Skip to main content
John M. Kaman

John Kaman’s Legal Guides

330 total


  • Realignment 101, Part 6: Standard conditions of probation

    Under the new regime standardconditions of probation are written into the statute. Many are unsurprising but some impose conditions that the defnse bar would usually oppose. Among the conditions is an agreement to flash periods of incarceration of up to 7 days (14 days aggregate)...

    Read more 

  • Co-Defendant Problems

    A question I see often on Avvo runs like this. "We were out shopping and my friend shoplifted some items. I did not know she had done this but we were both charged. She will admit that she was acting alone." Does this help get the case dismissed as to the innocent arty? Unfortuna...

    Read more 

  • Realignment 101, Part 5: Parolees in Custody as of October 1

    The new law creates some equal protection issues with regard to those already sentenced and those sentenced after October 1, 2011. Existing parolees may find themselves in such a situation. Let's suppose that you are on CDC parole and in county custody pending a hearing on violat...

    Read more 

  • Realignment 101, Part 4: Non-Custodial Alternatives

    Under the new laws counties can expand their non-detentional custody programs. This means that home detention may be expanded, among other things. Morover counties can authorizing a program of electronic monitoring instead of bail. Electronic monitoring could apply to home detent...

    Read more 

  • Realignment 101, Part 3: No More Parole

    Under the new law, persons who serve all their time on a county jail felony will not undergo either a period of parole or probation following release. For those who are sentenced to less than the maximum and who are given a period of probation after their release almost everythin...

    Read more 

  • Realignment 101, Part 2

    The change that will affect the most people under realignment is the creation of a new felony, which will probably be referred to by most people as a county jail felony. Traditionally in California misdemeanors are punished by county jail terms, felonies by state prison. After Oc...

    Read more 

  • Realignment 101

    One of the most common concerns I hear on Avvo is whether the law is changing to give prisoners more credits than they now get. In general I've had to tell people these were prison rumors. Now the news is a bit different. By law operative October 1, 2011, massive changes are bein...

    Read more 

  • DUI Mistake

    The most commonly heard mistake I have heard people make when stopped for a possible DUI is the answer to the intitial question "How much have you had to drink tonight?" Invariably the bigggest drunks I have ever represented answer "two." Duh. First of all if you are potted or ev...

    Read more 

  • Elder Abuse, Pt 3

    Elder abuse is not limited topgysical abuse and neglect. It also includes the financial exploitation of the elder or dependent person. Thus 368(d) provides that if a person is not a caretaker but violates any provision of law proscribing embezzlement, forgery, fraud or identity t...

    Read more 

  • Elder Abuse, Pt 2

    What are the important elements of 368(b)? First of all you have to act willfully in causing the injuries that you caused. Willfully is a slippery concept. It does not require that you intended to break the law; it simply requires that you did the acts that constitute abuse of yo...

    Read more