In Juvenile Vandalism Case Involving Graffiti, Restitution Cannot Include Investigation Costs
Nov 26, 2012
In 2011 in Lancaster, California, Luis M., a juvenile, was arrested for committing vandalism. The alleged damage was over $400, a violation of Penal Code 594 (a) (Felony Vandalism). The petition fi...
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Involuntary Manslaughter Conviction Upheld For Injury From Eight Years Earlier
Nov 26, 2012
Involuntary Manslaughter Conviction Upheld For Injury From Eight Years Earlier
In 2000, Jose Moncada was caring for his then three month old son, Joseph. Joseph was fussy and Jose became frustrated f...
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When Must a Juvenile Be Sentenced to a Juvenile Facility?
Nov 21, 2012
In our experience, juveniles often commit multiple offenses in a short time. Sometimes the offenses are all minor; sometimes they are quite serious. When there is such an apparent crimes spree, a co...
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Can An Out of State Conviction Count As A Strike Under California’s Three Strike Law?
Nov 21, 2012
Can An Out of State Conviction Count As A Strike Under California's Three Strike Law?
Cortez Washington was convicted in Illinois in 1998 of aggravated battery with a firearm, a felony, and in the sa...
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Confession Is Inadmissible When Probation Officer Promised Shorter Sentence If Suspect Waived Right
Nov 14, 2012
While on parole, Christopher Gonzalez used a hammer to hit Daniel Castillo in the face, fracturing his jaw, skull, cheekbone and nose. Police arrested Gonzalez and as they began questioning him, he ...
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Operator Of Medical Marijuana Collective Is Entitled To Assert Defense Under Prop 215 And The MMPA.
Nov 14, 2012
In 1996, voters passed Proposition 215, the Compassionate Use Act of 1996 (CUA) and it was put into legislation as Health and Safety Code 11362.5. There were two main purposes of the CUA. First, it ...
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Police Detention Is Illegal When Based On Only One’s Resemblance To A Suspect
Nov 08, 2012
It is well-established law that in order to justify an investigative stop or detention, police must have a reasonable and articulable suspicion that some activity relating to a crime has taken place ...
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A Juvenile Court May Not Automatically Transfer Case to Adult Criminal Court Without A Hearing
Nov 07, 2012
Juan G. was sixteen years old in early 2012 when he allegedly committed attempted murder and violated the terms of a criminal gang injunction. The People filed separate Penal Code 602 petitions in ...
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Sixth Amendment Not Violated in DUI Case When Someone Testifies About Lab Report By Some Else.
Nov 07, 2012
On the night of August 17, 2007, Virginia Lopez was working at a restaurant in Julian, California, near San Diego. While working, she had three shots of tequila between 8:45 p.m. and 10:15 p.m. At a...
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Shooting Someone with ABB Gun Can Be Assault With A Deadly Weapon (Penal Code § 245(a)(1)).
Nov 05, 2012
Shooting Someone with ABB Gun Can Be Assault With A Deadly Weapon (Penal Code ? 245(a)(1)).
Quamie Brown allegedly drove his white Cadillac up to Gerardo Calderon and Jesus Castro, who were standing ...
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