I am Charged with Stalking, Penal Code § 646.9(a). What Does the Prosecution Have to Prove In Order to Convict Me?
I am Charged with Stalking, Penal Code § 646.9(a). What Does the Prosecution Have to Prove In Order to Convict Me?
Every person who willfully, maliciously, and repeatedly follows or harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety or the safety of his or her immediate family is guilty of stalking under Penal Code 646.9(a). If you or a loved one are charged with stalking under Penal Code § 646.9(a), it is important to know…
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I HAVE BEEN CHARGED WITH A FEDREAL CRIME…HOW WILL THE COURT DETERMINE MY SENTENCE IF I AM FOUND GUILTY?
One can only hope to never be charged with a Federal crime. But if you are, Federal sentencing has become the most crucial stage of the criminal justice process. Sentencing consequences is a major consideration for decisions made earlier in the process, including: • the prosecutor's selection of charges • the defendant's decision whether/when to cooperate with the government • the defendant's decision whether/when to plead guilty • the terms…
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Domestic Violence in California
Penal Code 273.5 pc Corporal Injury to a Spouse or Cohabitant -- (a) Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition, is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three,…
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Number Of Pharmacies Targeted By Robbers Continues To Increase In The United States
More and more across the country, law enforcement is delaing with a rise in the number of pharmacies that are robbed. The reason for the increase in the robberies, many experts say, are atributed to addicts seeking the powerful painkiller Oxycotin. The number of addicts hooked on Oxycotin has dramatically increased in the last several years. In California, robbery is codified under Penal Code Section 211. It states in pertinent…
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I was arrested for domestic violence on my wife and the DA dropped the charges. Now she is going to court to try to get a restraining order against me? Can she do that?
The answer is that your wife can do this and it happens every day. When the police arrest someone for domestic violence they "hope" the District Attorney will file criminal charges. However, sometimes the DA will not file the criminal charges because they do not feel they will able to obtain a conviction. The police will often suggest to the spouse that is viewed as the "victim" to go to…
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If a defendant is declared incompetent, how long are they committed to a hospital and do they have to take medication? Penal Code Section 1368. Part 4
After there has been a determination that a defendant is indeed incompetent, the court will: order the defendant to be committed for treatment to restore competence and make an order regarding the defendant's antipsychotic medication. Under Penal Code §1370(c)(1), the maximum time for a defendant to be committed for a felony is the shorter of the two: - 3 years from the date of commitment or - the maximum term…
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A Minor Under The Age Of 21, Who Is Convicted Of Being Drunk In Public, Will Lose Their Privilege To Operate A Motor Vehicle
Under California law, the court must impose a suspension, or delay of driving privileges on minors who are convicted of being drunk in public. A conviction mandates the court to impose a one year license suspension, or delay the acquisition of a license, for a person 13 years of age up to 21 years of age. California Penal Code Section 647(f), states any person "who is found in any public…
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Collecting DNA samples from felony arrestees is now illegal in California
In the American justice system, you are presumed innocent until proven guilty in a court of law. How, then, is it legal for police to require you to give a DNA sample immediately after your arrest? According to a recent California court decision, it is not. In People v. Buza, a state appellate court ruled that it was unconstitutional for police to draw a DNA sample from suspects of a…
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Technology used to monitor individuals on computer related equipment is a permissible condition of supervised release
In July 2009, United States Secret Service obtained information that an individual in Lakewood, California was downloading child pornography from the Internet and obtained a search warrant of the home. During the execution of the search warrant, agents found Pio Quinzon occupying the home. Mr. Pio Quinzon pled guilty to possession of child pornography, which was found on his personal use computer. Several conditions were laid out for Mr. Quinzon,…
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Farrah Fawcett And Ryan O’Neal’s Son Arrested And Jailed For Drug Arrest
Redmond O'Neal was arrested and jailed in Los Angeles County after officers found heroin in his car. O'Neal is the son of actors Farrah Fawcett and Ryan O'Neal. Officers say they found heroin in O'Neal's vehicle after they stopped him for a traffic violation. O'Neal completed a drug diversion program stemming from a previous drug arrest, and is currently on probation as a result of that arrest in Los Angeles…
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