Criminal Defense
Across the country law enforcement agents and prosecutors are using social networking sites for incriminating evidence – Part 1
If a suspect is in the midst of a criminal investigation, chances are that law enforcement has already scoured Facebook, Twitter, LinkedIn, YouTube, MySpace and other social networking sites to search for incriminating evidence. Several hundred million people have active Facebook and MySpace accounts. Unlike traditional Web sites, where users are limited to passive viewing, social networking sites permit users to create personal profiles; post photographs, videos, and audio clips;…
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What if I got arrested for perjury, what does the prosecution need to prove and what is the punishment?
To prove that the defendant is guilty of perjury in Los Angeles, the People must prove that: 1. The defendant took an oath to testify, declare, or depose truthfully before a competent tribunal or officer under circumstances in which the oath of the State of California lawfully may be given;2. When the defendant testified, declared, or deposed, he willfully stated that the information was true even though he knew it…
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IN ORDER TO USE AN INFORMANT OR “ANONYMOUS TIPSTER” TO BUILD REASONABLE SUSPICION, THE OFFICER MUST CONSIDER THE RELIABILITY OF THE INFORMATION
In United States v. Leos-Quijada, 107 F.3d 786 (10th Cir. 1997), the court stated that when information comes from an informant, reliability may be assessed by viewing the credibility of the informant, the basis of the informant's knowledge, and the extent to which the police are able to independently verify the tip. The lower the reliability, credibility, or veracity of the informant, the more information that is required to create…
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DNA Testing Of Discarded Cigarette Is Not Constitutionally Protected
The Third District Court of Appeals in Sacramento ruled in November 2010 that there is no expectation of privacy in a discarded item and that a DNA test of the item is not an unconstitutional search. Rolando N. Gallego was convicted of second degree murder in great part due to the DNA testing of a cigarette that he allegedly threw away on a sidewalk. Police officers collected the cigarette and…
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Can I be charged for challenging someone to fight? What does the prosecution need to prove and what is the punishment?
Under the California Penal Code section 415 (1), for the defendant to be found guilty of this crime, the People must prove that: 1. The defendant willfully and unlawfully fought or challenged someone else to fight;and; 2. The defendant and the other person were in a public place when the fight occurred or the challenge was made;and; 3. The defendant did not act in self-defense. This can be charged as…
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What if I got arrested for stalking, what does the prosecution need to prove and what is the punishment?
To prove that the defendant is guilty of this crime, the People must prove that: 1. The defendant willfully and maliciously harassed or willfully, maliciously, and repeatedly followed another person;and2. The defendant made a credible threat with the intent to place the other person in reasonable fear for her safety or for the safety of her immediate family. Harassing means engaging in a knowing and willful course of conduct directed…
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Former Orange County Sheriff Mike Carona Will Turn Himself In.
According to his attorney, former Orange County Sheriff Michael S. Carona planned to surrender to authorities on January 25, 2011 to begin serving his 66-month prison sentence for witness tampering. The man once nicknamed "America's Sheriff" was convicted of witness tampering after he was secretly taped having a conversation with then-Assistant Sheriff Don Haidl, in which he urged Haidl to lie to a grand jury investigating his administration. Carona appealed…
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Changes in the law imposes new criteria for qualifying for a restitution center – California Penal Code Sections 6221 and 6228
Criminal restitution is the right of a victim to be reimbursed for the financial losses that were directly caused by a crime. It amounts to a monetary debt the criminal offender owes to the victim.Restitution is typically awarded to cover the cost of destroyed, lost, damaged, or stolen property. However, it can also be awarded to pay for the cost of medical treatment or counseling for the victim. For many…
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Jared Loughner and Pleading Insanity – CPC 25(b), CPC 25.5
Jared Loughner, the person allegedly responsible for shooting Arizona Congresswoman Gabrielle Giffords and others, is charged with multiple crimes and may be facing the death penalty. He has not yet entered a plea, but reports indicate that he may have suffered from paranoid schizophrenia at the time of the alleged crime. Will He Walk by Pleading Insanity? Insanity is a legal defense where a defendant's severe mental illness means that…
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CHANGES TO LAW WILL HOPEFULLY ENCOURAGE UNDERAGE DRINKERS TO CALL FOR HELP – Business and Professions Code Sections 25658, 25662, and 25667
The California legislature passed a law in 2010 that provides immunity from prosecution to underaged drinkers who report an alcohol-related emergency. The bill was proposed in light of the tragic deaths among minors that resulted due to alcohol poisoning that went untreated because of an unwillingness to seek medical attention. This immunity from criminal prosecution for illegally possessing or consuming alcoholic beverages is intended to provide protection to underaged drinkers…
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