Criminal Defense
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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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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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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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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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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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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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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Barry Bonds Convicted of Obstruction; Judge Declares Mistrial on 3 Remaining Counts
Barry Bonds has been convicted in Federal Court of one count of obstruction of justice. The jury found Major League Baseball's all-time leader in homeruns guilty of impeding a grand jury investigation concerning the distribution of illegal steroids. Bonds had maintained his innocence throughout the investigation leading up to his trial, but did not testify at the trial. In fact, his defense did not call a single witness to testify…
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