 Category: Other Legal
Category: Legal >> Other Legal<< previous page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 next page >> by Darren Kavinoky 
[ 2006-06-21 ]
Instead of sitting in the county jail as the result of a DUI conviction, DUI offenders can be sentenced to work on a Caltrans Freeway Cleanup crew as a term of their probation. The number of hours required to work with Caltrans is equal to the number of hours that would have otherwise been spent being incarcerated. This is known as good time/work time custody credits. Every hour spent working for Caltrans counts against the hours that would have otherwise been spent in jail. There is usually a certain length of time that the person is allowed to complete the hours. But if the required hours are not completed in the allotted time, then the court will likely issue a probation violation. It is always in the best interests of the DUI offender to fulfill all terms of probation. by Darren Kavinoky
[ 2006-06-21 ]
Where the court has the ability to sentence the DUI offender to a term of incarceration in the county jail, the court may choose to allow the defendant to serve the hours that would have been spent in county jail instead on community service. Community service is a special condition the court imposes that requires an individual to work–without pay–for a civic or nonprofit organization. Performing community service has many benefits. by Darren Kavinoky
[ 2006-06-21 ]
Electronic monitoring, also known as “house arrest” allows the convicted DUI offender to stay at home instead of being incarcerated in the county jail. There are many types of electronic monitoring devices. Some attach to the wrist, others to the ankle. Either the device will send a signal to a computer at the probation office or the manufacturer’s business. Another type of monitoring device involves equipment which is strapped to the DUI offender. Some programs require the DUI offender to respond to random phone calls to insure compliance with house arrest. by Darren Kavinoky
[ 2006-06-21 ]
When someone is convicted of a DUI, the court may require that a person convicted of a first offense violation of Section 23152 or 23153 to install a certified ignition interlock device on any vehicle that the person owns or operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device. by Darren Kavinoky
[ 2006-06-21 ]
SCRAM is an alcohol monitoring program that is intended for the multiple DUI offender who would otherwise be facing mandatory incarceration. Instead of incarceration, some courts will allow the DUI offender to participate in an alternative sentencing program utilizing a monitoring device called SCRAM. SCRAM (Secure Continuous Remote Alcohol Monitor) is a device which is attached to the ankle and monitors blood alcohol levels by measuring ethanol vapor as it migrates through the surface of the skin. by Darren Kavinoky
[ 2006-06-21 ]
The penalties for conviction of a DUI are harsh and include large fines, jail time, and mandatory alcohol education classes. Conviction for multiple DUIs only increases the amount of punishment. Because of the harsh nature of DUI sentencing laws, courts have developed alternative sentencing options. Sentencing alternatives increase the options available for punishment, allowing for greater plea bargaining choices between the prosecutor and the defense. by Darren Kavinoky
[ 2006-06-21 ]
Sober living environments are a way for the DUI offender to avoid being incarcerated. Where a person has had multiple DUIs, or has a drug or alcohol problem that has not responded to past attempts at treatment, then sober living may be the best rehabilitative means of any of the other alternative sentencing options. The basic structure of a sober living environment involves the housing of only sober people, for both men and women. All residents are required to participate in planned daily activities, such as group meetings and 12-step programs. Each resident is required to contribute to the running and functioning of the household by performing a household chore. by Darren Kavinoky
[ 2006-06-21 ]
“Every person who willfully and lewdly, either: 1. Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or, 2. Procures, counsels, or assists any person so to expose himself or take part in any model artist exhibition, or to make any other exhibition of himself to public view, or the view of any number of persons, such as is offensive to decency, or is adapted to excite to vicious or lewd thoughts or acts, is guilty of a misdemeanor.” by Darren Kavinoky
[ 2006-06-21 ]
