Santa Cruz Criminal Defense Blog
Posted on Feb 21, 2012 By Christine McGuire
Firearm Restrictions and Domestic Violence What it is all about: A defendant subject to a Penal Code section 136.2 protective order may not own, posess, purchase, receive, or attempt to purchase or ...
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Posted on Feb 20, 2012 By Christine McGuire
Modification of Criminal Protective Order Section 3.5 What it is all about: Victims and even defendants frequently request the court to modify a criminal court protective order issued as a complete ...
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Posted on Feb 17, 2012 By Christine McGuire
Duration of Criminal Protective Order What it is all about: Penal Code Section 136.2 does not expressly provide time limitations on the duration of protective orders, however the statute is construed ...
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Posted on Feb 16, 2012 By Christine McGuire
Voting: Caretaker Deceiving Elder New Laws for 2012!! Adds Elections Code Section 18573.5 This bill would provide that a person is guilty of a misdeamoner if he or she, while providing care or direct ...
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Posted on Feb 15, 2012 By Christine McGuire
Victims; Sexual Assault; Medical Exams; Prohibited Conditions and Costs New Law for 2012!! What it is all about: Amends Government Code Section 17612, and Penal Code Sections 13823.7, 13823.13, and ...
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Posted on Feb 14, 2012 By Christine McGuire
Victim's Rights: Pre-hearing Sequester of Victim's Impact Statement New Law for 2012!! What it is all about: Amends Penal Code Section 679.02 Penal Code section 679.02 provides that the ...
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Posted on Feb 13, 2012 By Christine McGuire
Tattoos "The California Voluntary Tattoo Removal Program" New Laws for 2012!! What it is all about: Adds Welfare and Institutions Code Section 1916 "This bill would establish the ...
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Posted on Feb 10, 2012 By Christine McGuire
Shark Fins New Laws for 2012!! What it is all about: Adds Fish and Game Code Section 2021 The law would make it unlawful for any person to possess, sell, offer for sale, trade, or distribute a shark ...
Posted on Feb 9, 2012 By Christine McGuire
Sex Offender Registration: Release from Custody: Jurisdiction New Laws for 2012!! What it is all about: Amends Penal Code Section 290.01 Existing law requires persons who are subject to the Sex ...
Posted on Feb 8, 2012 By Christine McGuire
Restitution Fines: Minimums Increased New Laws for 2012!! What it is all about: Amends Penal Code Section 1202.4 Existing law provides that the restitution fine shall not be less than $200 for a ...
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Posted on Feb 7, 2012 By Christine McGuire
Restitution: Identity Theft New Laws for 2012!! What it is all about: Amends Penal Code Section 1202.4 Existing law establishes a procedure for purposes of imposing restitution obliations on ...
Posted on Jan 20, 2012 By Christine McGuire
Effective January 1, 2012: Penal Code Section 166 is amended by adding the following : 166.(a) A person guilty of any of the following contempts of court is guilty of a misdemeanor: (6) Willful ...
Continue reading "Jurors: Electronic Communications: Admonishments: Penalties" »
Posted on Jan 19, 2012 By Christine McGuire
Under previous law, the misdemeanor and infraction dismissal statute (Penal Code Section 1203.4a) was read to prohibit relief if the person re-offended during the first year after being sentenced. The ...
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Posted on Jan 18, 2012 By Christine McGuire
For 2012, the law adds a new Chapter 6 (commencing with Section 26350) to Division 5 of Title 4 of Part 6 of the California Penal Code. Chapter 6 is titled "Openly Carrying an Unloaded ...
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Posted on Jan 17, 2012 By Christine McGuire
Effective for 2012, amended Penal Code Section 368 increases fines for theft, embezzlement, forgery, fraud and identity theft and identity crimes against an elder or dependent adult. Specifically, the ...
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Posted on Jan 16, 2012 By Christine McGuire
Effective January 1, 2012, a court may, at sentencing of any domestic violence case, issue a restraining order regardless of whether or not the defendant is sentenced to the state prison or a county ...
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Posted on Jan 15, 2012 By Christine McGuire
Prior to 1/1/2012, the law required that if a person was convicted of a specified DUI offense within 10 years of 2, or 3, or more prior specified DUI offenses that the person be punished by enhanced ...
Continue reading "Driver's License Possible 10-Year Suspension for 4th Timers" »
Posted on Jan 12, 2012 By Christine McGuire
In September 2011, the Legislature debated the merits of AB 520, which lists new criteria for obtaining a restricted driver's license after entering a plea to a "Wet Reckless". The ...
Continue reading "New Laws for 2012: How Pleading to a "Wet Reckless" Will Affect Your Driving Privileges" »
Posted on Jan 5, 2012 By Christine McGuire
The California Supreme Court has explained that under both the Sixth Amendment to the United States Constitution and Article 1, section 15 of the California Constitution, a criminal defendant has the ...
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Posted on Jan 4, 2012 By Christine McGuire
Penal Code Section 995 provides that the information must be set aside by the court if the defendant has been committed without reasonable or probable cause. Reasonable and probable cause means a ...
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Posted on Jan 3, 2012 By Christine McGuire
Penal Code Section 995 provides that the information must be set aside by the court if the defendant has been committed without reasonable or probable cause. Reasonable and probable cause means a ...
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Posted on Jan 2, 2012 By Christine McGuire
If a person is arrested and charged with a crime, does the defendant have to prove (s)he is innocent? No. Under the law, a defendant ispresumed innocent until a judge or jury finds him or her guilty. ...
Continue reading "The Prosecution's Burden of Proof" »
Posted on Dec 28, 2011 By Christine McGuire
Why are some suspects taken to jail while others remain free? Many suspects are taken to jail upon arrest while others receive citations to appear in court and are allowed to remian free in the ...
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Posted on Dec 21, 2011 By Christine McGuire
Can my lawyer repeat what I say to anyone without my permission? The most basic principle underlying the lawyer-client relationship is that lawyer-client communications are privileged, or ...
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Posted on Dec 14, 2011 By Christine McGuire
Is the way I dress in court important? Yes! A criminal defendant should ask his/her attorney how to dress for court appearances. Generally, a defendant should dress as if (s)he is going to a job ...
Continue reading "Courtroom Appearance and Behavior" »