Uncategorized
Affect of restraining order violation on a new criminal offense perpetrated by the restrained person (PC 273.6)
Violation of a restraining order is a separate crime in itself and may be charged as a separate or added count to a new criminal offense. A restraining order can be ordered in the civil, family law or criminal courts as a criminal protective order. Under California Penal Code Section 273.6, the prosecution can charge a violation of a restraining order as a separate or added count to a new…
Read More
Court Reverses 196 Years Sentence Finding The Sentence To Be A Violation Of The Constitution As Cruel And Unusual Punishment
A 15 year old juvenile was convicted of murder, attempted murder and other serious crimes. After the conviction the judge sentenced the 15 year old youth to the maximum sentence allowable by law, a total of 196 years in prison. The juvenile appealed and argued that his conviction amounted to "cruel and unusual punishment" under both the United States and California constitution. The California Court of Appeals agreed with the…
Read More
Sentence for Elder Abuse and Neglect – California 368 PC
Sentencing and punishment for elder abuse and neglect – explained by Orange County criminal attorneys at Wallin & Klarich Under California Penal Code section 368, a person who commits elder abuse and neglect is punished according to the type of abuse committed by the accused. Elder abuse and neglect involving great bodily harm, death or injury A person who commits elder abuse in a manner that is likely to produce…
Read More
Jarrod Wyatt, MMA fighter pleads guilty to murder after being accused of ripping out his friend’s heart and tongue (PC 187)
In probably one of the most gruesome murder cases in many years, MMA fighter Jarrod Wyatt was sentenced to 50 years in prison after pleading guilty to first degree murder and mayhem charges. He will not be eligible for parole until 2062. The victim was Wyatt's 21 year old sparring partner, 21-year-old Taylor Powell. When police arrived on March 21, 2010 at a home at the mouth of the Klamath…
Read More
The Court in U.S. v. Acosta reinforces that a victim must be subjectively aware of immediate bodily harm in order to sustain a conviction for criminal assault
An assault is a crime that is a serious criminal offense (Penal Code Section 241). The crime of assault requires that a person: 1. Threatens to injure another person; and 2. Has the present ability to carry out threat; and 3. Places the person threatened to be in fear of immediate bodily harm. In the recent 9th Circuit U.S. Court of Appeals decision handed down in U.S v. Acosta-Sierra, the…
Read More
Can I be denied a job because of what I have on my facebook page?
Unfortunately the answer is yes. You go to a bachelor party in Vegas and you have a great time…maybe too great of a time. Photos are taken and posted on your facebook page. You apply for that really good job with a large financial institution. During the background check the company obtains information on your facebook page. You don't get the job. You wonder could it have been because of…
Read More
THANK GOD 88 year old husband will not be prosecuted for murder of his 84 year old wife
The District Attorney's office decided not to prosecute an 88 year old man for assisted suicide when his 84 year old ailing wife was found dead with a bag over her head. The elderly women had been suffering from a variety of medical ailments. What is just plain insanity is that California is one of the remaining states in this country that still punishes people for homicide for "assisting" your…
Read More
Even If You Are Arrested And Then Released From Custody, That Does Not Mean That You Are Out Of The Woods. The District Attorney Still May Have Time To File Charges Against You!
Before charges are formally filed against a suspect, the district attorney's office will review the facts and evidence contained in the police report to make a determination of whether there is sufficient evidence to support the charges originally recommended by law enforcement. It is important to understand that law enforcement may only arrest and recommend charges to be filed. It is the district attorney's office who makes the ultimate decision…
Read More
Defenses that can be used in lewd conduct cases.
If you are charged with committing a lewd act in a public place, legal defenses could include: 1- Your conduct was not in public or exposed to public view. Your attorney would have to take pictures and conduct an investigation establishing that the area you were caught was not public and not open to public view. Consensual sex acts are not illegal between adults if done privately. 2- The conduct…
Read More
If You Lie To The Cops You Can Spend A Year In Jail And Pay A Fine Of $100,000
When we tell people to never, ever, ever speak to the cops, we mean it. We have seen horrible things happen to those that decide to speak to the cops over 30 years of helping people accused of crimes. The latest victim of major stupidity is Hollywood Director John McTiernan, who is about to spend one year in county jail and pay a fine of $100,000 after he was found…
Read More