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Archive for the ‘Criminal Defense Articles’ Category

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

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: Drugs, Div, Your Rights, Rehabilitation, DAR, nerve, request, Criminal Cases, Criminal Defense Articles

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: something, Criminal Defense Articles, argument, Your Rights, misconduct, Jail Sentencing, rape case, cross

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: building, balcony, Criminal Defense Articles, Charged With Burglary, Your Rights

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

Multiple 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: Multiple Sentences, gross negligence, street terrorism, negligence, discharging a firearm, Your Rights, Criminal Defense Articles, Jail Sentencing

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

Intent Required For A Great Bodily Injury Enhancement

21 Nov

Remember when a great bodily injury (GBI) enhancement required specific intent?  Then the law changed to make it general intent.  Now it’s strict liability.  Isn’t the intent required for the GBI enhancement under PC 12022.7 specific intent to inflict the injury, or at least that the defendant intentionally committed the act that caused the injury?  Continue reading “Intent Required For A Great Bodily Injury Enhancement” »

Tags: liability, GBI, crime, Criminal Cases, intent

Failure To Invoke Miranda

30 Oct

Another terrible death penalty affirmance.  The court holds that, “I think it’d probably be a good idea for me to get an attorney” is not a sufficiently clear invocation of Miranda! Why not? Continue reading “Failure To Invoke Miranda” »

Tags: Criminal Defense Articles, Miranda, defendant, death penalty, ambiguous, penalty