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Category - Probation

27
May

SAN DIEGO CRIMINAL DEFENSE: MIRANDA DOES NOT APPLY TO PROBATION VIOLATIONS

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8
Feb

CALIFORNIA CRIMINAL DEFENSE: MANDATORY NO-CONTACT ORDERS WITH UNDERAGE SEX VICTIMS

California Penal Code section 1202.05(a) says that the sentencing court must impose a no-contact order barring contact between the defendant and any victim of a sex count under the age of 18. The defendant here was convicted of various counts, but the sex counts where the victims were under 18 were dismissed. But the court …

18
Jan

CALIFORNIA SENTENCING LAW: ENHANCEMENTS AND MINIMUM PAROLE ELIGIBILITY

The defendant here was convicted of attempted premeditated murder. He got a 25 years-to-life enhancement under California Penal Code sec. 12022.53 for firing a gun causing great bodily injury. He also got a minimum parole eligibility of 15 years, under PC 186.22(b)(5). Relying on Brookfield (47 Cal.4th 583), the California Court of Appeal holds that …

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