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: Rehabilitation, Your Rights, DAR, Criminal Defense Articles, nerve, Div, Criminal Cases, request, DrugsAuthor Archive
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: Jail Sentencing, cross, argument, Your Rights, misconductCould 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: Criminal Cases, burglary, Charged With Burglary, Burglary / Theft, apartment, building, Criminal Defense ArticlesBrown 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: Jail Sentencing, California, county jail, Criminal Cases, juvenile prison, Criminal Defense Articles, Los Angeles, Jerry Brown, Your RightsGang 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: Criminal Cases, gang, Jail Sentencing, felonious criminal conduct, street, sex offenses, victim, Your RightsDoes 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: jury, defense attorney, civil commitment proceedings, Child Abuse, registration, Jessica's Law, Sex Crimes, sex crime, sex offendersMultiple Sentences For A Single Act?
05
Jan
The defendant was convicted of discharging a firearm with gross negligence to benefit a street gang and a substantive count of street terrorism for that same act. Continue reading “Multiple Sentences For A Single Act?” »
Tags: Your Rights, negligence, Multiple Sentences, gross negligence, street terrorism, Criminal Defense Articles, discharging a firearmAnother 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: Crawford, premeditated attempted murder, firearm, defense attorney, opinionWhat 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: Child Abuse, Your Rights, Sex Crimes, penal code, California, children, molestation, molesting, Criminal Cases