Sex crimes are punished harshly in California. The resulting convictions may result in having misdemeanors and felonies on a person’s criminal record. Punishments range from incarceration in county jail up to one year to imprisonment in the state prison. In addition, monetary fines may end up being as much as $10,000. by Darren Kavinoky
[ 2006-06-21 ]
A lewd or lascivious act is defines as any touching of the body of a child under the age of 14 years with the specific intent to arouse, appeal to, or gratify the sexual desires of either party. The touching can be against bare skin, or on top of clothing. California Penal Code Section 288 defines what a lewd act with a child under 14 comprises, reading in part: by Darren Kavinoky
[ 2006-06-21 ]
Oral copulation refers to the act of touching the mouth of one person with another person’s sexual organ or anus. The definitions of oral and copulation are: “oral" meaning of, relating to, or belonging to the mouth, and " copulation " meaning the act of coupling or joining sexual union. by Darren Kavinoky
[ 2006-06-21 ]
Prostitution is related to “pandering,” which means to procure another person for the purpose of prostitution. The following activities constitute pandering: by Darren Kavinoky
[ 2006-06-21 ]
Prostitution is illegal in California. Prostitution means to engage in sexual conduct for money or other consideration. A conviction for prostitution is a misdemeanor, resulting in a conviction for disorderly conduct. California Penal Code Section 647 (b) states in part: by Darren Kavinoky
[ 2006-06-21 ]
Rape is defined in California Penal Code Section 261 as an act of sexual intercourse (actual penetration of a woman’s vagina with the man’s penis) with someone other than a spouse, carried out without consent and accomplished through force, threat of violence or intimidation. Consent is a key factor in a rape case and is a defense to a charge of forcible rape because if the accused could reasonably have believed the victim was consenting, there is no forcible rape. by Darren Kavinoky
[ 2006-06-21 ]
“Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery.” by Darren Kavinoky
[ 2006-06-21 ]
Sodomy refers to anal copulation by a man inserting his penis into the anus of another man or a woman. If accomplished by force, without consent or with someone incapable of consent, sodomy is a felony in the same way that rape is. California defines consent as "positive cooperation in act or attitude pursuant to an exercise of free will." Therefore, an defendant's reasonable belief that the victim was consenting to an act of sodomy is a defense to a charge of forcible sodomy. by Darren Kavinoky
[ 2006-06-21 ]
Solicitation of prostitution refers to a person trying to obtain lewd conduct from another person. Solicitation to engage in lewd conduct requires specific intent to engage in that conduct. Specific intent is that intent where the person specifically seeks the end result. In a prostitution case, the end result is engaging in lewd conduct. Lewd conduct refers to the specific intent to sexually arouse, gratify, annoy or offend by soliciting someone to engage in conduct which involves the touching of genitals, buttocks, or the female breast. by Darren Kavinoky
[ 2006-06-21 ]
It is a crime in all 50 states, and federal lands, for a husband to rape his wife. Spousal rape refers to sexual acts committed without a person's consent and/or against a person's will, when the perpetrator is the woman's husband or ex-husband. by Darren Kavinoky
[ 2006-06-21 ]
Statutory Rape laws are based on the premise that until a person reaches a certain age, that individual is legally incapable of consenting to sexual intercourse. Thus, it is a crime for an adult to have sexual intercourse with a person under the legal age of consent, which is 18 years of age. California’s statutory rape law is found in Penal Code Section 261.5. by Darren Kavinoky
[ 2006-06-21 ]
Megan’s Law allows law enforcement agencies to collect information about sex offenders, notifying the public about sex offender’s who pose a risk to the public. The California Department of Justice (DOJ) maintains the registered sex offender database. by Darren Kavinoky
[ 2006-06-21 ]
The following persons are required to register, according to California Penal Code Section 290:
by Darren Kavinoky
[ 2006-06-21 ]
Suppression motions are a valuable tool in a DUI case because when evidence can be excluded, the prosecutor’s case is weakened. Suppression follows the rule of law that evidence secured by illegal means and in bad faith cannot be introduced in a criminal trial. The technical term is that it is "excluded" upon a motion to suppress made by the lawyer for the accused. by Darren Kavinoky
[ 2006-06-21 ]
