Criminal Defense
Can I Tape Record The Cops When They Stop Me To Make Sure They Do Not Lie And Get Away With It?
Recently a Hawthorne man was arrested and spent four days in jail for tape recording the police during a traffic stop. However, all charges were dismissed against him. Illinois had a law that stated that if you tape recorded a police officer you could be convicted of a felony and sentenced to up to 15 years in prison. However, the United States Court of Appeals recently ruled the law to…
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Many Los Angeles County Courts To Close Due To Lack Of Funds
The Los Angeles County Superior Court has become the latest victim of the economic crisis, announcing this Wednesday that it must cut up to $85 million from its upcoming fiscal budget that could involve the closure or partial closure of up to 10 local courthouses. Judge Lee Smalley Edmon, presiding judge of L.A.'s courts, confirmed the reductions and stated the cuts were necessary "in order for the court to live…
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State Supreme Court Throws Out Conviction Due To Unlawful Detention
It was recently reported in the Daily Journal that the California Supreme Court held that a detention of an individual is unlawful when there is no evidence of criminal activity at the time of detention. Everett Walker was detained by a sheriff's deputy as he got off a train. The deputy sheriff's basis for detaining Walker was because he resembled a suspect who had committed a sexual battery the week…
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What You Need To Know About Bail in California
After being arrested, a suspect will go before the judge, who will either set a specified bail amount or allow the defendant to be released without bail during the pendency of the case. Bail refers to an amount of money that the suspect must post so that he or she can get out of jail. The amount of bail depends on a number of factors, including: (1) the severity of…
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Courts Consider Pretrial Release Programs For Low Level Criminal Cases To Ease Jail Overcrowding
Overcrowded jails have become a problem in California. With a stalled economy, counties in California have few options to appease the growing jail population. One option many counties in California, including Los Angeles County, have been considering is a pretrial release program for low-level accused offenders. Los Angeles County has been exploring the option of including a risk-evaluation model to their incarceration program that would allow them to release inmates…
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Mother Found Guilty Of Imprisonment Of Eight-Month Old Child (PC 236)
A Texas women was found guilty of unlawful imprisonment and custodial interference. The woman, whose eight-month old baby disappeared in 2009, was found guilty by a jury. The women is alleged to have taken the child to Texas. The women's baby was last seen alive in Texas at a motel in late 2009. The woman originally told the child's father that she had killed him. But after she was arrested,…
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Your Right Against Self-Incrimination: When Does It Apply?
We hear it all the time, "he took the 5th…she pled the 5th". Your constitutional right against being forced to incriminate yourself follows you where ever you go! Whether you're participating in a civil trial, a criminal trial, a juvenile matter or even an administrative hearing, you cannot be forced to testify or give a statement if doing so would tend to incriminate you. The right applies to all citizens-even…
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When I Am A Witness In A Criminal Case When Do I Have To Go To Court To Testify?
Whether you have to come to court to testify as a witness in a criminal case depends upon whether you are served with a valid subpoena. The fact that you were a witness to a possible crime does not mean you must go to court to testify. The fact that you gave a statement to a police officer does not mean you must go to court to testify. You only…
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Governor Brown Signs Law That Will Prohibit Employers From Demanding Password And Log In Information From Employees For All Social Sites
As of today, September 28, 2012, your boss cannot demand as a condition of your employment that you provide him with your facebook or twitter password or log in information. Over the last few years, with social media has become very popular many employers were demanding that a possible employee provide facebook information so the employer could do a "check" on the content of their facebook account. This is no…
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What can I do if I lied to the police and told them I was raped when I really consented to having sex with a guy I met at a bar? (CVC 31 and PC 118)
When you lie to the police you have committed a crime. California Vehicle Code Section states as follows: "No person shall give, either orally or in writing, information to a peace officer while in the performance of his duties under the provisions of this code when such person knows that the information is false." You can face up to 6 months in jail and be ordered to pay a $1,000.00…
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