Realignment 101, Part 6: Standard conditions of probation
Aug 29, 2011
Under the new regime standardconditions of probation are written into the statute. Many are unsurprising but some impose conditions that the defnse bar would usually oppose.
Among the conditions is an...
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Co-Defendant Problems
Aug 29, 2011
A question I see often on Avvo runs like this. "We were out shopping and my friend shoplifted some items. I did not know she had done this but we were both charged. She will admit that she was acting a...
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Realignment 101, Part 5: Parolees in Custody as of October 1
Aug 28, 2011
The new law creates some equal protection issues with regard to those already sentenced and those sentenced after October 1, 2011. Existing parolees may find themselves in such a situation.
Let's supp...
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Realignment 101, Part 4: Non-Custodial Alternatives
Aug 28, 2011
Under the new laws counties can expand their non-detentional custody programs. This means that home detention may be expanded, among other things. Morover counties can authorizing a program of electron...
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Realignment 101, Part 3: No More Parole
Aug 28, 2011
Under the new law, persons who serve all their time on a county jail felony will not undergo either a period of parole or probation following release. For those who are sentenced to less than the maxim...
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Realignment 101, Part 2
Aug 28, 2011
The change that will affect the most people under realignment is the creation of a new felony, which will probably be referred to by most people as a county jail felony. Traditionally in California mis...
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Realignment 101
Aug 28, 2011
One of the most common concerns I hear on Avvo is whether the law is changing to give prisoners more credits than they now get. In general I've had to tell people these were prison rumors. Now the news...
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DUI Mistake
Aug 02, 2011
The most commonly heard mistake I have heard people make when stopped for a possible DUI is the answer to the intitial question "How much have you had to drink tonight?" Invariably the bigggest drunks ...
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Elder Abuse, Pt 3
Jul 16, 2011
Elder abuse is not limited topgysical abuse and neglect. It also includes the financial exploitation of the elder or dependent person. Thus 368(d) provides that if a person is not a caretaker but viola...
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Elder Abuse, Pt 2
Jul 16, 2011
What are the important elements of 368(b)? First of all you have to act willfully in causing the injuries that you caused. Willfully is a slippery concept. It does not require that you intended to brea...
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