What is the Statute of Limitations on My Crime?
What is the Statute of Limitations on My Crime? In the legal world, the statute of limitations is a period of time after an alleged crime or incident in which prosecution or a legal suit may be initiated against you. This can be thought of as a deadline or cut-off date for someone to sue or prosecute you after an incident. Without a statute of limitations, you could be blind-sided…
Read MoreIf You Are A Guy And You Wear A Dress On A Plane The Airlines Can Kick You Off The Flight
If You Are A Guy And You Wear A Dress On A Plane The Airlines Can Kick You Off The Flight Recently airlines have refused to let passengers board or remain on a plane because of what they were wearing. A woman was kicked off of an American Airlines flight because she wore a T-Shirt that included the “F” Word. Another man wore a T-Shirt that said “Terrists gonna kill…
Read MoreWhen Am I Free To Leave A Police Encounter?
When Am I Free To Leave A Police Encounter? When determining whether a particular police encounter with a suspect amounted to a detention, an objective standard is used by the Courts. The question is, in view of all surrounding circumstances, would a reasonable person in the suspect’s position have believed he or she was not free to leave? If a reasonable person would have believed that he or she was…
Read MoreBeing Declared an “Idiot” is a Legal Defense
Being Declared an "Idiot" is a Legal Defense “My son is an idiot, thus he shouldn't be held criminally liable for that offense.” This statement was recently overheard by the mother of a defendant outside of a court room. While it is not certain if this woman’s son was literally an idiot or not, “idiocy” can be a legal defense. Believe it or not, if one is found legally to…
Read MoreI am Charged with Attempt to Commit a Crime. What Does That Mean?
I am Charged with Attempt to Commit a Crime. What Does That Mean? “I didn’t actually complete a crime. I simply started to commit a crime, but didn’t follow through with it. Is this still a crime?” From time to time, we get calls from callers wanting to know if such an occurrence still qualifies as a crime. They want to know if they can still be prosecuted even if…
Read MoreI’ve been charged with destroying evidence – Do I need an attorney? (Penal Code section 135)
I’ve been charged with destroying evidence – Do I need an attorney? (Penal Code section 135) Under California Penal Code section 135 destruction of evidence is defined as any person knowing that any book, paper, record, instrument in writing, or other matter or thing, is about to be produced in evidence upon any trial, inquiry, or investigation whatever, authorized by law, willfully destroys or conceals the same, with intent thereby…
Read MoreCourt Must Hold Evidentiary Hearing For Potential Brady Violation If Witheld Evidence Conflicts With Prosecution’s Theory At Trial
Court Must Hold Evidentiary Hearing For Potential Brady Violation If Witheld Evidence Conflicts With Prosecution’s Theory At Trial On November 5, 2009, in Williams v. Ryan, the Ninth Circuit Court of Appeals held that a defendant who is convicted after the prosecution’s suppression of material exculpatory evidence must have an in-court evidentiary hearing to determine whether the defendant requires a new trial. In 1992, appellant Aryon Williams was charged with…
Read MoreMentally Ill Defendants Face Long Waiting Times For Treatment – California Penal Code 1370(A)
Mentally Ill Defendants Face Long Waiting Times For Treatment – California Penal Code 1370(A) An accused robber and schizophrenic, Van McDuffie, was found incompetent to stand trial and was ordered released from jail so he could check into a mental hospital. Six months later, McDuffie remained in solitary confinement, waiting for a space to open up at a mental hospital. He was not being medicated. In June 2010, over 200…
Read MoreOrange County Agrees To House Immigration Detainees At Two County Jails
Orange County Agrees To House Immigration Detainees At Two County Jails On July 20, 2010, the Orange County Board of Supervisors approved a “Beds for Feds” deal with the federal government to allow Immigration and Customs Enforcement (ICE) detainees to be held in two county jails. Orange County agreed to rent a total of 838 beds at Theo Lacy Jail in Orange and James A. Musick detention facility in Irvine.…
Read MoreMiranda Warnings: What Is It And When Should Police Give Them?
Miranda Warnings: What Is It And When Should Police Give Them? Miranda Warnings are given by law enforcement to a criminal suspect in police custody, or custodial situation, prior to being questioned by the officers. A custodial situation is one where a person’s freedom of movement is restrained and a reasonable person would not feel free to leave the situation. Some times officers will indicate to the suspect that he is…
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