Conviction Reversed for Mailing Criminal Threats
Feb 27, 2013
Kurt William Havelock was convicted in an Arizona federal court of violating 18 U.S.C. 876 (a). This section prohibits the mailing of communications, addressed to any other person and containing any ...
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Why Is a “Wet Reckless” Better Than a DUI?
Feb 26, 2013
Anyone who has personally experienced being charged with DUI or has a friend or family member who has faced such charges in California may have heard about a wet reckless. The advantages and disadvant...
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Restitution Order Can Apply To One Who Receives Stolen Property, But Does Not Participate in Burglary
Feb 22, 2013
It is a common misperception that if one receives stolen property, such as a credit card, one can use it without incurring criminal liability if he or she has a good faith belief that the credit c...
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Judge Makes Mistake In Allowing Letting Jury Hear Drug Cartel Evidence
Feb 21, 2013
Feliciano Covarrubias was arrested at about 3:00 a.m. on May 6, 2010 at the San Ysidro Port of Entry coming from Mexico to California with 193 pounds of marijuana hidden in his Ford F250. A dog sp...
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An Admission Is Inadmissible If After An Illegal Search As The Fruit of a Poisonous Tree
Feb 20, 2013
At about 7:40 p.m. on September 22, 2009, a tipster called the Pomona Police Department to report that Scott Shetler was manufacturing and using methamphetamine in his home in Pomona, California.
Ab...
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Court Makes Mistake in Sentencing Mentally Disordered Offender to Treatment
Feb 19, 2013
Kelvin Harrison was convicted in San Bernardino County of battery with serious bodily injury. He was sentenced to prison for two years.
When the crime occurred in 2008, both he and the victim were h...
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If You Receive Miranda Warnings, Your Talking and Subsequent Silence to Certain Questions Can Be Use
Feb 18, 2013
Anyone who has watched much television is familiar with Miranda warnings, which remind a suspect of his Fifth Amendment right to remain silent: You have the right to remain silent. Anything you say c...
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Insufficient Affidavit for Warrant Does Not Mean Search Is Always Invalid
Feb 15, 2013
The search of a home is always a hot issue, especially when the search uncovers items that could lead to years in prison. The Fourth Amendment, made applicable to each state, provides that no warr...
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Consenting To One Vehicle Search Can Mean Consenting To Multiple Searches
Feb 14, 2013
The general rule concerning any search without a warrant is that the search is presumed illegal. It is a liberty invasion. Once a defendant shows that the search was conducted without a warrant, t...
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Defendant’s 6th Amendment Right to Cross-Examination Not Violated When Confidential Informant Testif
Feb 13, 2013
The Sixth Amendment of the U.S. Constitution grants a criminal defendant the right to be confronted with the witnesses against him. This right includes the right to physically face those who testify ag...
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