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Criminal Law

Southern California Criminal Defense Blog

Information about California Defense Law as well as up-to-date news from the legal sector.
By Walin & Klarich

Post Frequency: 9.1/day

Last Entry: April 01, 2011 at 15:11:30

UNITED STATES SUPREME COURT AGREES TO HEAR CASE THAT COULD SEVERELY LIMIT PROSECUTORIAL IMMUNITY

Posted on May 29, 2008
The Supreme Court recently decided that it take up a Los Angeles case to decide whether a chief prosecutor can be held liable for a man's wrongful conviction for murder. The case of Van de Kamp vs. Goldstein will test the reach of the rule, set down by the Court in 1976 that prosecutors are immune from being sued, even when defendants are shown to be innocent...

COURT: SIXTH AMENDMENT GIVES DEFENDANT THE RIGHT TO HAVE JURY INFORMED OF MANDATORY MINIMUM SENTENCE

Posted on May 28, 2008
The case, United States v. Polizzi, involved a child pornography prosecution. The Defendant in the case immigrated to the United States from Sicily when he was a young adult. He thereafter married and had five successful sons. Additionally, he was able to purchase a restaurant, which he turned into a successful establishment as a result of working eighteen hours per day, seven days per week...

WHAT IS A ?BUI??

Posted on May 27, 2008
With summer upon us, many people will be taking advantage of the warm weather and sunshine by going boating, water skiing, jet skiing, and the like. Those who do, and who might be imbibing, should be aware of ?BUI? laws. While everyone knows that it is illegal to drive while ?under the influence? of alcohol and/or drugs, many may not be aware that similar laws apply on the water...

NEW DEVICE HELPS COPS INVESTIGATE COMPUTER CRIMES

Posted on May 23, 2008
Microsoft has developed a small plug-in device that investigators can use to quickly extract forensic data from computers that may have been used in internet crimes. The ?COFEE,? which stands for Computer Online Forensic Evidence Extractor, is a USB "thumb drive" that Microsoft distributes to law enforcement agencies investigating computer related crimes...

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VICTIM NEED NOT PRESENT ?PROOF? OF LOSS AT RESTITUTION HEARING

Posted on May 22, 2008
So says the California Court of Appeals in the recent case of People v. Gemelli. In that case, the victim provided information regarding losses sustained as a result of a burglary, but did not submit ?proof? of loss in the form of receipts and the like...

PROPOSED LAW TARGETS CRIMINAL IMMIGRANTS

Posted on May 21, 2008
The parents of Jamiel Shaw, a standout high school football player who was shot and killed, allegedly by a gang member who is present in the United States illegally, have asked the Los Angeles City Counsel to enact a City Ordinance designed to crack down on gang members who are in the United States illegally...

NEGLIGENT OPERATOR HEARINGS

Posted on May 20, 2008
If you have accumulated too many traffic points because of traffic ticket convictions, you run the risk of being tagged as a ?negligent operator? by the DMV. By law, a driver is presumed to be a negligent operator if the driver has 4 or more points in 12 months, 6 or more points in 24 months, or 8 or more points in 36 months...

Wireless Telephone Laws FAQs

Posted on May 19, 2008
Two new laws dealing with the use of wireless telephones while driving go into effect July 1, 2008. Below is a list of Frequently Asked Questions concerning these new laws. Q: When do the new wireless telephone laws take effect? A: The new laws take effect July 1, 2008 Q: What is the difference between the two laws? A: The first prohibits all drivers from using a handheld wireless telephone while operating a motor vehicle...

POLICE SEEK CONSENT TO SEARCH HOMES

Posted on May 16, 2008
Police officers in Washington, D.C. are so anxious to get guns out of the city they are actually going door-to-door asking citizens for "consent" to enter their homes to search for illegal guns. Washington, D.C. is home to one of the most restrictive gun bans in the United States...

FIELD SOBRIETY TESTS - DO I HAVE TO TAKE THEM?

