What does the prosecution need to prove in order to sustain a conviction for Criminal Threats in CA?
Dec 17, 2009
[1] The defendant willfully threatened to unlawfully kill or unlawfully cause great bodily injury to the victim or the victim’s immediate family; and [2] The defendant made the threat (orally/in writ...
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Defenses Used to Fight Drunk in Public Allegations
Nov 04, 2009
Potential Defense #1 The location was not public. If the police arrested the suspect in a home, hotel room or other private place, there was no "public intoxication"...regardless of how drunk the sus...
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Two Types of Driver License Suspensions for DUI
Oct 19, 2009
#1) THE COURT SUSPENSION IF CONVICTED OF A DUI IN CRIMINAL COURT, THE CRIMINAL COURT WILL NOT NECESSARILY TELL YOU AT THE TIME OF CONVICTION/SENTENCING THAT A DUI CONVICTION RESULTS IN A MANDATORY S...
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The DUI Suspension from the DMV
Oct 19, 2009
(1) DIFFERING OUTCOMES IN THE SAME CURRENT MATTER: EVEN IF YOU WIN IN COURT, OR CHARGES ARE REDUCED OR NEVER FILED, THIS SEPARATE DMV SUSPENSION IS USUALLY STILL IMPOSED IF YOU FAIL TO WIN SEPARATELY...
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Encounters With Police - Know Your Rights to Avoid Arrest & Conviction
Sep 14, 2009
[1] Where a citizen feels "free to leave" and terminate the encounter at will. Here, there has been no "detention" under the law. This falls outside the scope of Fourth Amendment protections prohibit...
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What is an expungement?
Aug 22, 2009
If the court grants the expungement... If the court grants the expungement, the person’s criminal record is updated to reflect that the conviction has been expunged.
California Penal Code §1203.4 ...
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Do I qualify to have my record expunged?
Aug 22, 2009
Probation? If the court granted you probation, and you successfully completed that probation, then you will qualify to expunge the criminal case at the end of the period of probation. Successful Comp...
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What makes a felony conviction eligible for reduction to a misdemeanor?
Aug 22, 2009
Must Be An Offense Chargeable As A Felony Or Misdemeanor First, the l a “wobbler.” Under California law, a wobbler is an offense that can be charged and punished as either a felony or a misdemeanor....
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3 Ways to Attack at DMV Hearing and Save Driving Privileges in California
Jul 10, 2009
ADMISSIBILITY OF THE DOCUMENTS Object:
a. foundation;
b. authentication;
c. hearsay;
d. Vehicle Code 13380 - McDonald v. Gutierrez issues
NOTE: Attack the arrest
• Attacking a w...
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California Drug Crimes -- 4 Types
Jul 02, 2009
DRUG POSSESSION For most controlled substances, possession for personal use is a felony. Misdemeanor charges include marijuana (cannabis) possession, being under the influence of a drug, and possessi...
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