Wiretap Information Leading to Seizure of 353 Kilograms of Cocaine Properly Denied to Defendant
Nov 02, 2012
In 2005 and 2006, law enforcement obtained orders authorizing seven wiretaps involving fourteen cell phones used by defendant Steven Montes. The orders involved the magistrates finding of probable c...
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California Supreme Court Rules Multiple Punishments for Single, Gang-Related Act Violates Penal Code § 654.
Nov 01, 2012
In 2007 in Riverside County, Tommy Mesa allegedly shot Alvin Pierre in the groin and Ghalen White in the side, in two incidents two days apart. Mesa admitted he was a Corona Varios Locos (CVL) gang ...
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One Count of Indecent Exposure (Penal Code § 314) Proper Even if Multiple People Witness Conduct.
Oct 29, 2012
Troy Smith allegedly masturbated in public view of others on three separate occasions. Two separate groups of people claim they saw this.
In the third incident, Mary Hernandez allegedly was standin...
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What is Arson (Penal Code § 451 and § 452) and Its Defenses?
Oct 24, 2012
Penal Code 451 states that a person is guilty of arson when he or she willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsel or procures the burning of any stru...
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What is “Resisting Arrest” Under Penal Code § 69?
Oct 23, 2012
We often Resisting an Executive Officer (Penal Code 69), also known as Resisting Arrest, as a trumped-up charge, meant to spite a defendant who was so audacious as to question the perhaps unclear a...
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Felony Vandalism Charges Proper When Prosecutor Adds Damages Up From Multiple Victims
Oct 22, 2012
The Second Appellate District recently made new law by affirming a Pomona judges decision that felony, rather than misdemeanor, vandalism charges were proper when the total damages are considered. In...
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What Is Resisting Arrest Under Penal Code § 148(a)(1)?
Oct 17, 2012
Resisting arrest under Penal Code 148(a)(1) is the misdemeanor version of Penal Code 69, which is usually a felony. Section 148(a)(1) is violated when one obstructs an officer or EMT when the offic...
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What Are Criminal Threats and the Defenses to this Charge?
Oct 16, 2012
Penal Code section 422 defines criminal threats as willfully threatening to kill or injure someone, unequivocally and with sufficient specificity that the recipient of the threat is placed in a state...
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Second–Time DUI Offender Must Be Granted Restricted License After 90 Days of Actual Suspension.
Oct 15, 2012
On July 1, 2010, Vehicle Code 13352(a)(3) was amended to allow second time DUI offenders to apply for a restricted license with installation of an IID after ninety days of actual suspension. Previo...
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How Much Custody Credit Do I Get?
Oct 10, 2012
Since 2009, there have been no less than five legislative changes to the way presentence conduct credits are calculated, leaving even the most informed judges, district attorney and defense attorney...
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