Posted on May 15, 2008
The short answer to this question is, as a general rule - NO!! If you have been pulled over or contacted by police officers that suspect that you have been driving under the influence of alcohol or drugs, you are, with one possible exception, under no legal obligation to submit to so-called "Field Sobriety Tests...

SUSPICIONLESS SEARCH OF COMPUTER HELD CONSTITUTIONAL

Posted on May 14, 2008
In a recent opinion by the United States Court of Appeals for the Ninth Circuit, the Court ruled that US Customs officers can search the electronic contents of an international passenger's computer without having a "reasonable suspicion" that the computer contains illegal material...

DUI in California Based on "Unsafe Turning Movement"

Posted on May 13, 2008
Police Officers can legally pull a person over for just about any violation of the California Vehicle Code as an excuse to investigate whether the driver of the vehicle is under the influence of alcohol or drugs. However, one of the more common violations officers cite as the probable cause to pull vehicles over to investigate DUI's is Vehicle Code Section 22107, more commonly known as "unsafe turning movement"...

THE EFFECT OF EARNING CAPACITY OF AN OBLIGATING PARENT IN A CHILD SUPPORT ISSUE

Posted on May 12, 2008
When an obligating parent quits his job voluntarily to pursue another career or to go back to school, the court may impute that obligating parent?s earning capacity ability and better yet, the court may also impute that parent?s earnings at the time he/she quit his/her job even if that parent goes back to school and is not working or just working part time while going to school so long as that obligating parent voluntarily quit his full time job...

SHOPLIFT

Posted on May 09, 2008
Shoplifting is the crime of stealing, or making an effort to steal, or intentionally paying less than the full amount for products or goods in a store. Shoplifting can include taking something without the intention of paying for it, hiding, concealing, or modifying a store?s goods (including the price tag) with the intention of stealing it or unlawfully paying less that it is being sold for...

EMBEZZELMENT

Posted on May 08, 2008
Embezzlement is the theft of property and/or money by an individual or entity that is responsible for handling the assets. Embezzlement typically occurs in corporate settings and places of employment. Embezzlement charges can carry serious consequences regardless of whether the defendant is guilty...

DUI

Posted on May 07, 2008
Driving Under the Influence (DUI) is a serious offense, which can carry harsh penalties including heavy fines, license suspension, and even jail time. The severity of DUI laws varies from state-to-state; however, most states enforce DUI laws rigorously...

BATTERY CHARGES

Posted on May 06, 2008
Battery is the nonconsensual, harmful or offensive touching of a person or anything attached to that person, such as a wallet or purse. Unlike assault, battery requires actual physical contact. Proof of damage from the injury is not always required for successful battery charges, but in most jurisdictions, proof of intent to cause harm is...

?SOCK-PUPPETING? MAY LEAD TO CRIMINAL CHARGES

Posted on May 05, 2008
For the uninitiated, the term ?sock-puppet? is used in reference to the Internet to describe a situation where a person creates a fake online identity, usually for the purpose of deception. While it might seem obvious that, for instance, if a person makes up a false identity, and posts an ad offering to sell a baseball autographed by Babe Ruth for $10,000, but the poster has no such baseball, and the poster takes another person?s $10,000 and fails to deliver the goods, the poster can be charged with an internet crime...

US SUPREME COURT AGREES TO HEAR WARRANTLESS SEARCH CASE

Posted on May 02, 2008
The US Supreme Court has announced recently that it will hear the case of a man who was arrested in his home by officers who did not have a warrant. In the case, the man, Afton Callahan, of Utah, was being investigated by police for allegedly selling meth-amphetamine out of his home...

LAPD CARS TO BE OUTFITTED WITH CAMERAS

Posted on May 01, 2008
The Los Angeles City Counsel?s Public Safety Committee has voted 3-1 to approve the installation of video cameras in Los Angeles Police Department patrol cars. Cameras had been recommended by the Christopher Commission, which investigated the LAPD in the wake of the beating of motorist Rodney King by LAPD officers ? a beating captured on videotape by a civilian...

