Recent Posts in Intellectual Property Crimes Category
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 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 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 May 10, 2011 By Christine McGuire
If the child admits the truth of the allegation in juvenile court he or she is entitled to have the same judge preside at the jurisdiction and disposition hearing. The juvenile may waive this right to ...
Continue reading "Juvenile Crimes, Recording the Dispositional Hearing" »
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 Jan 19, 2011 By Christine McGuire
The FBI and law enforcement opened the Orange County Regional Computer Forensics Laboratory also known as OCRCFL. The OCRCFL is part of the RCFL program which is a national network of FBI sponsored, ...
Continue reading "Orange County RCFL Opened" »