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Archive for the ‘Your Rights’ 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: request, Criminal Cases, DAR, Div, Criminal Defense Articles, Your Rights, nerve, Rehabilitation
 

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: Criminal Defense Articles, cross, Your Rights, rape case, something, argument, 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: Charged With Burglary, Criminal Cases, apartment, Burglary / Theft, balcony, burglary
 

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

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

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

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

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, molestation, molesting, California, children, Child Abuse, Sex Crimes, Your Rights
 

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

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