Blog Posts in January, 2011
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Posted on Jan 30, 2011 By Christine McGuire
The crime of Kidnapping is divided by statute into simple kidnapping and aggravated kidnapping. Asportation, also known as movement, requirement for kidnapping vary depending on the type of kidnapping ...
Continue reading "The Crime Of Kidnapping" »
Posted on Jan 29, 2011 By Christine McGuire
Driving Under the Influence Immediate Driver License Suspension Drivers Age 21 and Older After the hearing decision following the Admin Per Se Hearing, you may make a written request for a department ...
Continue reading "Driving Under the Influence - Driver License Suspension-Review" »
Posted on Jan 29, 2011 By Christine McGuire
Driving Under the Influence Immediate Driver License Suspension Drivers Age 21 and Older After the hearing decision following the Admin Per Se Hearing, you may make a written request for a department ...
Continue reading "Driving Under the Influence - Driver License Suspension-Review" »
Posted on Jan 28, 2011 By Christine McGuire
A person who as a minor was arrested for a misdemeanor offense may have the arrest record of the misdemeanor offense and his or her juvenile court record related to the misdemeanor offense sealed if ...
Continue reading "Juvenile Misdemeanor Arrest and Citation Records/Expungements" »
Posted on Jan 27, 2011 By Christine McGuire
The California Supreme Court recently ruled that police may search the text message folders of cell phones taken from suspects following the suspect's arrest. The case of People v Diaz involved a drug ...
Continue reading "Search of Text Message Folders of Cell Phones" »
Posted on Jan 26, 2011 By Christine McGuire
A person charged with a crime has the right to challenge a statement made by a codefendant on the ground that the statement was involuntary. A defendant has standing to challenge the admissibility of ...
Continue reading "Challenging Voluntariness of Codefendant's Statement" »
Posted on Jan 25, 2011 By Christine McGuire
Confessions that are coerced by the police during the investigation of a felony or misdemeanor are inadmissible. An involuntary statement including a confession or admission cannot be used against a ...
Continue reading "Involuntary Statements Obtained by Police are Inadmissible" »
Posted on Jan 24, 2011 By Christine McGuire
Federal regulations require the DMV (Department of Motor Vehicles) to verify a driver's license application through the National Driver Registry and the Problem Driver Pointer System. The National ...
Continue reading "Out of State Fines" »
Posted on Jan 23, 2011 By Christine McGuire
The Sex Offender Tracking Program at the California Department of Justice maintains the registered sex offender database. By law, persons convicted of certain sex crimes are required to register as a ...
Continue reading "Sex Offenders Tracking" »
Posted on Jan 22, 2011 By Christine McGuire
The Sex Offender Tracking Program at the California Department of Justice maintains the registered sex offender database Registered sex offenders are required to update their information annually ...
Continue reading "Sex Offender Registration Updating" »
Posted on Jan 21, 2011 By Christine McGuire
Not all registered sex offenders appear on the internet web site Twenty Five percent of registered sex offenders are excluded from public disclosure on the internet web site by law Public disclosure ...
Continue reading "Sex Offender Tracking Program and Exclusion From Website" »
Posted on Jan 20, 2011 By Christine McGuire
The new Immigration and Customs Enforcement Program known as Secure Communities has gone into effect in 38 out of California's 58 counties. Secure Communities checks jail inmate's fingerprints against ...
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Posted on Jan 19, 2011 By Christine McGuire
The FBI and law enforcement opened the Orange County Regional Computer Forensics Laboratory also known as OCRCFL. The OCRCFL is part of the RCFL program which is a national network of FBI sponsored, ...
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Posted on Jan 18, 2011 By Christine McGuire
Finding of Factual Innocence. Pursuant to Penal Code Section 851.8 a person who is factually innocent of a crime whether a misdemeanor or felony may be able to have his or her criminal records sealed ...
Continue reading "Cleansing and Sealing of Criminal Records/Expungements" »
Posted on Jan 17, 2011 By Christine McGuire
There is a difference between civil cases and criminal cases with regard to domestic violence. Criminal domestic violence and civil domestic violence cases may occur at the same time involving the ...
Continue reading "Civil v Criminal Law - Domestic Violence Restraining Orders" »
Posted on Jan 16, 2011 By Christine McGuire
AB 1280 known as Adam's Law creates a stiff penalty of life without the possibility of parole for abuse by a parent or other caregiver that causes a child under 8 to go into a coma or becomes ...
Continue reading "New Laws for 2011- Protection of Minors" »
Posted on Jan 15, 2011 By Christine McGuire
A new law for 2011 already in effect prohibits the sale of electronic cigarettes to minors. Teens in California's foster care system will be eligible for extended support benefits up to age 21 ...
Continue reading "New Laws for 2011 and Minors" »
Posted on Jan 14, 2011 By Christine McGuire
The Expedited Jury Trials Act took effect January 2011. The Expedited Jury Trials Act changes the nature of civil disputes in California by reducing the cost of a simple jury trial by as much as 80 ...
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Posted on Jan 12, 2011 By Christine McGuire
Once a person successfully completes a drug diversion program pursuant to Penal Code Section 1000.5 or a deferred entry of judgment program pursuant to Penal Code Sections 1000, 1000.8, the Court on ...
Continue reading "Sealing Records after Successful Completion of Penal Code Section 1000 or 1000.5 Program " »
Posted on Jan 11, 2011 By Christine McGuire
Non-Custodial Services including Out-Of-Custody Bookings and Out-Of-Custody DNA Collections are available at the Work Release Window located at the Santa Cruz County Jail. Non-custodial Services hours ...
Continue reading "Bookings and DNA Collections at the Santa Cruz County Sheriff's Office" »
Posted on Jan 10, 2011 By Christine McGuire
Records of marijuana arrests and convictions are automatically destroyed two years after the arrest or conviction when the marijuana case involved simple possession of marijuana, possession of ...
Continue reading "Marijuana Arrests and Convictions/ Expungements" »
Posted on Jan 9, 2011 By Christine McGuire
Non custodial services for misdemeanors and felonies including work release, out of custody bookings and out of custody DNA collections are available at the Work Release Window located at the Santa ...
Continue reading "Work Release at the Santa Cruz County Sheriff's Office" »
Posted on Jan 8, 2011 By Christine McGuire
AB 211 requires new construction plans for schools commencing in July of 2011 to include doors that lock from the inside. AB 211 was enacted because violent incidents on school campuses are increasing ...
Continue reading "New Laws Effective 2011" »
Posted on Jan 7, 2011 By Christine McGuire
AB 2764 requires the State Bar of California president to create a governance in the public interest task force to submit a report in 2011 and every three years thereafter to the Supreme Court, the ...
Continue reading "More New Laws 2011" »
Posted on Jan 6, 2011 By Christine McGuire
Pursuant to SB 1399 permanently medically incapacitated prisoners will be granted medical parole if they meet certain criteria and the Board of Parole Hearings concludes that they would not reasonably ...
Continue reading "New Laws for 2011 Affecting California Residents" »
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