Recent Posts in Felony Category
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Posted on Dec 7, 2011 By Christine McGuire
Do courts provide interpreters for non-English speakers? Yes . At critical stages of a case, a judge will appoint an interpreter to translate for defendants who have substantial difficulty speaking ...
Continue reading "Court Interpreters for Non-English Speakers & Hearing-Impaired" »
Posted on Nov 30, 2011 By Christine McGuire
Defendants charged with crimes are almost always best served by obtaining a lawyer. Are all criminal defendants represented by lawyers? Not all are, but most criminal defendants choose to be ...
Continue reading "Do I Need a Lawyer?" »
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 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 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 Aug 1, 2011 By Christine McGuire
VC 22405(a) provides that no person shall drive a vehicle on any bridge, elevated structure, tube or tunnel constituting a part of a highway at a speed that is greater than the maximum speed that can ...
Continue reading "Speeding on Bridges, Tunnels and Overpasses" »
Posted on Mar 14, 2011 By Christine McGuire
California Vehicle Code Section 23109. In People v Grier the court construed subdivision (a) of section 23109 stating that "It is common knowledge that maximum control of a vehicle upon the highway is ...
Continue reading "Speed Contest" »
Posted on Mar 12, 2011 By Christine McGuire
A person who is being investigated for driving a vehicle under the influence of alcohol or drugs ( DUI ) is offered an opportunity to provide to law enforcement a sample of his or her breath in the ...
Continue reading "PAS Test" »
Posted on Mar 11, 2011 By Christine McGuire
Thousands of California drivers are unable to renew their drivers licenses prior to the expiration of their licenses because of glitches with the DMV's new high-tech format. The Department of Motor ...
Continue reading "DMV and Temporary Licenses" »
Posted on Mar 9, 2011 By Christine McGuire
A lawful road stop stop by law enforcement begins when a vehicle is pulled over for investigation of a traffic violation. A temporary seizure of a driver of the vehicle and its passengers continues ...
Continue reading "Questioning of Passenger" »
Posted on Mar 7, 2011 By Christine McGuire
The police may search without a warrant pursuant to a probation or parole search clause. The police do not need to have a probationary purpose for the search. The police also do not have to have a ...
Continue reading "Probation/Parole Searches" »
Posted on Mar 2, 2011 By Christine McGuire
Police in Santa Cruz have launched a cell phone application that compiles crime maps, crime news and crime alerts and lets its users listen to the police radio online. The application combines the ...
Continue reading "Apps Links Cops" »
Posted on Feb 23, 2011 By Christine McGuire
The Recording Industry Association of America is a trade association whose members are part of the music industry. In the recent case of People v Kelly, the Court held that the Recording Industry ...
Continue reading "Restitution and the Trade Association" »
Posted on Feb 22, 2011 By Christine McGuire
A probation condition in a misdemeanor or felony gang related case that a person not associate with someone he suspects to be a gang member was found to be unconstitutionally vague in the recent case ...
Continue reading "Probation Condition that Person Not Associate with Someone he Suspects is a Gang Member" »
Posted on Feb 21, 2011 By Christine McGuire
A witness who claims the privilege against self incrimination has the burden of showing that the privilege against self incrimination applies to him or her. The person claiming the privilege has the ...
Continue reading "Courts Power to Inquire into Exercise of Privilege Against Self Incrimination" »
Posted on Feb 20, 2011 By Christine McGuire
California Penal Code section 192(c) defines vehicular manslaughter as driving a vehicle in the commission of an unlawful act not amounting to a felony and with gross negligence or driving a vehicle ...
Continue reading "Vehicular Manslaughter" »
Posted on Feb 14, 2011 By Christine McGuire
The National Highway Traffic Safety Administration also known as NHTSA has approved 126 mobile evidential breath measurement devices as of March 2010. Over 350 law enforcement agencies throughout ...
Continue reading "Mobile Evidential Breath Measurement Devices in DUI Investigations" »
Posted on Feb 11, 2011 By Christine McGuire
A wobbler is an offense that is chargeable either as a felony or as a misdemeanor without the imposition of the sentence. When a judge grants felony probation on a crime that is a wobbler, the judge ...
Continue reading "Reduction of Felony to Misdemeanor" »
Posted on Feb 9, 2011 By Christine McGuire
California has adopted legislation which bans texting while driving a vehicle. The legislation took effect January 1, 2009. It prohibits a person from driving a motor vehicle while using a electronic ...
Continue reading "Texting While Driving" »
Posted on Feb 8, 2011 By Christine McGuire
A criminal defense attorney determines from the totality of the circumstances and the substances of the witness's proposed testimony whether the privilege against self incrimination may be claimed. ...
Continue reading "Advising Witness to Refuse to Testify" »
Posted on Feb 7, 2011 By Christine McGuire
United States District Judge Jeremy Fogel toured San Quentin State Prison this past week to see whether the new execution chamber meets constitutional standards. According to a San Jose Mercury News ...
Continue reading "Death Penalty In California" »
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