Recent Posts in Santa Clara County Domestic Violence Defense Attorney Category
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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 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 15, 2011 By Christine McGuire
A new law for 2011 already in effect prohibits the sale of electronic cigarettes to minors. Teens in California's foster care system will be eligible for extended support benefits up to age 21 ...
Continue reading "New Laws for 2011 and Minors" »
Posted on Jan 14, 2011 By Christine McGuire
The Expedited Jury Trials Act took effect January 2011. The Expedited Jury Trials Act changes the nature of civil disputes in California by reducing the cost of a simple jury trial by as much as 80 ...
Continue reading "Expedited Jury Trials Act 2011" »
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 8, 2011 By Christine McGuire
AB 211 requires new construction plans for schools commencing in July of 2011 to include doors that lock from the inside. AB 211 was enacted because violent incidents on school campuses are increasing ...
Continue reading "New Laws Effective 2011" »
Posted on Jan 7, 2011 By Christine McGuire
AB 2764 requires the State Bar of California president to create a governance in the public interest task force to submit a report in 2011 and every three years thereafter to the Supreme Court, the ...
Continue reading "More New Laws 2011" »
Posted on Jan 6, 2011 By Christine McGuire
Pursuant to SB 1399 permanently medically incapacitated prisoners will be granted medical parole if they meet certain criteria and the Board of Parole Hearings concludes that they would not reasonably ...
Continue reading "New Laws for 2011 Affecting California Residents" »
Posted on Jan 5, 2011 By Christine McGuire
Under AB 962 handgun ammunition sales and deliveries will have to be done in person and buyers will have to provide identification and a thumbprint. A seller who violates the law faces misdemeanor ...
Continue reading "New Laws 2011" »
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 3, 2011 By Christine McGuire
If the victim of a domestic violence criminal case, whether a misdemeanor or felony, contacts the defendant who is subject to a protective order during the pendency of the domestic violence protective ...
Continue reading "Enforcement of DV Protective Orders when Victim Contacts Defendant" »
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" »
Posted on Dec 31, 2010 By Christine McGuire
The issuance of mutual protective orders in misdemeanor or felony criminal domestic violence cases is not authorized by statute. Of note is the fact that a criminal court lacks jurisdiction over a ...
Continue reading "Mutual Protective Orders" »
Posted on Dec 28, 2010 By Christine McGuire
A person who is charged with a violent felony, serious felony or with certain domestic violence crimes may not be released on his or her own recognizance (OR) without a hearing in court. The judge ...
Continue reading "OR or Own Recognizance Release and Domestic Violence, Serious or Violent Felonies" »
Posted on Dec 23, 2010 By Christine McGuire
The law requires a judge when issuing a criminal protective order under Penal Code Section 136.2 during a criminal case or as a condition of probation under Penal Code Section 1203.097 against a ...
Continue reading "Firearms and Domestic Violence Cases " »
Posted on Dec 22, 2010 By Christine McGuire
Persons accused or convicted of misdemeanor or felony domestic violence often request a court to modify a criminal court protective order issued as a complete stay away asking the judge to permit ...
Continue reading "Modification of Domestic Violence Protective Orders" »
Posted on Dec 21, 2010 By Christine McGuire
Law enforcement agencies must maintain a record of all protective/restraining orders sent to them in domestic violence cases. The records of stay-away orders, protective/restraining orders are used to ...
Continue reading "Notice to Law Enforcement of Domestic Violence Protective Orders" »
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