Blog Posts in January, 2011

• Posted By Christine McGuire 30-Jan-2011

  The Crime Of Kidnapping

  The crime of Kidnapping is divided by statute into simple kidnapping and aggravated kidnapping. Asportation, also known as movement, requirement for kidnapping vary depending on the type of kidnapping charged by the prosecutor. Simple kidnapping ...

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• Posted By Christine McGuire 29-Jan-2011

  Driving Under the Influence - Driver License Suspension-Review

  Driving Under the Influence Immediate Driver License Suspension Drivers Age 21 and Older After the hearing decision following the Admin Per Se Hearing, you may make a written request for a department review within 15 days or a court review within 30 ...

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• Posted By Christine McGuire 29-Jan-2011

  Driving Under the Influence - Driver License Suspension-Review

  Driving Under the Influence Immediate Driver License Suspension Drivers Age 21 and Older After the hearing decision following the Admin Per Se Hearing, you may make a written request for a department review within 15 days or a court review within 30 ...

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• Posted By Christine McGuire 28-Jan-2011

  Juvenile Misdemeanor Arrest and Citation Records/Expungements

  A person who as a minor was arrested for a misdemeanor offense may have the arrest record of the misdemeanor offense and his or her juvenile court record related to the misdemeanor offense sealed if he or she was released for lack of probable cause, ...

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• Posted By Christine McGuire 27-Jan-2011

  Search of Text Message Folders of Cell Phones

  The California Supreme Court recently ruled that police may search the text message folders of cell phones taken from suspects following the suspect's arrest. The case of People v Diaz involved a drug arrest, seizure of the cell phone and search ...

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• Posted By Christine McGuire 26-Jan-2011

  Challenging Voluntariness of Codefendant's Statement

  A person charged with a crime has the right to challenge a statement made by a codefendant on the ground that the statement was involuntary. A defendant has standing to challenge the admissibility of evidence obtained as a result of another person's ...

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• Posted By Christine McGuire 25-Jan-2011

  Involuntary Statements Obtained by Police are Inadmissible

  Confessions that are coerced by the police during the investigation of a felony or misdemeanor are inadmissible. An involuntary statement including a confession or admission cannot be used against a person charged with a misdemeanor or felony in a ...

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• Posted By Christine McGuire 24-Jan-2011

  Out of State Fines

  Federal regulations require the DMV (Department of Motor Vehicles) to verify a driver's license application through the National Driver Registry and the Problem Driver Pointer System. The National Driver Registry and the Problem Driver Pointer System ...

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• Posted By Christine McGuire 23-Jan-2011

  Sex Offenders Tracking

  The Sex Offender Tracking Program at the California Department of Justice maintains the registered sex offender database. By law, persons convicted of certain sex crimes are required to register as a sex offender with a local law enforcement agency. ...

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• Posted By Christine McGuire 22-Jan-2011

  Sex Offender Registration Updating

  The Sex Offender Tracking Program at the California Department of Justice maintains the registered sex offender database Registered sex offenders are required to update their information annually within five working days of their birthday. Some sex ...

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• Posted By Christine McGuire 21-Jan-2011

  Sex Offender Tracking Program and Exclusion From Website

  Not all registered sex offenders appear on the internet web site Twenty Five percent of registered sex offenders are excluded from public disclosure on the internet web site by law Public disclosure is permitted based on the type of sex crime for ...

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• Posted By Christine McGuire 20-Jan-2011

  Secure Communities

  The new Immigration and Customs Enforcement Program known as Secure Communities has gone into effect in 38 out of California's 58 counties. Secure Communities checks jail inmate's fingerprints against Department of Homeland Security immigration ...

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• Posted By Christine McGuire 19-Jan-2011

  Orange County RCFL Opened

  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, full service forensics laboratories and training ...

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• Posted By Christine McGuire 18-Jan-2011

  Cleansing and Sealing of Criminal Records/Expungements

  Finding of Factual Innocence. Pursuant to Penal Code Section 851.8 a person who is factually innocent of a crime whether a misdemeanor or felony may be able to have his or her criminal records sealed by obtaining a declaration of factual innocence A ...

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• Posted By Christine McGuire 17-Jan-2011

  Civil v Criminal Law - Domestic Violence Restraining Orders

  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 same act of domestic violence. In a civil domestic ...

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• Posted By Christine McGuire 16-Jan-2011

  New Laws for 2011- Protection of Minors

  AB 1280 known as Adam's Law creates a stiff penalty of life without the possibility of parole for abuse by a parent or other caregiver that causes a child under 8 to go into a coma or becomes permanently paralyzed. AB 1844 known as Chelsea's law sets ...

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• Posted By Christine McGuire 15-Jan-2011

  New Laws for 2011 and Minors

  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 providing they meet certain criteria. This legislation ...

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• Posted By Christine McGuire 14-Jan-2011

  Expedited Jury Trials Act 2011

  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 percent. The Expedited Jury Trails Act is modeled ...

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• Posted By Christine McGuire 12-Jan-2011

  Sealing Records after Successful Completion of Penal Code Section 1000 or 1000.5 Program

  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 written or oral motion or on the Court's own motion ...

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• Posted By Christine McGuire 11-Jan-2011

  Bookings and DNA Collections at the Santa Cruz County Sheriff's Office

  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 are 8:00 am to 4:pm Monday through Friday except ...

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• Posted By Christine McGuire 10-Jan-2011

  Marijuana Arrests and Convictions/ Expungements

  Records of marijuana arrests and convictions are automatically destroyed two years after the arrest or conviction when the marijuana case involved simple possession of marijuana, possession of marijuana on school grounds or offering, giving away or ...

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• Posted By Christine McGuire 9-Jan-2011

  Work Release at the Santa Cruz County Sheriff's Office

  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 Cruz County Jail. Non-custodial services hours are ...

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• Posted By Christine McGuire 7-Jan-2011

  More New Laws 2011

  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 governor and the legislative judiciary committee ...

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• Posted By Christine McGuire 5-Jan-2011

  New Laws 2011

  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 charges. SB 657 which goes into effect in 2012 ...

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• Posted By Christine McGuire 4-Jan-2011

  California Courts Protective Order Registry and Domestic Violence Misdemeanor and Felony Cases

  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 allows CCPOR users to view exact electronic images of ...

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