfect counsel. A lawyer's representation of a client is "ineffective" only if it falls below an objective standard of reasonableness and prejudices (has a negative impact on) his defense. The burden is on the defendant to establish ineffective assistance of counsel. There…
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