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Archive for December, 2010

Another Loss Under Crawford

28 Dec

In his appeal and habeas petition, (Defendant) John Paul Nelson challenges his conviction of premeditated attempted murder with a finding that he personally discharged a firearm. Continue reading “Another Loss Under Crawford” »

Tags: firearm, Your Rights, opinion, defense attorney, Criminal Cases
 

What Does “10 Years Of Age Or Younger” Mean In Cpc 288.7?

19 Dec

The phrase “10 years of age or younger” in Penal Code Sec. 288.7, which prescribes a sentence of 15 years to life in prison when a person 18 years of age or older commits the crime of oral copulation or sexual penetration against a person 10 years of age or younger, excludes any person who has passed his or her 10th birthday. Continue reading “What Does “10 Years Of Age Or Younger” Mean In Cpc 288.7?” »

Tags: Criminal Cases, Sex Crimes, penal code, children, molesting, molestation, Child Abuse
 

Can The Court Declare Your Bond Forfeited?

16 Dec

Defendant was arrested and bonded out at the jail for felony 422 charges and given an appearance date.  Defendant appeared in court but the DA had failed to file charges.  At this point the court decided not to exonerate the bond because requiring the Defendant to post a new bond upon later filing of charges would be burdensome.  Continue reading “Can The Court Declare Your Bond Forfeited?” »

Tags: Your Rights, Bond Forfeited, Jail Sentencing, non-appearance, felony, felony charges, prelim
 

Is Battery A Lesser Included Offense Of 288?

10 Dec

Battery is not a lesser included offense to a charge of committing lewd and lascivious acts on a child. Continue reading “Is Battery A Lesser Included Offense Of 288?” »

Tags: charge, Battery, criminal defense lawyer, free consultation, Child Abuse, sex offenders, Criminal Cases