Blog Posts in August, 2011
Posted on Aug 31, 2011 By Christine McGuire
The Fifth Amendment privilege against being called as a witness is available only to a charged defendant in the case against that defendant. For other witneses there is no privilege not to be called ...
Continue reading "Defendants Privilege Not To Be Called as a Witness" »
Posted on Aug 18, 2011 By Christine McGuire
Regarding vehicle liability insurance changes On January 1, 2006 all insurance companies were required to report insurance status to DMV for all private use vehicles. As of July 1, 2006 law ...
Continue reading "Car Insurance and vehicle code violations" »
Posted on Aug 17, 2011 By Christine McGuire
The law does not impose a duty on the district attorney to collect evidence that might benefit the defense. Once evidence however is collected due process imposes on the prosecution a duty to preserve ...
Continue reading "Duty to Preserve Favorable Evidence (Trombetta Youngblood Motion" »
Posted on Aug 10, 2011 By Christine McGuire
Drivers and every owner of a motor vehicle must maintain financial responsibility at all times. Whenever you drive, you must carry written evidence of financial responsibility. There are four types of ...
Continue reading "Maintaining Financial Responsibility" »
Posted on Aug 9, 2011 By Christine McGuire
Because of a person's right of confrontation, depositions are not available in criminal prosecutions. Under certain circumstances however a witness may be conditionally examined before trial to ...
Continue reading "Conditional Examinations" »
Posted on Aug 8, 2011 By Christine McGuire
The dismissal of a case pursuant to Penal Code Section 995 terminates the criminal action. Thus, when charges are refiled by the prosecutor after a Section 995 dismissal, the refiled charges ...
Continue reading "When the Two Dismissal Rule Applies" »
Posted on Aug 1, 2011 By Christine McGuire
VC 22405(a) provides that no person shall drive a vehicle on any bridge, elevated structure, tube or tunnel constituting a part of a highway at a speed that is greater than the maximum speed that can ...
Continue reading "Speeding on Bridges, Tunnels and Overpasses" »