Blog Posts in February, 2011
Posted on Feb 28, 2011 By Christine McGuire
The Lautenberg Amendment to the Gun Control Act of 1968 became effective September 30, 1996. The Lautenberg Amendment potentially affects any soldier who has been convicted of domestic violence or who ...
Continue reading "Domestic Violence and The Lautenberg Amendment" »
Posted on Feb 27, 2011 By Christine McGuire
The Santa Clara County Juvenile Justice Court and the Santa Clara County Juvenile Justice Commission have recommended that the Board of Supervisors of Santa Clara County create separate juvenile and ...
Continue reading "Proposal for Separate Juvenile and Adult Probation Departments in Santa Clara County" »
Posted on Feb 26, 2011 By Christine McGuire
The most restrictive placement for a juvenile at the time of the disposition hearing is to the DJJ. The Division of Juvenile Justice was formerly known as the California Youth Authority. To order a ...
Continue reading "Juvenile Crimes, Disposition Hearing, Division of Juvenile Justice Placement" »
Posted on Feb 25, 2011 By Christine McGuire
Once a minor has been declared a ward, the judge may order the minor placed in a county juvenile home, ranch or camp or forestry camp. If the county does not have these type of facilities, the court ...
Continue reading "Juvenile Crimes, Disposition Hearing/ Placement" »
Posted on Feb 24, 2011 By Christine McGuire
The Admin Per Se Hearing Officer cannot grant a person a restricted driver license regardless of the person's need to drive. Only the following issues will be discussed at the Admin Per Se Hearing: If ...
Continue reading "Driving Under the Influence , Immediate Driver License Suspension Hearing Issues" »
Posted on Feb 23, 2011 By Christine McGuire
The Recording Industry Association of America is a trade association whose members are part of the music industry. In the recent case of People v Kelly, the Court held that the Recording Industry ...
Continue reading "Restitution and the Trade Association" »
Posted on Feb 22, 2011 By Christine McGuire
A probation condition in a misdemeanor or felony gang related case that a person not associate with someone he suspects to be a gang member was found to be unconstitutionally vague in the recent case ...
Continue reading "Probation Condition that Person Not Associate with Someone he Suspects is a Gang Member" »
Posted on Feb 21, 2011 By Christine McGuire
A witness who claims the privilege against self incrimination has the burden of showing that the privilege against self incrimination applies to him or her. The person claiming the privilege has the ...
Continue reading "Courts Power to Inquire into Exercise of Privilege Against Self Incrimination" »
Posted on Feb 20, 2011 By Christine McGuire
California Penal Code section 192(c) defines vehicular manslaughter as driving a vehicle in the commission of an unlawful act not amounting to a felony and with gross negligence or driving a vehicle ...
Continue reading "Vehicular Manslaughter" »
Posted on Feb 15, 2011 By Christine McGuire
Driving Under the Influence, Immediate Driver License Suspension, Drivers Age 21 and Older, Restricted License Eligibility You may be eligible for a noncommercial restricted driver license if this is ...
Continue reading "Driving Under the Influence, Immediate Driver License Suspension, Drivers Age 21 and Older- Restricted License Eligibility" »
Posted on Feb 14, 2011 By Christine McGuire
The National Highway Traffic Safety Administration also known as NHTSA has approved 126 mobile evidential breath measurement devices as of March 2010. Over 350 law enforcement agencies throughout ...
Continue reading "Mobile Evidential Breath Measurement Devices in DUI Investigations" »
Posted on Feb 12, 2011 By Christine McGuire
The Senior Ombudsman Program consists of five staff across the state available to assist senior drivers. The DMV Senior Ombudsman are located at the San Francisco/Oakland office at 510- 563- 8998, the ...
Continue reading "Senior Ombudsman Program" »
Posted on Feb 11, 2011 By Christine McGuire
A wobbler is an offense that is chargeable either as a felony or as a misdemeanor without the imposition of the sentence. When a judge grants felony probation on a crime that is a wobbler, the judge ...
Continue reading "Reduction of Felony to Misdemeanor" »
Posted on Feb 10, 2011 By Christine McGuire
The 6th District Court of Appeal in San Jose overturned a vehicular manslaughter conviction concluding that the prosecution relied on electronic data from the defendant's car that was seized ...
Continue reading "Electronic Data From Vehicles" »
Posted on Feb 9, 2011 By Christine McGuire
California has adopted legislation which bans texting while driving a vehicle. The legislation took effect January 1, 2009. It prohibits a person from driving a motor vehicle while using a electronic ...
Continue reading "Texting While Driving" »
Posted on Feb 8, 2011 By Christine McGuire
A criminal defense attorney determines from the totality of the circumstances and the substances of the witness's proposed testimony whether the privilege against self incrimination may be claimed. ...
Continue reading "Advising Witness to Refuse to Testify" »
Posted on Feb 7, 2011 By Christine McGuire
United States District Judge Jeremy Fogel toured San Quentin State Prison this past week to see whether the new execution chamber meets constitutional standards. According to a San Jose Mercury News ...
Continue reading "Death Penalty In California" »
Posted on Feb 6, 2011 By Christine McGuire
The Fifth Amendment privilege against being called as a witness is available to a charged defendant in that case against the charged defendant. For witnesses rather than the charged defendant in the ...
Continue reading "Defendants Privilege Not To Be Called as Witness" »
Posted on Feb 4, 2011 By Christine McGuire
A PAS device used in a DUI or DUI with Injury investigation is defined by statute as a field sobriety test. A PAS device is identified as an investigative tool that may be used by law enforcement ...
Continue reading "PAS Device in DUI Case" »
Posted on Feb 4, 2011 By Christine McGuire
Representing a witness who is being asked to testify for the government/prosecution in exchange for leniency requires more than a knowledge of the legal principles involved in the case. Where the ...
Continue reading "Representing a Witness Offered Immunity" »
Posted on Feb 3, 2011 By Christine McGuire
Authority to Enter or Search Pursuant to Consent Authority to enter or search pursuant to consent given by a person is limited to the scope of the consent given by that person. Exceeding the scope of ...
Continue reading "Authority to Enter or Search" »
Posted on Feb 2, 2011 By Christine McGuire
In November 2010 a California appellate court held in People v Jackson that a trial court committed error in allowing evidence of a DUI suspect's refusal to submit to a PAS test. The justices in ...
Continue reading "People v Jackson and the PAS Test" »
Posted on Feb 1, 2011 By Christine McGuire
A person who successfully completes a drug diversion program or a deferred entry of judgement program may have his or her criminal records sealed. After a person successfully completes the programs, ...
Continue reading "Sealing Criminal Records" »