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robes de mariée courte

23 Sep

les robes de mariée courte ont gagné de plus en plus de popularité parmi les jeunes, car elles vont vous rendre plus brillante et animée en donnant au monde votre ligne de jambes. Bon choix pour une cérémonie de mariage à la plage!

 

Tags: Criminal Defense Articles
 

Exklusiva bröllops

23 Sep

Med den senaste tidens populära bröllopet färg är vit klänning inte längre den exklusiva bröllops show, en mängd unika färger i brudklänning började stora blommor ljus. Om u vill prova en traditionell stil vit gasbinda utanför,

 

Tags: Criminal Defense Articles
 

Proposition 47 and Its Effects

21 Nov

The passage of Prop. 47 will bring thousands of petitions to the court for modification of sentencing, or resentencing.  Pursuant to Penal Code Section 1170.18 anyone currently serving a sentence in jail for a conviction of a felony or felonies under Sections 11350, 11357, or 11377 of the Health & Safety Code, or Section 459.5, 473, 476a, 490.2, 496, or 666 of the Penal Code is eligible to reduce the charge to a misdemeanor (with a maximum exposure or jail time of one year), thereby possibly reducing his/her jail sentence.

The crimes covered by Proposition 47 include drug possession, and the following offenses where the amount of loss was less than $950: shoplifting, check and credit card fraud, forgery, theft and possession of stolen property.  However those with violent, and/or sexually violent offense convictions listed under Penal Code 667(e)(2)(C)(iv) will be ineligible for relief under Proposition 47.  If one is convicted of the following offenses, he/she is not eligible for resentencing under Proposition 47:

I)     A sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare & Institutions Code;

II)    Oral copulation with a child under 14 years of age, and who is more than 10 years younger than the defendant as defined in Penal Code Section 288a, sodomy with a child under 14 years of age and more than 10 years younger than the defendant as defined by Penal Code Section 286, sexual penetration with a child under 14 years of age and more than 10 years younger than the defendant as defined by Penal Code Section 289.

III)   A lewd or lascivious act involving a child under 14 years of age, in violation of Section 288.

IV)    Any homicide offense, including any attempted homicide offense, defined in Penal Code Section 187-191.5.

V)     Solicitation to commit murder as defined in Penal Code Section 653f.

VI)    Assault with a machine gun on a peace officer or firefighter, as defined paragraph (3) of subdivision (d) of Penal Code Section 245.

Any person who is resentenced and meets the court’s criteria indicated in Penal Code Section 1170.18 (b) involving drug possession, and the following offenses where the amount of loss was less than $950: shoplifting, check and credit card fraud, forgery, theft and possession of stolen property, “SHALL be given credit for time served and shall be subject to parole for one year following completion of his/her sentence, unless the court releases the person from parole.  And “under no circumstance may resentencing result in the imposition of a term longer than the original sentence.”

It is also important to note that Prop. 47 is retroactively applicable to any person who has already completed his/her sentence for a conviction involving the above offenses.  Therefore anyone that ever completed P.C. 1000, or Prop. 36 Programs, or anyone who was convicted of a felony or felonies under Sections 11350, 11357, or 11377 of the Health & Safety Code, or Section 459.5, 473, 476a, 490.2, 496, or 666 of the Penal Code, and has completed his/her sentence, is eligible to reduce the charge to a misdemeanor.

The courts have set out specific procedures in each county.  Should you wish to proceed with your Petition to Designate Felonies to Misdemeanors, please contact Rodney Nosratabadi at (714) 955-8365.

 

 

Tags: Jail Sentencing, proposition 47, Prop 47, resentencing
 

Ok To Deny A Certificate Of Rehabilitation Because The Defendant Denies Guilt?

11 Mar

Some felons can get a Certificate of Rehabilitation.  The trial court here denied this defendant’s request because the defendant had the nerve to deny that he was guilty.  Continue reading “Ok To Deny A Certificate Of Rehabilitation Because The Defendant Denies Guilt?” »

Tags: Div, Criminal Cases, Your Rights, Criminal Defense Articles, request
 

Prosecutorial Misconduct

28 Feb

In final argument, the DA argued that defense counsel and the defense expert in this rape case has “attacked” the victim in a previous, unrelated rape case, suggesting that counsel and the expert were willing to present whatever testimony necessary to avoid a conviction.  Continue reading “Prosecutorial Misconduct” »

Tags: rape case, misconduct, something, Your Rights, Jail Sentencing
 

Could You Be Charged With Burglary If You Enter Someone’s Balcony?

20 Feb

Issue of whether defendant’s presence on a balcony amounted to entry of a building was a question of law and was not for jury to resolve. Trial court did not err by including the term “balcony” in definition of burglary where balcony at issue was immediately adjacent to apartment’s living room, extended the living room space, was accessible only through victim’s apartment, and was intended for the exclusive use of apartment’s inhabitants; any error was harmless where evidence established defendant actually entered victim’s apartment.

Whether a balcony is part of a building for purposes of entry for burglary is going to be a very fact specific inquiry and will not always be the case.  In this specific set of facts, the court held that the balcony was appropriately made part of the definition of burglary.  Cases have held that entry into a carport qualify, as does the area between a window and a window screen.

People v. Jackson – filed December 8, 2010, Second District, Div. Four – Cite as 2010 S.O.S. 6792

Tags: burglary, building, Charged With Burglary, apartment, Your Rights, Burglary / Theft
 

Brown Proposes Shifting Many California Inmates To Counties

15 Feb

California Gov. Jerry Brown called yesterday for a major shift of state prisoners to the county jail system, a plan aimed at saving the state money, reducing overcrowded prisons, and attempting to better handle juveniles and low-level offenders who cycle through the justice system at great cost to the public, reports the San Jose Mercury News. Brown’s plan would eliminate the state’s juvenile prison system, sending offenders to their home counties and reducing costs that have reached more than $200,000 annually per youth inmate. Continue reading “Brown Proposes Shifting Many California Inmates To Counties” »

Tags: Los Angeles, Jerry Brown, Criminal Defense Articles, county jail, Jail Sentencing, Criminal Cases, California, juvenile prison
 

Gang Cases Are More Easily Prosecuted

05 Feb

Penal Code Sec. 186.22(a)–which applies to a member of a criminal street gang who “willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang”–does not require that the conduct promoted, furthered, or assisted be gang-related. Continue reading “Gang Cases Are More Easily Prosecuted” »

Tags: felonious criminal conduct, Criminal Cases, street, sex offenses, Your Rights, Jail Sentencing, victim, gang
 

Lying In Wait And Jury Views

23 Jan

The Cal. Supreme Court here issue another long opinion affirming a death verdict. They begin by rejecting the defense claim of jury instruction error on the issue of lying in wait. The Cal. Supreme Court says that the issue is whether a defendant can murder by lying in wait when there are only a few seconds of waiting, but they never actually expressly address that point. Continue reading “Lying In Wait And Jury Views” »

Tags: lying in wait, Criminal Cases, deliberations, death verdict, consultation, criminal defense lawyer
 

Does A Minor Have To Comply With All Terms Of Cpc 290?

13 Jan

Neither sex offender registration requirements nor Sexually Violent Predator Act civil commitment proceedings constitute punishment in the constitutional sense, so laws subjecting a juvenile offender, unlike an adult, to those consequences without a jury trial do not violate equal protection clauses. Continue reading “Does A Minor Have To Comply With All Terms Of Cpc 290?” »

Tags: Sex Crimes, sex offenders, Criminal Cases, defense attorney, sex crime, juvenile