Law & Information
California Prison Inmates to Get Early Release Under New Program
As we all have heard, California state prisons are far too overcrowded. As a result, many times, convicted criminals get released early. Well, a new plan calls for some prisoners to do their time at a "community-based" rehabilitation program instead of getting released early! This includes home confinement, electronic monitoring, or doing time a county jail. In a way, this can be seen as a positive as some of the…
Read More
California Law Bans Cell Phone Use While Driving
A new California Vehicle Code prohibits individuals from using a wireless telephone while driving unless that telephone allows for hands-free listening and talking. Eliciting a fine of $20 for a first offense and $50 for each subsequent offense, this law went into effect July 1, 2008. The law permits a driver to use a wireless telephone in cases of emergencies to call law enforcement, the fire department, or other emergency…
Read More
More Hate Crme Laws Hit the Books
Much has been written regarding "hate crime" laws and whether enactment of such laws is appropriate or even consistent with the US Constitution. While, on the one hand, crimes committed in the name of "hate" cannot be condoned in a free society, on the other hand, as US Supreme Court Justice Robert Jackson noted: ""If there is any fixed star in our constitutional constellation, it is that no official, high…
Read More
Warrantless Search of Utah Man’s Home To Be Supreme Court Case
The US Supreme Court has announced recently that it will hear the case of a man who was arrested in his home by officers who did not have a warrant. In the case, the man, Afton Callahan, of Utah, was being investigated by police for allegedly selling methamphetamine out of his home. The police sent an undercover informant into Callahan's home to purchase drugs. When the informant, who was wearing…
Read More
GPS Devices And Probation
Senate Bill 619 was enacted as urgency legislation in October 2005. Eventually, Penal Code section 1210.7 and Penal Code section 1210.16 was enacted. This law allows local probation departments to use these global positioning devices to those who require a high level of supervision. Penal Code section 1210.12 gives the probation department sole discretion regarding who should be wearing the GPS device and establish written guidelines consistent with the terms…
Read More
Exercising Your Right To Remain Silent
"I 'ain't' telling you nothing." Believe it or not, the United States Constitution allows you to tell that to any law enforcement agent, when questioned by them! Under the Fifth Amendment to the Constitution, we all have a right to remain silent! While many of us might have learned about this right in grade school, most times we forget about it and do not exercise it. Chances are most of…
Read More
A Death Can Be Lethal
You can be put to death by lethal injection! This is the ruling of the United States Supreme Court. The court ruled a few weeks ago that it was constitutional for states to execute certain condemned criminals, as long as the procedure was done properly. States had halted executions for seven months, so this issue could be decided by the Supreme Court. In California violent felony convictions, there was a…
Read More
Wireless Telephone Laws FAQs
Two new laws dealing with the use of wireless telephones while driving go into effect July 1, 2008. Below is a list of Frequently Asked Questions concerning these new laws. Q: When do the new wireless telephone laws take effect? A: The new laws take effect July 1, 2008 Q: What is the difference between the two laws? A: The first prohibits all drivers from using a handheld wireless telephone…
Read More
LAPD CARS TO BE OUTFITTED WITH CAMERAS
The Los Angeles City Counsel's Public Safety Committee has voted 3-1 to approve the installation of video cameras in Los Angeles Police Department patrol cars. Cameras had been recommended by the Christopher Commission, which investigated the LAPD in the wake of the beating of motorist Rodney King by LAPD officers – a beating captured on videotape by a civilian. The cameras will also satisfy a requirement of the Consent Decree…
Read More
BE SURE YOUR LAWYER IS IN FACT A LAWYER
That's the message that a recent press release from the Los Angeles County District Attorney's Office sends. The press release involves the recent conviction of Ross Stanley Berton, age 61. Mr. Berton pleaded guilty to 15 counts of grand theft, two counts of offering false evidence, one count of forgery and one count of identity theft. Fifteen counts were dismissed as part of the plea agreement, the District Attorney stated.…
Read More