Driving While Drunk Can Make You a Convicted Murderer – Watson Murder
Driving While Drunk Can Make You a Convicted Murderer – Watson Murder
Murder is quite possibly the most horrendous act any human being is capable of committing. There is not a single developed society in existence that condones the senseless taking of life in a manner that is deliberate and calculated. For this reason, a murder charge is severely prosecuted. As a capital offense, the penalty for murder can be death or life in prison without the possibility of parole. How can…
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2011 California Grand Theft Limits
Assmebly Bill 2372 Penal Code Section 487 amended This law changes the threshold from $400 to $950 to charge the crime of grand theft for stealing money, labor, real or personal property. "Existing law generally provides that grand theft is theft when the money, labor, or real or personal property taken is of a value exceeding $400. This law increases the value threshold for committing grand theft from $400 to…
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Notice Of Appeal Requirements In California
The right to appeal in a criminal case is conferred and defined by statute. (California Penal Code 1237) Appeal is initiated by filing a notice of appeal with the Clerk of the Superior Court within 60 days from rendition of the judgment or challenged order. The appeal must be taken from a final judgment, which is defined to include an order granting probation, insanity commitment, mentally disordered commitment, or an…
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Battery Charges in Los Angeles
The OC Register is reporting by Erika Ritchie, that earlier this week in Lake Forest, California, Orange County deputies responded to a call regarding a possible battery that occurred on Monday at the Chevron gas station off Bridger Road. The alleged victim said he had been hit in the face and his car had been kicked by two individuals who were apparently upset with his driving. The alleged victim stated…
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Can a dead person’s statements be used against me at a criminal trial?
The answer to this question is yes in certain specific circumstances. Under current law, a criminal defendant has the right under the United States Constitution to confront those who testify against them. In other words, if a person accuses you of a crime, you have the right to confront that person in court. Therefore, accuser's statements against you can not be allowed in court, unless the accuser is present and…
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Study Shows Prosecutorial Misconduct Last Year Resulted In A Number Of Reversals In Criminal Convictions In California
The Innocence Project at Santa Clara University School Of Law, found 130 instances of misconduct perpetrated by prosecutors in California. According to the study, the 130 instances of misconduct occurred in 102 criminal cases. According to the study, of the all the instances of misconduct, only 18 instances of misconduct resulted in reversals of convictions. In many cases, the courts upheld convictions because they claimed the misconduct did not affect…
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A Deferred Entry of Judgment may not be terminated because the defendant cannot pay for the diversion program – California Penal Code Section 1000
The California Courts of Appeal, 3rd District, ruled that a defendant who qualifies for deferred entry of judgment cannot then be removed from it simply because the defendant is unable to pay the fees for the diversion defendant in the case, Anita Trask, faced criminal charges that included possession of methamphetamine. She entered a "no contest" plea to the possession charge and was granted deferred entry of judgment (diversion) pursuant…
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WHY IS THE SENTENCING IN THE FEDERAL COURT SYSTEM SO TOUGH?
One can only hope to never be charged with a Federal crime. But if you are, Federal crimes carry much harsher sentences than State Court. Why? 1. Federal statutes have harsher and tougher sentencing laws than State statutes on crimes that can be filed in State or Federal Court. 2. Generally, the maximum punishment for Federal crimes is much higher. 3. Federal prosecutors have much less discretion in negotiating plea…
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Veterans Court Movement Expanding In California To Include Orange County, Los Angeles, Tulare, And Ventura – San Diego May Open A Veterans Court In 2011
The atmosphere and energy in a typical Southern California Veterans Court is measurably different than that of a standard criminal courtroom. It is not uncommon to hear loud cheers and applause coming from those courtrooms designed specifically for veterans facing criminal charges. Veterans courts bring together social service providers, veterans specialists, prosecutors, and defense lawyers in a non-adversarial process to tailor a service plan to a defendant's particular needs. The…
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Is There a Medical Marijuana User List or Database that Employers Can Check? – H&S 11362.5
Marijuana possession is a crime in California, except if you are medically prescribed marijuana and you used and possess it consistent with state and local law. California protects the list of medical marijuana patients for patient confidentiality reasons. For instance, an employer could not normally check whether a potential or existing employee is being treated for an STD, because that would be an unacceptable intrusion on a person's right to…
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