In an Important Appellate Decision, the CA Courts of Appeal 3rd District Rules that any Probation Condition if Violated- Must be done KNOWINGLY
In an Important Appellate Decision, the CA Courts of Appeal 3rd District Rules that any Probation Condition if Violated- Must be done KNOWINGLY
In a case out of Sacramento, a man was placed on felony probation for a DUI. One of the terms and conditions of his probation was that he "not drink any alcoholic beverages, possess any alcoholic beverages, or be in any place where it is the chief item of sale". The issue was- that this term and condition did not have a qualification that to violate his probation, he must…
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Highly Respected Orange County High School Teacher Acquitted of all Charges of Sexual Misconduct with a Student
An Orange County jury found Christopher Ontiveros, a former high school history teacher at Oxford Academy, not guilty of engaging in sex acts with a 17-year-old female student. Mr. Ontiveros was charged with three felony counts of sexual penetration of a foreign object of a minor, one felony count of oral copulation of a minor, and one misdemeanor count of contacting a child with the intent to commit a specified…
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I was asleep in my car drunk and the cops woke me up and arrested me for being “drunk in public.” Can I be convicted for this charge (PC 647f) if I was not “in public”, but merely sleeping my drunkenness off in my car in a parking lot at a bar?
Yes! Under California Penal Code Section 647(f), "public drunkenness" is a crime of disorderly conduct and is commonly charged as a misdemeanor. In order for the prosecution to convict you of "public drunkenness", it must prove several elements: 1) that you were willfully under the influence of alcohol and/or drugs, 2) that, at the time you were under the influence, you were in a public place, and 3) you were…
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If convicted of a DUI in Orange County; do I have to take alcohol class??
Almost universally in California; courts will require defendants who are convicted of a DUI in Los Angeles to take a state approved alcohol education course. In addition, the California DMV requires the enrollment in a state approved alcohol education course before a licensee can get their driving privileges back, once they've been convicted of a DUI. Below is a summary of the different courses one will have to take; depending…
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New sex offender Bill, AB 755, pending in the California Legislator will require all registered sex to provide all their computer and internet information to local law enforcement.
Existing law, the Sex Offender Registration Act, requires persons who have been convicted of specified sex offenses to register with local law enforcement. Existing law requires that the registration include the person's address, fingerprints, current photograph, and license plate number. Existing law requires the registrant to update his or her registration annually, upon moving, or upon changing his or her name. Under existing law, failure to register is a crime.…
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Supreme Court Rules Age Is Significant When Law Enforcement Questions Suspects
The case before the United States Supreme Court dealt with whether a 13-year-old boy should have been notified of his "Miranda" rights. Including telling him he need not answer questions before being questioned by police officers. The boy was suspected of committing several burglaries. After first denying any involvement, the minor admitted breaking into several homes and stealing items. The United States Supreme Court's decision in the Miranda case established…
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What Must Be Considered To Establish A DUI Suspect’s Blood Alcohol Content?
If the prosecution cannot establish a solid drinking pattern for a DUI suspect, then any chemical blood alcohol test is subject to interpretation and attack. Hiring an experienced Los Angeles DUI defense attorney, like the attorneys at Wallin & Klarich, is critical. When trying to establish a DUI suspect's blood alcohol content "at the time of driving" several important factors must be considered: (A) DUI suspects drinking pattern (usually uncovered…
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Does Opening a Garage Door with a Remote Control With the Intent to Commit Burglary Constitute a Burglary Under California Penal Code Section 459?
No! In the recent case of People v. Magness, the California Court of Appeal for the Third Appellate District overruled the trial court's determination that the defendant's use of a remote control device to open the victim's garage door with the intent to commit a burglary constituted a burglary under California Penal Code Section 459. The court of appeal held that when a person uses a remote control device to…
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What Happens If I Am Convicted Of Lewd Acts With A Minor In California??
The penalties for violating California's "lewd acts with a minor" law vary, depending on 1. the age of the child (and possibly the age difference between you and the minor), and 2. the specific facts of the case (for example, did the act involve force or violence?), and 3. your criminal history. If prosecutors charge you with California child molestation when the alleged victim is 14 or 15 years old…
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I Have a Serious Medical Condition, Do I have a Chance For Parole?
Medical Parole- Adds Pen. Code § 2065, and adds Title 2.3 (commencing with § 3550) to Pen. Code Part 3. Governor Arnold Schwarzenegger approved a measure which will allow state prisons to release comatose and physically incapacitated inmates on medical parole. Starting in 2011, the new law will give the Department of Corrections and Rehabilitations the authority to grant medical parole to an inmate who is permanently incapacitated with a…
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