Have you or a loved one ever been accused of torture or aggravated mayhem?
Have you or a loved one ever been accused of torture or aggravated mayhem?
A woman has been arrested on suspicion of drugging her estranged husband and cutting off his penis with a knife and throwing his penis in the garbage disposal and then turning the disposal on. Catherine Kieu Becker, appeared in court this week on felony charges of torture, aggravated mayhem as well as sentencing enhancements for great bodily injury and personal use of a knife. The maximum time she faces for…
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Can I receive credit from a civil judgment when determining the amount of restitution owed to a victim of crime?
When a person commits a crime, he or she will have to deal with criminal prosecution and a potential civil lawsuit by the alleged victim. Often times when there is a conviction, the victim may seek restitution in the criminal case, even after receiving money from a civil judgment. As such, Courts tend to struggle to determine how much credit a defendant can receive for payments to a victim by…
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I’m supposed to register as a sex offender. What are the ground rules? – California Penal Code Section 290
If you are convicted of a sex crime that triggers the lifetime requirement to register as a sex offender, you will be responsible for abiding by certain requirements. A failure to do so can result in additional jail time. If you were convicted of a felony sex offense and you violate the registration requirements, you can be thrown into state prison for up to three years. You can spend up…
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What is the difference between “Meghan’s Law” and “Jessica’s Law”?
Megan's Law Megan's Law allows the state to post your picture and address on the Department of Justice website if you have been convicted of certain sex offenses. The date of conviction does not matter. In certain cases, it is possible to have your name, address, and picture taken off the website. For instance, if your conviction is for a misdemeanor violation of Penal Code sections 647.6 (annoying or molesting…
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Los Angeles Criminal Threats Prosecution
The elements to convict for criminal threats in Los Angeles are defined in People v. Toledo (2001) 26 Cal.4th 221, 227-228. In order to prove a violation of section 422, the prosecution must establish all of the following: The defendant "willfully threatened to commit a crime which will result in death or great bodily injury to another person," The defendant made the threat "with the specific intent that the statement…
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What Punishments Can I Face If Convicted Of A Hate Crime
According to the Los Angeles County Sheriff's Department, detestable messages targeting gays were found scrawled outside a business in Lancaster Sunday. Spray painted messages such as "Kill All Gays Now" and "Gays Go 2 Hell" were spray painted outside the business between 10 p.m. Saturday and 5 a.m. Sunday. According to the Sheriff's Department, the matter is being treated as a hate crime. In California, a misdemeanor hate crime is…
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Riverside Criminal Attorney Asks: Have You Failed to Appear in Court?
When you receive a citation to appear in court for a traffic ticket and then the date comes and you don't show up for court, the Judge will issue and bench warrant for your arrest. In this situation, you have turned a potential fine and penalties of the Department of Motor Vehicles into potential loss of freedom and misdemeanor conviction on your permanent record. Call a Riverside Criminal Attorney to…
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Biking Under The Influence (BUI) is Against the Law.
More frequently people are using various forms of transportation including bicycles. Did you know that there are similar laws that apply to a person riding a bicycle, just like the rules of the road, including laws about drinking and riding a bicycle. Under California Vehicle code section 21200.5, it is unlawful for any person to ride a bicycle upon a highway while under the influence of an alcoholic beverage or…
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Under California Law, A Person Convicted Of Theft Of A Motor Vehicle May Have Their Driving Privileges Suspended Or Revoked.
According to a recent study, motor vehicle thefts in California occur at a rate of double the national average. Motor vehicle related thefts are one of the most common charges filed against a defendant in California. California Vehicle Code Section 10851, states that "any person who drives or takes a vehicle not his or her own, without the consent of the owner thereof, and with intent either to permanently or…
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What happens when doubt is declared concerning a defendant’s competence? Penal Code Section 1368. Part 3
When doubt is declared concerning a defendant's competence, all criminal proceedings are suspended until there has been a determination on the defendant's competence. The court is bound under Penal Code §1368(c) to suspend criminal proceedings until the defendant is determined to be competent. When the criminal proceedings are stopped, all time limitations are suspended as well. In the case where doubt was declared in the middle of a jury trial,…
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