Blog Posts in January, 2012
Posted on Jan 20, 2012 By Christine McGuire
Effective January 1, 2012: Penal Code Section 166 is amended by adding the following : 166.(a) A person guilty of any of the following contempts of court is guilty of a misdemeanor: (6) Willful ...
Continue reading "Jurors: Electronic Communications: Admonishments: Penalties" »
Posted on Jan 19, 2012 By Christine McGuire
Under previous law, the misdemeanor and infraction dismissal statute (Penal Code Section 1203.4a) was read to prohibit relief if the person re-offended during the first year after being sentenced. The ...
Continue reading "Expungement of Criminal Records" »
Posted on Jan 18, 2012 By Christine McGuire
For 2012, the law adds a new Chapter 6 (commencing with Section 26350) to Division 5 of Title 4 of Part 6 of the California Penal Code. Chapter 6 is titled "Openly Carrying an Unloaded ...
Continue reading "Firearms: Open Carry: When Prohibited" »
Posted on Jan 17, 2012 By Christine McGuire
Effective for 2012, amended Penal Code Section 368 increases fines for theft, embezzlement, forgery, fraud and identity theft and identity crimes against an elder or dependent adult. Specifically, the ...
Continue reading "Elder Abuse: Fines and Penalties" »
Posted on Jan 16, 2012 By Christine McGuire
Effective January 1, 2012, a court may, at sentencing of any domestic violence case, issue a restraining order regardless of whether or not the defendant is sentenced to the state prison or a county ...
Continue reading "Domestic Violence: Restraining Orders Upon Conviction" »
Posted on Jan 15, 2012 By Christine McGuire
Prior to 1/1/2012, the law required that if a person was convicted of a specified DUI offense within 10 years of 2, or 3, or more prior specified DUI offenses that the person be punished by enhanced ...
Continue reading "Driver's License Possible 10-Year Suspension for 4th Timers" »
Posted on Jan 12, 2012 By Christine McGuire
In September 2011, the Legislature debated the merits of AB 520, which lists new criteria for obtaining a restricted driver's license after entering a plea to a "Wet Reckless". The ...
Continue reading "New Laws for 2012: How Pleading to a "Wet Reckless" Will Affect Your Driving Privileges" »
Posted on Jan 5, 2012 By Christine McGuire
The California Supreme Court has explained that under both the Sixth Amendment to the United States Constitution and Article 1, section 15 of the California Constitution, a criminal defendant has the ...
Continue reading "What is Effective Assistance of Counsel" »
Posted on Jan 4, 2012 By Christine McGuire
Penal Code Section 995 provides that the information must be set aside by the court if the defendant has been committed without reasonable or probable cause. Reasonable and probable cause means a ...
Continue reading "What is a Penal Code Section 995 motion" »
Posted on Jan 3, 2012 By Christine McGuire
Penal Code Section 995 provides that the information must be set aside by the court if the defendant has been committed without reasonable or probable cause. Reasonable and probable cause means a ...
Continue reading "What is a Penal Code Section 995 motion" »
Posted on Jan 2, 2012 By Christine McGuire
If a person is arrested and charged with a crime, does the defendant have to prove (s)he is innocent? No. Under the law, a defendant ispresumed innocent until a judge or jury finds him or her guilty. ...
Continue reading "The Prosecution's Burden of Proof" »