Blog Posts in December, 2010
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Posted on Dec 31, 2010 By Christine McGuire
The issuance of mutual protective orders in misdemeanor or felony criminal domestic violence cases is not authorized by statute. Of note is the fact that a criminal court lacks jurisdiction over a ...
Continue reading "Mutual Protective Orders" »
Posted on Dec 30, 2010 By Christine McGuire
A person who is arrested or charged with a nonviolent felony may be released on his or her OR or Own Recognizance at the discretion of the judge. A judge may apply a number of factors in order to ...
Continue reading "OR or Own Recognizance Release and Nonviolent Felonies" »
Posted on Dec 29, 2010 By Christine McGuire
Pursuant to Penal Code Section 1270, a person who is in custody charged with a misdemeanor is entitled to OR or Own Recognizance Release in the absence of a finding by the judge that Own Recognizance ...
Continue reading "Own Recognizance Release and Misdemeanors" »
Posted on Dec 28, 2010 By Christine McGuire
A person who is charged with a violent felony, serious felony or with certain domestic violence crimes may not be released on his or her own recognizance (OR) without a hearing in court. The judge ...
Continue reading "OR or Own Recognizance Release and Domestic Violence, Serious or Violent Felonies" »
Posted on Dec 27, 2010 By Christine McGuire
Parents of minor children can be charged with a misdemeanor if their child does not attend school under a new law for 2011. A parent can face up to a year in the county jail and a $2,000 fine if the ...
Continue reading "New Laws for 2011" »
Posted on Dec 26, 2010 By Christine McGuire
A new California motorcycle instruction permit law for the year 2011 requires persons under the age of twenty one (21) to complete an approved motorcycle safety course before being issued an ...
Continue reading "New Motorcycle Permit Law for 2011" »
Posted on Dec 25, 2010 By Christine McGuire
Effective January 1, 2011, the California Department of Motor Vehicles will license and regulate all traffic violator schools including online schools and home study traffic schools. Previously the ...
Continue reading "New Law for 2011 regarding Traffic Violator School Programs" »
Posted on Dec 24, 2010 By Christine McGuire
Prior to 2011, High-Occupancy Vehicle Lane law permitted fuel-efficient, low emission vehicles to display stickers permitting them to operate in High Occupancy Vehicle lanes with a single occupant. ...
Continue reading "New Law Regarding High Occupancy Vehicle Lanes " »
Posted on Dec 23, 2010 By Christine McGuire
The law requires a judge when issuing a criminal protective order under Penal Code Section 136.2 during a criminal case or as a condition of probation under Penal Code Section 1203.097 against a ...
Continue reading "Firearms and Domestic Violence Cases " »
Posted on Dec 22, 2010 By Christine McGuire
Persons accused or convicted of misdemeanor or felony domestic violence often request a court to modify a criminal court protective order issued as a complete stay away asking the judge to permit ...
Continue reading "Modification of Domestic Violence Protective Orders" »
Posted on Dec 21, 2010 By Christine McGuire
Law enforcement agencies must maintain a record of all protective/restraining orders sent to them in domestic violence cases. The records of stay-away orders, protective/restraining orders are used to ...
Continue reading "Notice to Law Enforcement of Domestic Violence Protective Orders" »
Posted on Dec 20, 2010 By Christine McGuire
Effective February 1, 2011 handgun ammunition vendors must obtain a thumbprint and other information related to handgun ammunition transactions including transfers to peace officers who are authorized ...
Continue reading "New California Firearms Legislation Effective 2011" »
Posted on Dec 19, 2010 By Christine McGuire
The law generally provides that a domestic violence protective/restraining order issued by the criminal court in a misdemeanor or felony case takes precedence in enforcement over a civil court order. ...
Continue reading "Conflcits between Civil and Criminal Protectice Orders" »
Posted on Dec 18, 2010 By Christine McGuire
A person subject to a domestic violence protective order may not own, possess, purchase, receive or attempt to purchase or receive a firearm while the protective order is in effect. After a judge ...
Continue reading "Domestic Violence and Firearm Restrictions" »
Posted on Dec 17, 2010 By Christine McGuire
Generally the duration of protective orders in domestic violence cases is limited to the pendency of the misdemeanor or felony domestic violence criminal case in which the protective order is issued. ...
Continue reading "Protective Orders in Domestic Violence Cases - Duration" »
Posted on Dec 16, 2010 By Christine McGuire
Persons charged with certain domestic violence crimes including misdemeanors or felonies may not be released on their own recognizance or OR without a court hearing. In cases involving domestic ...
Continue reading "Own Recognizance Hearings and Domestic Violence" »
Posted on Dec 15, 2010 By Christine McGuire
Effective February 1, 2011 the delivery or transfer of handgun ammunition must occur in a face-to-face transaction, with the recipient of the ammunition providing bona fide evidence of his or her ...
Continue reading "New Ammunition Legislation Effective 2011" »
Posted on Dec 14, 2010 By Christine McGuire
In some instances involving domestic violence crimes, misdemeanors or felonies , there are civil orders already in effect regarding children and custody and visitation. Some orders may prohibit ...
Continue reading "Domestic Violence Cases and Civil Orders Regarding Children" »
Posted on Dec 13, 2010 By Christine McGuire
Senate Bill 1411 becomes law effective January l, 2011. Senate Bill 1411 makes it a misdemeanor to impersonate another person through the Internet or other electronic means with criminal intent to ...
Continue reading "Senate Bill 1411 Malicious E-Personation Effective January 1" »
Posted on Dec 12, 2010 By Christine McGuire
Each California county including Santa Cruz, Monterey and Santa Clara County has been required to develop procedures for electronically transmitting data with regard to the issuance, modification, ...
Continue reading "DVROS and Domestic Violence Cases" »
Posted on Dec 11, 2010 By Christine McGuire
Criminal infractions differ from misdemeanors and felonies . Infractions are not punishable by jail or prison. A person may not be jailed or imprisoned to satisfy an outstanding fine in connection ...
Continue reading "What are Infractions" »
Posted on Dec 10, 2010 By Christine McGuire
In a criminal theft case where the government must prove the taking was from the person, the government must prove the property taken was physically attached to the person. For instance, in a case ...
Continue reading "Theft and Taking From the Person" »
Posted on Dec 9, 2010 By Christine McGuire
A restitution hearing in connection with a misdemeanor or felony is generally held at the time of sentencing. A court will in most circumstances rely on the probation officer's report as the source of ...
Continue reading "Restitution Hearings" »
Posted on Dec 8, 2010 By Christine McGuire
If fish, shellfish, mollusks, crustaceans, kelp, algae are taken from a commercial or research operation that produces such products, the theft of the items is Grand Theft if the value of the fish, ...
Continue reading "Theft of Fish, Shellfish and Aquacultural Products" »
Posted on Dec 7, 2010 By Christine McGuire
Exoneration of bail is the termination of the obligation of bail. Generally, once bail has served its purpose in the criminal court the depositor or the surety of the bond is relieved of the ...
Continue reading "Exoneration of Bail and Penal Code Section 995 Ruling " »
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