Blog Posts in 2012
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Posted on May 18, 2012 By Christine McGuire
Vehicle Code section 23136 makes it unlawful for a person under 21 years of age to drive with a blood-alcohol concentration (BAC) of 0.01 percent or more, as measured by a preliminary alcohol ...
Continue reading "DUI for Persons Under 21, Part 2" »
Posted on May 15, 2012 By Christine McGuire
Section 23140(a) of the Vehicle Code makes it illegal for a person under 21 years of age to drive a vehicle when he or she has 0.05 percent or more, by weight, of alcohol in his or her blood. In 1999, ...
Continue reading "DUI for Persons Under 21, Part 1" »
Posted on Mar 20, 2012 By Christine McGuire
Subpoena What it is all about: Witnesses should be subpoenaed to give testimony in court. Most witnesses will appear as ordered. There may be cases in which the court will have to issue a warrant and ...
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Posted on Mar 19, 2012 By Christine McGuire
Evidentiary Considerations Witness Unavailable A witness who is physically available but refuses to testify, after the court has used all reasonable avenues to coerce the witnesses testimony is ...
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Posted on Mar 16, 2012 By Christine McGuire
Continuances: What it is all about: The court may grant continuances in a criminal case on a showing of good cause. To continue a criminal proceeding, the party requesting the continuance must file a ...
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Posted on Mar 15, 2012 By Christine McGuire
Exculpatory Evidence Related to Victim What it is all about: Under Penal Code Section 1054.1 (e) a prosecutor must disclose exculpatory evidence to the defendant or to his attorney, if it is in the ...
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Posted on Mar 14, 2012 By Christine McGuire
Defendants Statements to Probation Officers - What it is all about: Evidence Code Section 1040 which provides public entities with a privilege to refuse to disclose official information, has been held ...
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Posted on Mar 13, 2012 By Christine McGuire
No Civil Compromise of Domestic Violece Offenses Penal Code Section 1377 prohibits civil compromise of misdemeanor domestic violence offenses. Penal Code Section 1377 excludes from civil compromise ...
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Posted on Mar 9, 2012 By Christine McGuire
Dismissals: Judicial Authority Under Penal Code Section 1385 What it is all about: A judge may on his own motion or on the application of the prosecutor and in furtherance of justice order an action ...
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Posted on Mar 8, 2012 By Christine McGuire
Child Abuse and Neglect Counseling What it is all about: Children may be abused during the course of a domestic violence situation. The prosecutor may refer a person who is suspected of committing an ...
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Posted on Mar 7, 2012 By Christine McGuire
Deferred Entry of Judgement for Drug Offenders What it is all about: In cases in which the defendant appears to have a substance abuse problem and is charged with a drug offense, he may be eligible to ...
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Posted on Mar 6, 2012 By Christine McGuire
Criminal Threats and Sustained Fear: Penal Code section 422 requires the person threatened to be in sustained fear for his safety. The requirement that the threats cause the victim to be in sustained ...
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Posted on Mar 5, 2012 By Christine McGuire
Stalking and Continuous Course of Conduct Stalking under Penal Code section 646.9 has been held to be a continuous course of conduct crime to which unanimity instruction requirement does not apply. By ...
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Posted on Mar 2, 2012 By Christine McGuire
Penal Code Section 243(e): Battery Against Spouse, Cohabitant, Co-Parent What it is all about: Penal Code Section 243(e) prohibits the commission of a battery against a spouse, former spouse, ...
Continue reading "Penal Code Section 243(e): Simple Battery Against Spouse Cohabitant, Co-Parent" »
Posted on Mar 1, 2012 By Christine McGuire
Domestic Violence and Continuous Course of Conduct What it is all about: When a complaint charges a defendant with a single criminal act and the evidence at trial shows more than one unlawful act, the ...
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Posted on Feb 29, 2012 By Christine McGuire
What constitutes Co-Parent in a Domestic Violence Case? What it is all about: For purposes of Penal Code Section 273.5, a person must be considered the father or mother of another person's child ...
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Posted on Feb 28, 2012 By Christine McGuire
Who are Cohabitants in Domestic Violence? Penal Code section 273.5 applies to spouses, former spouses, cohabitants, former cohabitants, and co-parents. Penal Code section 273.5(a). Holding oneself out ...
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Posted on Feb 27, 2012 By Christine McGuire
What is Traumatic Condition? A "traumatic condition" in a domestic violence case is a wound or external or internal injury whether of a minor or serious nature that is caused by physical ...
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Posted on Feb 24, 2012 By Christine McGuire
Penal Code Section 273.5: Inflicting Corporal Injury on Spouse, Cohabitant, or Co-Parent What it is all about: Penal Code Section 273.5 (a ) sets forth the elements of the crime of Inflicting corporal ...
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Posted on Feb 23, 2012 By Christine McGuire
Definitions of Domestic Violence Domestic violence is abuse committed against a person who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or ...
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Posted on Feb 22, 2012 By Christine McGuire
Peaceful Contact Orders and Domestic Violence for Exchance of Children What it is all about: A judge may issue a Penal Code Section136.2 criminal protective order that allows the defendant to have ...
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Posted on Feb 21, 2012 By Christine McGuire
Firearm Restrictions and Domestic Violence What it is all about: A defendant subject to a Penal Code section 136.2 protective order may not own, posess, purchase, receive, or attempt to purchase or ...
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Posted on Feb 20, 2012 By Christine McGuire
Modification of Criminal Protective Order Section 3.5 What it is all about: Victims and even defendants frequently request the court to modify a criminal court protective order issued as a complete ...
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Posted on Feb 17, 2012 By Christine McGuire
Duration of Criminal Protective Order What it is all about: Penal Code Section 136.2 does not provide time limitations on the duration of protective orders, however the law is construed as limiting ...
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Posted on Feb 16, 2012 By Christine McGuire
Voting: Caretaker Deceiving Elder New Laws for 2012!! Adds Elections Code Section 18573.5 This bill provides that a person is guilty of a misdeamoner if he or she, while providing care or direct ...
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