BE SURE YOUR LAWYER IS IN FACT A LAWYER

Posted on April 30, 2008
That?s the message that a recent press release from the Los Angeles County District Attorney?s Office sends. The press release involves the recent conviction of Ross Stanley Berton, age 61. Mr. Berton pleaded guilty to 15 counts of grand theft, two counts of offering false evidence, one count of forgery and one count of identity theft...

CHP GETS FEDERAL GRANT TO CRACKDOWN ON DUI DRIVERS WITH ARREST WARRANTS

Posted on April 29, 2008
A recent press release from the California Highway Patrol announced that the agency has received a federal grant to arrest DUI drivers with outstanding warrants for failure to appear in court on DUI charges, or failure to pay fines or show proof of completion of other requirements imposed by the court after a DUI conviction...

SEX OFFENDERS AND MYSPACE

Posted on April 28, 2008
Recently, the Connecticut Attorney General wanted information from MySpace as to whether any registered sex offenders had a web page on My Space. At first News Corp, which owns MySpace, did not comply with the Attorney General?s request, but eventually they turned over the information and also removed the profiles of over 7,000 MySpace participants from the site after identifying them as Registered Sex Offenders...

CA LEGISLATURE: TIME CHANGE HAS NO IMPACT ON CLOSING TIME, MAYBE?!?!?

Posted on April 25, 2008
Many of us are still trying to adapt to the new dates for changing our clocks from Pacific Standard Time to Pacific Daylight Time and back, and figuring out how to get the time on our VCRs and cellular telephones to change consistent with the new rules established by the federal Energy Policy Act of 2005 ? the federal legislation that changed the dates when we change our clocks...

THERE IS NO PRIVACY ON THE INTERNET

Posted on April 24, 2008
According to a recent report on Foxnews.com, this point was made clear recently to a group of teenage girls in New York, who apparently videotaped themselves confronting a younger girl, and then slapping and kicking the girl in the head and body. The girls then apparently posted the video footage of the beating on YouTube...

COURT: BREATH TESTS ADMISSIBLE

Posted on April 23, 2008
A March 17, 2008 ruling by the New Jersey Supreme Court declares that results of breath tests given to DUI suspects on devices manufactured by Alcotest are sufficiently reliable to be admitted in New Jersey DUI prosecutions. 20 people who had been arrested for DUI in New Jersey collectively filed a lawsuit challenging the use of the breath tests in their cases...

WHAT YOU SAY CAN COME BACK TO HAUNT YOU

Posted on April 22, 2008
When a person is in custody very often they feel it is "safe" to share their thoughts to other inmates. In some cases inmates may call a lawyer on the phone to ask for legal advice. In other cases an inmate who has retained a law firm may decide to discuss the facts of their case with their lawyer over a jail house phone...

IMMIGRATION CONSEQUENCES OF CRIMINAL CASES

Posted on April 21, 2008
(Your Criminal Case can lead to your deportation or denial of citizenship) It is critical that if you are not a United States citizen and are accused of a criminal offense in California must you immediately inform your criminal defense attorney of your immigration status...

NEWS FLASH: COPS TAPE RECORD JAIL CELLS

Posted on April 18, 2008
While this headline might seem so intuitive as to border on the humorous, a recent case in Los Angeles reveals that there is some benefit in conveying this message. According to CNN.com, the case involves two elderly women who are alleged to have hatched a scheme to befriend transient men, take out hefty insurance policies on their lives, and then drug them and, while the men were drugged, to run the men over and kill them ? making the accidents look like hit and run accidents involving homeless men...

WHAT?S THAT LEPRECHAUN GOT IN HIS PIPE ANYWAY?

Posted on April 17, 2008
I guess green beer and corned beef and cabbage are a thing of the past. The web site The Smoking Gun recently reported that, on March 17, 2008, Ohio law enforcement officers seized crack cocaine that had been dyed green as the Emerald Isle itself ? in honor of St...

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