Blog Posts in September, 2011
Posted on Sep 21, 2011 By Christine McGuire
A request for an attorney invokes the privilege to remain silent. The request for an attorney must be made in response to interrogation. A request for counsel upon arrest does not invalidate a later ...
Continue reading "Assertion of Miranda Rights" »
Posted on Sep 20, 2011 By Christine McGuire
Foreign language advisement Advisement of rights in a foreign language may result in an insufficient Miranda advisement if the proper words are not used. For instance in one case the Spanish word for ...
Continue reading "Foreign Language Advisement of Miranda Rights" »
Posted on Sep 19, 2011 By Christine McGuire
Law enforcement - the police - have no duty to advise a minor that he may call his parents. However juvenile arrests trigger certain advisement requirements. There is an exception to the rules ...
Continue reading "Advisement of Rights to Minors" »
Posted on Sep 15, 2011 By Christine McGuire
Procuring Prositution of Person Under 18 New Laws of 2012!! What it is all about: Adds Penal Code Section 261.9 This bill would require that a person who is convicted of seeking to procure or ...
Continue reading "Procuring Prostitution" »
Posted on Sep 14, 2011 By Christine McGuire
Professional Licenses and Certificates: Physicians and Surgeons While Incarerated for Misdemeanor New Laws for 2012!! What it is all about: Adds B usiness and Professions Code section 2236.2 (a) A ...
Continue reading "Professional Licenses and Certificates" »
Posted on Sep 13, 2011 By Christine McGuire
Peeping: Increased Penalties: New Laws for 2012!! What it is all about: Amends Penal Code Section 657 by adding "mobile phones" and adding new penalty provisiions. Existing law estaiblishes ...
Continue reading "Peeping: increased Penalties" »
Posted on Sep 12, 2011 By Christine McGuire
Elder Abuse: Preservation of property for Restitution: New Laws for 2012!! What it is all about: Adds Penal Code Section 186.12 Existing law provides criminal penalties for any person who commits a ...
Continue reading "Elder Abuse: Misdemeanor Penalties" »
Posted on Sep 9, 2011 By Christine McGuire
Domestic Violence: Strangulation: New Laws for 2012!! What it is all about: Amends Penal Code Section 273.5 Existing law provides that any person who willfully inflcits upon his or her spouse, former ...
Continue reading "Domestic Violence: Strangulation" »
Posted on Sep 8, 2011 By Christine McGuire
Battery: Against Security Officers and Custody Assistants: New Laws for 2012!! What it is all about: Amends Penal Code Section 243 by adding "Security officer" and "custody ...
Continue reading "Battery: Against Security Officers and Custody Assistants" »
Posted on Sep 7, 2011 By Christine McGuire
New Laws for 2012!! Aggravated White Collar Crime: Restitution: Preservation of Assets New legislation amends Penal Code Section 186.11 What it is all about: The existing law provides for extra ...
Continue reading "Aggravated White Collar Crime: Restitution" »
Posted on Sep 6, 2011 By Christine McGuire
Bail: Returned Fugitives: Adds Penal Code Section 1554.3 What this means for you: This bill would provide that after a person has been brought back to this state by extradition proceedings, the person ...
Continue reading "Bail: Returned Fugitives" »
Posted on Sep 5, 2011 By Christine McGuire
From 12:01 am August 19 through midnight Saturday officers from 13 law enforcement agencies in Santa Clara County arrested 356 persons for driving under the influence of drugs and/or alchohol. The 18 ...
Continue reading "DUI Crackdown" »
Posted on Sep 4, 2011 By Christine McGuire
AB 109 provides for new sentencing and parole guidelines to divert low-level, nonviolent inmates to counties including parole violators who typically spend a few months in state prison and offenders ...
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Posted on Sep 3, 2011 By Christine McGuire
Assault Recodified New Laws for 2012!! What it is all about: This change in the law amends Penal Code Section 245 Penal Code Section 245 used to include both assault likely to produce great bodily ...
Continue reading "Assault, Recodified" »
Posted on Sep 2, 2011 By Christine McGuire
Senate Bill 28 would raise the penalty for using a handheld phone or texting while driving for a first offense to $309 from $189. A second violation would add a point to a person's driving record. ...
Continue reading "Senate Bill 28 Hands-Free Law" »