Recent Posts in Monterey Domestic Violence Defense Attorney/Lawyer Category
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 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 Mar 21, 2011 By Christine McGuire
Most persons charged with a misdemeanor may appear through their defense attorney at all stages of the misdemeanor case including the arraignment on charges. However a person charged with a ...
Continue reading "Proceedings on Arraignment - Domestic Violence" »
Posted on Feb 28, 2011 By Christine McGuire
The Lautenberg Amendment to the Gun Control Act of 1968 became effective September 30, 1996. The Lautenberg Amendment potentially affects any soldier who has been convicted of domestic violence or who ...
Continue reading "Domestic Violence and The Lautenberg Amendment" »
Posted on Jan 17, 2011 By Christine McGuire
There is a difference between civil cases and criminal cases with regard to domestic violence. Criminal domestic violence and civil domestic violence cases may occur at the same time involving the ...
Continue reading "Civil v Criminal Law - Domestic Violence Restraining Orders" »
Posted on Jan 11, 2011 By Christine McGuire
Non-Custodial Services including Out-Of-Custody Bookings and Out-Of-Custody DNA Collections are available at the Work Release Window located at the Santa Cruz County Jail. Non-custodial Services hours ...
Continue reading "Bookings and DNA Collections at the Santa Cruz County Sheriff's Office" »
Posted on Jan 9, 2011 By Christine McGuire
Non custodial services for misdemeanors and felonies including work release, out of custody bookings and out of custody DNA collections are available at the Work Release Window located at the Santa ...
Continue reading "Work Release at the Santa Cruz County Sheriff's Office" »
Posted on Jan 4, 2011 By Christine McGuire
CCPOR also known as the California Courts Protective Order Registry provides courts and law enforcement with complete and accessible information on restraining orders and protective orders. CCPOR ...
Continue reading "California Courts Protective Order Registry and Domestic Violence Misdemeanor and Felony Cases" »
Posted on Jan 2, 2011 By Christine McGuire
A domestic violence protective/restraining order must be registered in a California court for the purpose of being entered in the DVROS when the protected person in possession of the ...
Continue reading "Out of State Domestic Violence Protective Orders" »
Posted on Jan 1, 2011 By Christine McGuire
A judge in a misdemeanor or felony domestic violence case may issue a criminal protective order that allows the person charged or convicted of a domestic violence related crime to have peaceful ...
Continue reading "Peaceful Contact Orders for Safe Exchange of Children and Domestic Violence Cases" »