Burglary is the crime of breaking and entering into a structure for the purpose of committing a crime. Contrary to what most people believe, a burglary need not necessarily involve theft. Burglary applies to any crime, such as assault or sexual harassment, whether the intended criminal act is committed or not. No great force is needed (pushing open a door or slipping through an open window is sufficient) if the entry is unauthorized. by Darren Kavinoky
[ 2006-06-21 ]
Embezzlement is the crime of stealing funds of property of an employer, company, or government. It may also mean money or assets held in a trust account. It is the illegal transfer or money, or property, which is diverted from the employer to the embezzler. The fraudulent intent required for embezzlement is the intent to deprive the owner of the property or where the property is diverted to the embezzler’s own use. Even where a person intended to eventually return the property, it is still embezzlement. by Darren Kavinoky
[ 2006-06-21 ]
Extortion is the act of obtaining money or property from a victim by threatening, intimidating, or by false claim of right. An example of false claim of right may be where a person impersonates an official government official, like an IRS agent. Extortion takes several different forms, such as that of blackmail, where a victim is threatened with the exposure of embarrassing information to family, friend, and their community. by Darren Kavinoky
[ 2006-06-21 ]
Forgery is the crime of creating a false document, altering a document, or writing a false signature for the illegal benefit of the person making the forgery. This includes improperly filling in a blank document, like an automobile purchase contract, over a buyer's signature, with the terms different from those agreed. by Darren Kavinoky
[ 2006-06-21 ]
Fraud is generally defined as the intentional use of deceit, a trick or some dishonest means to deprive another of his/her/its money, property or a legal right. Quite often there are several persons involved in a scheme to commit fraud and each and all may be punished criminally. by Darren Kavinoky
[ 2006-06-21 ]
Grand theft involves the theft of goods or services valued above $400 and may be charged as either a felony or a misdemeanor. A misdemeanor is punishable by imprisonment in the county jail for up to one year. A felony is punishable by imprisonment in the state prison. Generally, grand theft is usually punishable up to one year in the county jail or a maximum sentence of 16 months, 2, or 3 years in state prison. by Darren Kavinoky
[ 2006-06-21 ]
Grand theft of an automobile occurs when someone takes another person’s car without permission, with the intent to permanently deprive them of it. Grand theft requires that the property stolen have a value over $400. Grand theft auto is a felony, punishable with imprisonment in the state prison for 16 months, 2, or 3 years. by Darren Kavinoky
[ 2006-06-21 ]
Identity theft is one of the fastest growing crimes in America. Victims come from all walks of life - from everyday people to celebrities. Identity theft involves acquiring key pieces of someone's identifying information, such as name, address, and date of birth, bank account numbers, health insurance identification number, social security number and mother's maiden name, in order to impersonate them. by Darren Kavinoky
[ 2006-06-21 ]
Theft crimes encompass a number of different crimes. Essentially, theft is the taking of another’s property without their consent, with the intention to permanently deprive them of it. Theft crimes generally require specific intent. Specific intent means that the person accused of theft specifically intended the result of the crime—namely taking property with the intent to permanently deprive. by Darren Kavinoky
[ 2006-06-21 ]
Theft is the act of stealing goods. Petty theft involves stealing goods or services worth $400 or less and is charged as a misdemeanor for first time offenses. Where the value of goods stolen is less than $50, the misdemeanor may be reduced to an infraction. Where there is a conviction for a subsequent petty theft, that offense is a felony petty theft. by Darren Kavinoky
[ 2006-06-21 ]
Receiving stolen goods is generally buying or acquiring the possession of property knowing that it had been obtained through theft, embezzlement, larceny, or extortion by someone else. The crime is separate from the crime of stealing the property. To be convicted, the receiver must know the goods were stolen at the time he receives them and had the intent to aid the thief. Paying for the goods or intending to collect the reward for returning them are not defenses. by Darren Kavinoky
[ 2006-06-21 ]
