Law & Information
CA LEGISLATURE: TIME CHANGE HAS NO IMPACT ON CLOSING TIME, MAYBE?!?!?
Many of us are still trying to adapt to the new dates for changing our clocks from Pacific Standard Time to Pacific Daylight Time and back, and figuring out how to get the time on our VCRs and cellular telephones to change consistent with the new rules established by the federal Energy Policy Act of 2005 – the federal legislation that changed the dates when we change our clocks. It…
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COURT: BREATH TESTS ADMISSIBLE
A March 17, 2008 ruling by the New Jersey Supreme Court declares that results of breath tests given to DUI suspects on devices manufactured by Alcotest are sufficiently reliable to be admitted in New Jersey DUI prosecutions. 20 people who had been arrested for DUI in New Jersey collectively filed a lawsuit challenging the use of the breath tests in their cases. Specifically, the defendants argued that the manner in…
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WHAT YOU SAY CAN COME BACK TO HAUNT YOU
When a person is in custody very often they feel it is "safe" to share their thoughts to other inmates. In some cases inmates may call a lawyer on the phone to ask for legal advice. In other cases an inmate who has retained a law firm may decide to discuss the facts of their case with their lawyer over a jail house phone. Based upon recent decisions of the…
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NEWS FLASH: COPS TAPE RECORD JAIL CELLS
While this headline might seem so intuitive as to border on the humorous, a recent case in Los Angeles reveals that there is some benefit in conveying this message. According to , the case involves two elderly women who are alleged to have hatched a scheme to befriend transient men, take out hefty insurance policies on their lives, and then drug them and, while the men were drugged, to run…
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A Miscalculation That Will Cost You Time In Prison
Imagine doing your time in prison, thinking you are going to be released on a certain date, and then that day comes and goes and you are still in prison. This cannot happen, right? Well, believe it or not, it is happening in California! A recent study found that as many as 33,000 state inmates served longer sentences than they should have. Meanwhile, another smaller study found that of…
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To waive, or not to waive time, that is the question!
In criminal proceedings, a person charged with a crime has a right to a speedy trial. For those charged with California misdemeanors, that means you have a right to a speedy trial within 45 days, if you are not in jail, or 30 days if you are in custody. In felony matters, this means you have the right to a speedy trial within 60 days. Now in many cases, your…
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THE DEATH OF VEHICULAR MANSLAUGHTER
A law signed by Gov. Schwarzenegger requires, after July 1, 2008, that all people applying for a driver's license, or renewal of a driver's license, sign a declaration with the following language: "I am hereby advised that being under the influence of alcohol or drugs, or both, impairs the ability to safely operate a motor vehicle. Therefore, it is extremely dangerous to human life to drive while under the influence…
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WHAT IS WRONG WITH OUR CRIMINAL JUSTICE SYSTEM
With the recent "law and order" attitude that seems to prevail in our society it is fueling our state legislators to continue to pass laws increase prison sentences for those convicted of crimes. A direct result of this hysteria is to bring our jail system to the brink of disaster. At the present time the Los Angeles County Jail is so overcrowded that if you have the misfortune of finding…
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PUT OUT THAT CIGARETTE AND DRIVE
At least if there is a person under age 18 in the vehicle. Effective January 1, 2008, it is unlawful in California for any person in a motor vehicle (whether a driver or passenger) to have in his or her possession, a lighted pipe, cigar, or cigarette, if there is a minor in the vehicle. The law applies whether the vehicle is moving or is at rest. Any person caught…
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BE CAREFUL WHO YOU HIRE AS YOUR LAWYER – HE MAY NOT BE A LAWYER AT ALL
When you or a loved one are facing a criminal charge you are in a vulnerable position. There are many people who will take advantage of that vulnerability. There are even those who will pretend to be a lawyer and make promises that they could never keep in order to get your trust and more importantly for them, your money. A recent case reported in the Los Angeles Daily Journal…
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