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Archive for the ‘Criminal Cases’ Category

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, request, DAR, Your Rights, Criminal Defense Articles, nerve, Drugs, Criminal Cases

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: Charged With Burglary, Criminal Defense Articles, Your Rights, Burglary / Theft, balcony, apartment, Criminal Cases, burglary, building

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: juvenile prison, Your Rights, Jail Sentencing, California, Los Angeles, Jerry Brown

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: victim, street, Jail Sentencing, felonious criminal conduct, sex offenses, Your Rights, Criminal Cases, 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: consultation, death verdict, Criminal Cases, criminal defense lawyer, lying in wait, deliberations

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: Criminal Cases, sex offenders, sex crime, Sex Crimes, Child Abuse, jury, civil commitment proceedings

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: defense attorney, Criminal Cases, firearm, Crawford, Your Rights, premeditated attempted murder

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: Sex Crimes, molestation, Your Rights, molesting, California, penal code, children, Criminal Cases, Child Abuse

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

Seizing And Testing Cigarette Butts For DNA

30 Nov

This scenario has inspired, and been inspired by, a million episodes of CSI. The police think the defendant is guilty of the crime, but they need the defendant’s DNA.  So they follow the defendant and grab a cigarette butt he tosses (or a coffee cup, or whatever) and test it. Continue reading “Seizing And Testing Cigarette Butts For DNA” »

Tags: reasonable expectation of privacy, Criminal Cases, evidence, Drugs, Criminal Defense Articles, cigarette, Your Rights, DNA test