Blog Posts in February, 2011

• Posted By Christine McGuire 28-Feb-2011

  Domestic Violence and The Lautenberg Amendment

  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 is currently subject to an active restraining ...

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• Posted By Christine McGuire 27-Feb-2011

  Proposal for Separate Juvenile and Adult Probation Departments in Santa Clara County

  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 adult probation departments. This recommendation ...

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• Posted By Christine McGuire 26-Feb-2011

  Juvenile Crimes, Disposition Hearing, Division of Juvenile Justice Placement

  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 juvenile committed to the Division of Juvenile ...

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• Posted By Christine McGuire 25-Feb-2011

  Juvenile Crimes, Disposition Hearing/ Placement

  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 may commit the child to the county juvenile hall. ...

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• Posted By Christine McGuire 24-Feb-2011

  Driving Under the Influence , Immediate Driver License Suspension Hearing Issues

  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 you took a chemical test: Did the peace officer ...

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• Posted By Christine McGuire 23-Feb-2011

  Restitution and the Trade Association

  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 Association of America was not a direct victim of a ...

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• Posted By Christine McGuire 22-Feb-2011

  Probation Condition that Person Not Associate with Someone he Suspects is a Gang Member

  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 of People v Gabriel. The court held that the term ...

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• Posted By Christine McGuire 15-Feb-2011

  Driving Under the Influence - Restricted License Eligibility

  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 your first DUI offense and you completed a ...

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• Posted By Christine McGuire 14-Feb-2011

  Mobile Evidential Breath Measurement Devices in DUI Investigations

  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 California use mobile evidential breath measurement ...

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• Posted By Christine McGuire 12-Feb-2011

  Senior Ombudsman Program

  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 Sacramento/ Northern California office at 916- ...

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• Posted By Christine McGuire 11-Feb-2011

  Reduction of Felony to Misdemeanor

  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 may later declare the offense to be a misdemeanor. ...

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• Posted By Christine McGuire 10-Feb-2011

  Electronic Data From Vehicles

  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 improperly without a search warrant. An expert ...

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• Posted By Christine McGuire 9-Feb-2011

  Texting While Driving

  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 wireless communication device to write, send or ...

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• Posted By Christine McGuire 8-Feb-2011

  Advising Witness to Refuse to Testify

  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. The test is whether the the answer to a given ...

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• Posted By Christine McGuire 7-Feb-2011

  Death Penalty In California

  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 editorial California has 718 prisoners on death ...

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• Posted By Christine McGuire 6-Feb-2011

  Defendants Privilege Not To Be Called as Witness

  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 defendant's case, there is no privilege not to be ...

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• Posted By Christine McGuire 4-Feb-2011

  PAS Device in DUI Case

  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 during a DUI investigation. The blood alcohol reading ...

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• Posted By Christine McGuire 4-Feb-2011

  Representing a Witness Offered Immunity

  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 prosecution/government asks for testimony before ...

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• Posted By Christine McGuire 3-Feb-2011

  Authority to Enter or Search

  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 the consent given violates the Fourth Amendment. ...

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• Posted By Christine McGuire 2-Feb-2011

  People v Jackson and the PAS Test

  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 Jackson held it made little sense to grant a statutory ...

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• Posted By Christine McGuire 1-Feb-2011

  Sealing Criminal Records

  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, the Court on oral or written motion or on the ...

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