The Three Strikes law significantly increases the prison sentences of persons convicted of felonies who have been previously convicted of a violent or serious felony, and limits the ability of these offenders to receive a punishment other than a prison sentence. Violent and serious felonies are specifically listed in state law. by Darren Kavinoky
[ 2006-06-21 ]
Domestic violence is generally defined as physical abuse against someone who lives in the home, or someone the person is married to (or dating) or used to be married to (or used to date), or someone they have had a child with. A “dating relationship” is defined by CALJIC as “frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement independent of financial considerations.” by Darren Kavinoky
[ 2006-06-21 ]
The California Penal Code, Section 240, defines assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” Assault is either the threat or attempt to strike another, whether successful or not, where the target is aware of the danger. by Darren Kavinoky
[ 2006-06-21 ]
Where a crime is committed against a police officer or firefighter, the punishments are usually increased. The requirement is that the assault on the police officer, otherwise known as peace officers, or firefighter must be performed while someone in that category is performing in the scope of their duties, and the person committing the assault must know that the person is in these categories and are performing their duties. by Darren Kavinoky
[ 2006-06-21 ]
Assault with a firearm is governed by California Penal Code Section 245. Assault with a firearm is an aggravated assault in which the defendant, with a firearm, threatens a person with death or serious bodily injury. An aggravated assault is an assault accompanied by circumstances that make it more severe, namely the use of a firearm, or the intent to commit another crime, or the intent to cause serious bodily harm. by Darren Kavinoky
[ 2006-06-21 ]
There are many means of assault with a deadly weapon other than firearms, which are generally defined as those weapons capable of producing great bodily injury. For example, stun guns, knives, bat, hammer, machetes, cars, motorcycles, and any other weapon capable of producing great bodily injury. Where someone has been charged with assault with a deadly weapon, the weapon will be confiscated and destroyed, pursuant to California Penal Code Section 245 (e). by Darren Kavinoky
[ 2006-06-21 ]
The crime of battery is governed by California Penal Code Sections 242 and 243. Battery is defined as “any willful and unlawful use of force or violence upon the person of another.” (PC 242) Battery is defined as “simple” battery and battery with serious injury. The punishments by Darren Kavinoky
[ 2006-06-21 ]
Hit and run is generally defined as a criminal act. It is the failure of a driver of a vehicle, involved in a collision, to stop and give their name, license number, and other information to the injured party, a witness, or law enforcement officer. by Darren Kavinoky
[ 2006-06-21 ]
Crimes of violence vary in terms of their classification and their punishment. They may be misdemeanors, felonies, or wobblers. Misdemeanors are those crimes which are only punishable by a fine and/or imprisonment in the county jail up to one year. Felonies are those crimes which are punishable by fines and/or imprisonment in the state prison. by Darren Kavinoky
[ 2006-06-21 ]
The felony crime of kidnapping is generally defined as the taking of a person against their will, or from the control of a parent or guardian through violence, force, threat, or intimidation. The act of kidnapping often involves other criminal offenses, such a ransom, carjacking, or robbery. It may also include a parent taking and hiding a child in violation of a court order. If the victim is injured, the punishment for the kidnapping increases. by Darren Kavinoky
[ 2006-06-21 ]
A person can be convicted of mayhem, assault with intent to commit mayhem, or aggravated mayhem. by Darren Kavinoky
[ 2006-06-21 ]
The term "white collar crime" is generally used to describe crimes involving cheating or dishonesty. Although there is no fixed definition of white collar crime, there are a number of nonviolent crimes typically grouped together as white collar crimes. These crimes typically are committed by professionals or entrepreneurs under the guise of legitimate business activity. by John Gibb
[ 2006-06-20 ]
Deep fat fryers do exactly what their name suggests by John Gibb
[ 2006-06-19 ]
Breadmakers are rather strange things by John Gibb
[ 2006-06-19 ]
Making coffee is one of the easiest things in the world by John Gibb
[ 2006-06-19 ]
Doll guides are large books for doll collectors by John Gibb
[ 2006-06-18 ]
When you need to keep warm in the winter, the chances are that you snuggle yourself under a duvet |
מאמרים 
Free Articles