Expungement of Petty Theft Conviction a Mistake, Although Defendant Consequently Faces Deportation
Jan 09, 2013
Defendant Hyung Joon Kim immigrated to the United States from South Korea at age six. He became a lawful permanent resident in 1986, but not a citizen.
While a juvenile, he was arrested multiple times...
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Partygoers’ Convictions For Attempted Murder Based on “Kill Zone” Theory Reversed
Jan 08, 2013
On January 19, 2008, at least 428 people attended an eighteenth birthday party at a Masonic Lodge in Lakewood, California. The party was for twin brothers Randall and Carlton Hook, African-Americans wh...
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What is Indecent Exposure (Penal Code § 314)
Jan 07, 2013
California Penal Code 314 defines indecent exposure as intentionally exposing oneself or ones private parts in any public place or in any place in the presence of others to be offended or annoyed ...
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DUI Arrest Proper When Man Stumbles in Middle of Road While Picking Up Fallen Tools
Jan 03, 2013
When someone is not observed driving, but appears drunk or intoxicated on drugs, an arrest for DUI merits a closer look.
Sometimes an officer will find someone sleeping in their car on the side of the...
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Court Incorrectly Grants Certificate of Rehabilitation By Not Evaluating Recent Drug Offense
Jan 02, 2013
Mitchell Zeigler was convicted in 1989 of two felony counts of transportation or sale of narcotics (Health and Safety Code 11352) in Santa Clara County. He was granted probation, but violated it in 19...
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Conviction for Attempted Criminal Threat (PC 422) Proper Although Neighbor’s Fears May Have Been Unreasonable
Dec 31, 2012
Ben Chandler, Jr., and his female neighbor had problems with each other. His female neighbor, Ms. Lopez, then went to court and received a civil restraining order against Chandler. The two lived in the...
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Ten Year Restraining Order Proper for Mother Who Stalks Husband and Scares Daughter
Dec 27, 2012
Nancy Clayburg had a daughter with B. Clayburg. In April of 2007, the two separated. At the time, their daughter was nine years old. The daughter stayed with Mr. Clayburg.
In November of 2007,...
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Removal Order Affirmed For Alien Convicted For Use Of Drug Paraphernalia
Dec 26, 2012
Marcelino Oseguera Madrigal was ordered removed from the United States in February, 2009, fifteen years after he pled guilty in Washington State to a reduced charge of use of drug paraphernalia. Osegue...
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Dismissal of Forgery Charges Reversed Although Defendants Impersonated No One During Scheme
Dec 21, 2012
Aaron Ashby owned Ashby Remodeling Services. On April 18, 2011, he parked his car and left it unlocked. Shortly thereafter, he returned to his car and discovered his company check book had been t...
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Expungement Not Available When Probation Terminated In Domestic Violence Case
Dec 19, 2012
Many Attorneys tell their clients the expungement is a right. In fact, Penal Code 1203.4 uses the word shall, meaning the court has no discretion to deny an expungement request if the defendant q...
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