Family member starting trial for pc187. One local news channel wrote and aired false information via: police report. It was my understanding that unless and/or until said person is convicted of actual crime, they must refer to them as "allegedly"
Generally, "allegedly" should be used until there has been a guilty verdict or factual finding. It is basically an issue of liability for the publisher until the facts are proven. Often, media will quote sources, stating "facts" as related by those sources. Stating things as "facts" in the media can have an impact on the defndant's presumnption of innocence and the right to a fair trial and due process of law.See question
Family member on trial pc187.
If a case has garnered enough media attention it is considered a "high profile" case. It has nothing to do with the parties to the case at all. It has to do with whether or not there is a high degree of public interest in the case. This often happens in a murder case or where a celebrity is involved. The parties do not "stipulate " about this, although there may be issues related to publicity in the courtroom or medial access to the proceedings.See question
Juvenile was at wrong place wrong time. Wasn't the shooter but the law has came by the home. Was questioned the same day of the crime. And was released. After giving a statement.
Yes, he should absolutely discuss his situation with an attorney, and probably should have done so before speaking with the police the first time. But what's done is done and he should not speak to any law enforcement agent again - or anyone else for that matter - about the situation without an attorney present. He could be a witness, or he could end up being a defendant in a very serious crime even if he wasn't the shooter. And by the way, I wish I had a nickle for every time I have heard "just in the wrong place at the wrong time." While it may be true, it does not often raise to the level that a DA will not file charges if they believe they can prove involvement in the crime.See question
Went to court two years ago for a third DUI and there was nothing in the system I have done multiple warrant checks and ran my name through the online sites you pay to check. Can they try to file it as a felony with in three years or am I misinter...
There needs to be three priors within 10 years for the fourth to be a felony. Of course, a third can be a felony if, for example, there was an accident where someone was injured or killed. But no, a third DUI within 10 years is not in an of itself a felony.See question
Got arrest for a third DUI 2 years ago. I went to court and they said they couldn't find anything. Iv looked up my name on multiple sites and can't find anything either.
If the case wasn't filed within a year from the date of the incident, it is barred by the Statute of Limitations. You can check with the Sheriff in your county to see if there are any warrants; or you can check with the court where the case would have been filed; or, you can contact the DA's office to see if any case was filed. You could get a copy of your DMV record that might also show if a case was filed.See question
My husband is In CDCR. He is eligible for his 33% time off his sentence, would his Presentence 2-1 time credit spent in a county jail still count towards his sentence as well?
I think you may be confused. He should be eligible for either 50%, 20% or 15% time credit reductions depending on his charges and/or prior convictions for which he was sentenced. So a little more information is needed to answer your question. Of course, his attorney at the time of his sentencing can answer this question with full knowledge of the sentence, so that is where you should start.See question
me and a friend were both charged with the same cases witch are misdemeainers so he is my codefendent
You will not necessarily receive the same sentence, but that is often the case, especially in misdemeanor cases. A sentence depends on several factors, and not every defendant is in the same exact situation. So much of the time co-defendants in a misdemeanor case will receive the same sentence, but not always.See question
What is a jury trial in Riverside court? If found guilty will i go to jail? Can plea deals still be discussed?
A jury trial is when the prosecution presents witnesses and evidence to a panel of 12 randomly selected people from the community, who decide if, based on the evidence, the defendant is guilty of the charged crime(s). Yes, if found guilty, the defendant can be taken into custody, but not always. That depends on several factors including the charges for which the defendant was just convicted. In most jurisdictions, plea discussions can occur up to the selection of the jury, and in some cases, even during the trial until a verdict is reached.See question
My husband was in prison for 16 months and came home on probation ab109 back in October 2015. Last month for the first time he tested positive for meth and now he goes to see his probation officer and he knows hes dirty, will they violate him and ...
Yes, he can go back into custody, with all the consequences that entails. But what will help him is staying clean and sober. He may not be able to do this on his own, for meth is a serious and dangerous foe; recognizing this and getting the help he needs would be the first step in his recovery and be the best assurance that he will not have to go back to jail again.See question