What is a “Strike” offense in California
What is a “Strike” offense in California
If you have been accused of committing a crime that is considered a "strike crime," you are facing very serious charges, especially if you already have one or more strikes on your criminal record. The three strikes law is a controversial law that has been in effect in California for over a decade. The law was passed in an effort to reduce crime throughout the state, by severely punishing repeat…
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Lindsay Lohan Now Facing Misdemeanor Charges
Lindsay Lohan dodged a major bullet last week, when she had her felony charge reduced to a misdemeanor. The maximum penalty for the felony would have included time in state prison. However, now Lohan is only facing time in the Los Angles County Jail if she were to be found guilty. Los Angeles Superior court Judge Stephanie Sautner made the ruling following a day-long preliminary hearing last week. The Los…
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I’ve been sentenced to serve jail time, but I have a job. Is there any way for me to serve my time while still going to work?
For people who have been convicted of lower-level crimes (misdemeanors) but still have work or school obligations, it may be possible to enroll in an inmate worker program – also referred to as "pay & stay." If permitted by the court, a convicted person can seek to work or attend school during the day and check into a city-run detainment facility in the evening. The inmate worker program is designed…
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Orange County Judge Accused of Misconduct
Orange County Superior Court Judge Richard W. Stanford Jr. has been accused of waiving traffic fines for friends. He is alleged to have had certain traffic cases for his friends transferred to his courtroom. He then allegedly would waive the fines associated with each case. Judge Stanford Jr.'s courtroom usually handles felony cases and so it would seem odd for him to be handling traffic cases. Judge Stanford Jr. must…
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How is Guardianship Different than Parenthood?
A guardian is an adult who has been given responsibility for a minor by the courts. In California, there are many differences between being a guardian and being a parent. Here are some ways in which the two are different. A guardianship does not permanently terminate the parental relationship between a parent and child. A parent may still obtain rights to rear their child, at a time when the judge…
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U.S. Supreme Court asked to Review Ruling on GPS Surveillance
The United States Supreme Court, the highest court in the land, is being asked to decide once and for all whether police can be allowed to surveillance individuals via GPS tracking devices without a warrant. Up until this point, there has been disagreement among the federal courts about whether such police practice could be permitted. The 9th Circuit Court of Appeals, which includes California, authorized the use of warrantless GPS…
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What Do I Do If My Child Is Taken Away by Social Workers? How Do I Get My Child Back? Welfare & Institutions Code section 300
Having a child taken away from you can be the most traumatic experience in a parent's life. Very often children are wrongly separated from a parent because of false allegations or overzealous and unreasonable social workers. It is far too easy for your children to be taken away by county social workers. A false abuse allegation made out of spite after a heated argument can have devastating personal and legal…
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Can a Police Officer Stop me on the Street and Question me? Do I have to answer Those Questions?
Generally, a police officer can approach you to ask questions and can even ask to search you and your belongings. As long as the officer makes it clear that you are not required to submit to the questioning or the search, the officer has done nothing to violate your rights. In these situations, you are not required to talk or submit to a search. However, keep in mind that a…
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A Vandalism Conviction In California Can Lead To A Suspension Of Driving Privileges
In California, the court will impose a suspension, or delay the driving privileges of any minor convicted of vandalism. A conviction mandates the court to impose a two year license suspension for a person 13 years of age up to 21 years of age. If the minor has yet to receive a license, the court will put a delay the issuance of a license. Vandalism in California is codified under…
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What are the Differences Between Appeals and a Writs of Habeas Corpus?
There are several differences between appeals and a writs of habeas corpus. The basic difference is found in the reason why you are using the appellate process. Appeals are used to correct errors that occurred during the case. The appellate courts only consider what they can find within the court file. They will not consider any new evidence. If you think that the trial judge, defense lawyer, or prosecutor made…
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