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Monthly Archives: December 2011
Shoplifting On The Rise This Holiday Season
Some say it is due to depression, others attribute it to greed, even others say it is an obsession. Whatever the reason shoplifting is on the uptick this christmas. According to some sources, in the four weeks leading up to Christmas … Continue reading
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Dealing With Mentally Impaired Defendants in California Criminal Court
California, as most other states, has procedures to deal with criminal defendants who have mental disorders. When a defendant appears in Court and displays any behavior that suggests the defendant may be incompetent to stand trial, a Judge can order … Continue reading
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Can a Judge “back date” an order nunc pro tunc to avoid deportation?
In People v. Borja (2002) 95 Cal. App. 4th 481, the court held that a nunc pro tunc reduction of defendant’s sentence is not permitted to avoid deportation. This California Court of Appeal reversed the nunc pro tunc order reducing … Continue reading
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The Little Known Three Strikes Rule in Traffic Cases
Ordinarily, a speeding ticket or other traffic violation is an infraction which means it carries no possibility of jail time. However, what many do not know is that in some instances an infraction can be elevated to a misdemeanor. Here’s … Continue reading
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The Use of Extrinsic Evidence is Determining Legislative Intent
Determining the intent of the legislature is sometimes important when arguing that a specific law or statute does not appy to your case. To do so extrinsic evidence of the Legislatures intent may aid statutory interpretation of arguably ambiguous language. The … Continue reading
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