Search:

Type: Posts; User: cdwjava; Keyword(s):

Page 1 of 20 1 2 3 4

Search: Search took 0.08 seconds.

  1. Civil Rights Issues: Re: How to "Be Made Whole" After the Dismissal of an Arrest in the Interest

    The fact that the matter was dropped does NOT mean you were "innocent." Even so, so long as the police and the prosecutor's office had probable cause to make the arrest and pursue the legal action,...
  2. Civil Rights Issues: Re: How to "Be Made Whole" After the Dismissal of an Arrest in the Interest of Justic

    There is no provision in the law for you to be "made whole" by virtues of being acquitted in a court of law, or if the case was dropped for whatever reason. If there was some form of egregious...
  3. Replies
    10
    Views
    208

    Re: Dropped Charges

    A private person's arrest (aka a citizen's arrest) must be supported by probable cause - even if said cause is merely the statement of the alleged victim. And, no, the officers did have a choice -...
  4. Sex Offenses: Re: Teacher in the East Bay Prosecuted Over 10 Years Later

    This is why the details matter. The most common charge for patting a butt, even of a child, would be sexual battery (PC 243.4). There'd have to be much more for a charge of PC 288 to have a remote...
  5. Sex Offenses: Re: Teacher in the East Bay Prosecuted Over 10 Years Later

    There are a number of exceptions in both the civil and criminal codes. You are free to do a lot of reading if you'd like. The teacher is not being charged with misdemeanor sexual battery, but,...
  6. Sex Offenses: Re: Teacher in the East Bay Prosecuted Over 10 Years Later

    There IS a statute of limitations for certain enumerated offenses as included in PC 801.1. The scenario you mention, the touching of a breast or buttocks, would most likely be charged as PC 243.4...
  7. Sex Offenses: Re: Teacher in the East Bay Prosecuted Over 10 Years Later

    Maybe (though it'd be "not guilty" as opposed to "innocent"). However, depending upon the facts that are presented, given the strength of the teachers unions here, provided she does not admit to...
  8. Sex Offenses: Re: Teacher in the East Bay Prosecuted Over 10 Years Later

    In 2018 new law was passed that (effective January 1st, 2019) would permit prosecution of child sex offenses up until the victim's 40th birthday (PC 801.1). So, no, criminal charges could not be...
  9. Re: Can a Judge Use Their Court to Enforce Compliance with a Different Court

    They can call it informal probation, bench probation, or something else. Bottom line, as long as you are still ON probation, you are subject to the terms of said probation.

    As jk mentioned, it...
  10. Re: Can a Judge Use Their Court to Enforce Compliance with a Different Court

    The answer to virtually any question that begins with the words, "Can a judge ....", is "Yes."

    You are free to speak to your attorney about this and see what they have to say.

    Have you...
  11. Re: What a Police Officer Can See when They Run My License Plate

    If you have to register with the state, and this database is readily accessible to law enforcement, then it is possible that an officer can find out about that status if they run your name. If they...
  12. Driver's License Issues: Re: Regarding the 12 Month Restrictions on a Provisional License

    The issue date and the date of the provisional status should be on the license itself. How did the officer determine that you were driving in violation of your provisional status?

    The status...
  13. Replies
    17
    Views
    547

    Re: Should a Murder Charge Be Even Considered

    Makes sense. But, something about it seems to rankle anyway. Makes me wonder, though, why we don't see more moves like that with high profile offenses.
  14. Replies
    17
    Views
    547

    Re: Should a Murder Charge Be Even Considered

    It might vary by state because we have made careful decisions out here to avoid pursuing cases or accepting pleas too early in order to avoid overlooking more serious, related offenses. But, I...
  15. Replies
    17
    Views
    547

    Re: Should a Murder Charge Be Even Considered

    But, I would think that because the death arose from the same fact set for which he was convicted it might be double jeopardy. It would seem akin to adding a new crime to try if you didn't get the...
  16. Replies
    8
    Views
    455

    Re: Police Profiling of Mentally Ill Subjects

    In theory, anything might be possible. In practice, law enforcement details mentally ill subjects for evaluation by mental health professionals. The final assessment of whether they are a danger to...
  17. Re: California Traffic Violation Code: CVC 27602(A) is This a Moving Violation

    Well, if you had been cited for another offense, you run the risk of a point, But, for the violation you posted, no.
  18. Establishment: Re: How Long is a Permanent Restraining Order for in California

    If unstated, the term is for 3 years.

    And, yes, the petitioner can apply to renew it as often as they want.

    You can find a lot of answers here:
    ...
  19. Re: California Traffic Violation Code: CVC 27602(A) is This a Moving Violation

    That depends - what do you mean by a "moving" violation? Yes, you can be cited while you are moving (since that is what the section addresses). But, it is a zero point offense so no hit to your...
  20. Re: Mom Hasn't Seen Child in Over 5 Years and Now Wants to Comeback

    You say the child lives with you. Does the child's father?

    Ultimately, the custodial parent (dad) does not have to do ANYTHING with regards to mom without a court order. Until she goes back to...
  21. Other Violations: Re: In Oregon Can Police Stop You for Suspicion of Expired Insurance

    Agreed.

    That happens in a great many states, I am sure. It happens in my state. I suspect that is what happened here - that the insurance was allegedly lapsed and the registration suspended or...
  22. Establishment: Re: How Long is a Permanent Restraining Order for in California

    The length of time depends. The default length is 3 years, but there are factors that can come into play for orders up to 5 years. I have seen orders as high as 10 years, but I recall those being...
  23. Termination: Re: California: Best Strategy to Vacate Permanent Restraining Order

    There's no way to predict what an unknown judge in an unknown court will do in an unknown case. *IF* you can get the matter back up before the court, you would essentially have to show how you are...
  24. Other Violations: Re: In Oregon Can Police Stop You for Suspicion of Expired Insurance

    If this is the case, and OR law prohibits a stop solely for lack of insurance - and the officer concurs that this was the sole reason for the stop - then you should have no problem getting the...
  25. Termination: Re: California: Best Strategy to Vacate Permanent Restraining Order

    The problem lies in your not attending the first hearing and thus depriving the court of your testimony. here's no saying that would have prevented the order from being issued, but merely havi ng...
Results 1 to 25 of 500
Page 1 of 20 1 2 3 4