Recent Posts in Drug Abuse Category
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 ...
Continue reading "Deferred Entry of Judgement for Drug Offenders" »
Posted on Nov 2, 2011 By Christine McGuire
Upon receipt of an order to seal an adult, juvenile or portion of a record, the Department of Justice will seal the record or portion of the record in the Automated Criminal History System. In ...
Continue reading "Order to Seal a California Record" »
Posted on Nov 1, 2011 By Christine McGuire
Upon receipt of a petition to seal, DOJ will analyze the order to ensure the petition has the signature of the LEA representative or court official. The order must be checked "Petition ...
Continue reading "DOJ 851.8 Processing and Petition to Seal" »
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 Aug 18, 2011 By Christine McGuire
Regarding vehicle liability insurance changes On January 1, 2006 all insurance companies were required to report insurance status to DMV for all private use vehicles. As of July 1, 2006 law ...
Continue reading "Car Insurance and vehicle code violations" »
Posted on Aug 17, 2011 By Christine McGuire
The law does not impose a duty on the district attorney to collect evidence that might benefit the defense. Once evidence however is collected due process imposes on the prosecution a duty to preserve ...
Continue reading "Duty to Preserve Favorable Evidence (Trombetta Youngblood Motion" »
Posted on Aug 10, 2011 By Christine McGuire
Drivers and every owner of a motor vehicle must maintain financial responsibility at all times. Whenever you drive, you must carry written evidence of financial responsibility. There are four types of ...
Continue reading "Maintaining Financial Responsibility" »
Posted on Aug 9, 2011 By Christine McGuire
Because of a person's right of confrontation, depositions are not available in criminal prosecutions. Under certain circumstances however a witness may be conditionally examined before trial to ...
Continue reading "Conditional Examinations" »
Posted on Aug 8, 2011 By Christine McGuire
The dismissal of a case pursuant to Penal Code Section 995 terminates the criminal action. Thus, when charges are refiled by the prosecutor after a Section 995 dismissal, the refiled charges ...
Continue reading "When the Two Dismissal Rule Applies" »
Posted on Feb 1, 2011 By Christine McGuire
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, ...
Continue reading "Sealing Criminal Records" »
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 Nov 15, 2010 By Christine McGuire
Persons housed at the Main Jail in Santa Cruz County for misdemeanors such as driving under the influence or domestic violence or felonies such as drug offenses and sex crimes may see visitors in one ...
Continue reading "Inmate Services at the Santa Cruz County Jails " »
Posted on Nov 10, 2010 By Christine McGuire
In a misdemeanor or felony jury trial for crimes such as Domestic Violence , Driving Under the Influence , Drug Offenses , DUI With Injury , Vehicular Manslaughter , selection of jurors from a jury ...
Continue reading "Peremptory Challenges and Jury Selection" »
Posted on Nov 8, 2010 By Christine McGuire
The Santa Cruz County Corrections Bureau operates four correctional facilities also known as jails in Santa Cruz County. The correctional facilities include the Main Jail and Blaine Street Facility. ...
Continue reading "Correctional Facilities/Jails in Santa Cruz County" »
Posted on Nov 3, 2010 By Christine McGuire
Following closing arguments and jury deliberations in a misdemeanor or felony jury trial, the jury may reach a verdict. Should the jury reach a verdict, the foreperson of the jury notifies the court's ...
Continue reading "Misdemeanor and Felony Jury Trials and Jury Verdicts" »
Posted on Oct 27, 2010 By Christine McGuire
A person may be eligible for what is called deferred entry of judgment in a drug offense case. The person charged with the drug crime must plead guilty to the crime charged and waive time for entry of ...
Continue reading "Drug Offense Cases and Deferred Entry of Judgment" »
Posted on Oct 23, 2010 By Christine McGuire
There are three filed premium rates that bondsmen must charge in the State of California for bail bonds in connection with misdemeanor charges such as DUIs , Domestic Violence and felony charges such ...
Continue reading "What are the Premium Rates for Bail Bonds in California" »
Posted on Oct 20, 2010 By Christine McGuire
Posting of a bail bond in connection with a misdemeanor or felony criminal case such as DUI, Domestic Violence , Drug Offenses , Sex Crimes and Murder involves a contract guaranteed by a licensed, ...
Continue reading "What is Bail and How Does It Work" »