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Criminal Defense Archives

Proof of Criminal Neglect Is Not Necessary For An Initial Adjudication of Dependency

images-thumb-275x183-23637.jpgIn re Ethan C. (2012) 54 Cal. 4th 610, 143 Cal. Rptr. 3d 565 , the California Supreme Court held that Welfare & Institutions Code section 300(f), which allows an initial adjudication of dependency if the child's parent caused the death of another child through neglect, does not require proof of criminal neglect. Here, the father's failure to strap his infant into a car safety seat, resulting in her death in a car accident, was a sufficient reason for adjudicating his other children dependent.

What Happens If My Ex Refuses To Obey A Court Order?

contempt.jpgIt can be a misdemeanor to disobey a court order.Disobedience of a court order is called contempt. A contempt proceeding is a special proceeding in which, technically speaking, the court and the person charged with contempt are the only parties. However, the person alleged to be aggrieved by disobedience to the order in question is permitted to participate in a role that is, in all but name, that of an amicus curiae. The proceeding is not an adversary proceeding of the usual kind, but courts generally use familiar litigation terms and concepts in discussing contempt proceedings. For example, the California Supreme Court has said that in a prosecution for constructive contempt, the affidavit on which the proceeding is based constitutes the complaint, the affidavit of the defendant constitutes the answer, and the issues of fact are thus framed by the respective affidavits serving as pleadings.

California's Safe At Home Program For Victims Of Domestic Violence

dv-thumb-275x332-45858.jpgThe California Secretary of State Safe at Home program is a special program for victims of domestic violence, stalking and sexual assault. The Safe at Home program is California's confidential address program. It is a state program under the direction of the California Secretary of State's Office. The primary purpose of the program is to provide a free P O Box tovictims of domestic violence, stalking and sexual assault which participants can use in lieu of their residence address with state and local government agencies.

US Supreme Court Holds That Law Enforcement Need A Warrant Before GPS Tracking Can Be Used

Electronic-Discovery-and-the-Fourth-Amendment-thumb-275x182-34535.jpgIn US vs. Jones, the US Supreme Court was asked to decide whether the attachment of a Global Positioning-System (GPS) tracking device to an individual's vehicle, and subsequent use of that device to monitor the vehicle's movements on public streets, constitutes a search or seizure within the meaning of the Fourth Amendment.

Unprotected Sex Is Not Willful and Malicious Act For Purposes of Non-Dischargeability

throwing-a-punch-thumb.jpgIn the case of Cragen v. Maxwell the plaintiff (Cragen) believed he contracted a sexually transmitted disease from debtor (Maxwell) and threatened to sue her. To avoid suit, Maxwell agreed to pay Cragen $35,000. She signed a promissory note to which the plaintiff agreed to release her from any claims sustained by or resulting from contracting a sexually transmitted disease from Maxwell.

Former Trustee Sentenced For Fraud - Santa Rosa Bankruptcy

FBI_LOGO.pngWell, maybe a bankruptcy trustee can't be sued in state court under an intentional tort theory; this does not mean a trustee can't break the law. Former bankruptcy trustee Marika Tolz was sentenced to 81 months in jail, followed by 18 months of house arrest. In May, Tolz pleaded guilty to one count of conspiracy to commit wire fraud in a $16 million conspiracy. Tolz had been a member of the panel of Chapter 7trustees for the US Bankruptcy Court, Southern District of Florida, for more than 20 years.

MADD Would Like to See Random Breath Tests for Drivers

police-state-by-tshansen.jpgAccording to Terry Davidson of the Toronto Sun, if Mothers Against Drunk Driving CEO Andrew Murie has his way, drivers across Canada could be forced to take a breathalyzer test anywhere, anytime - whether police suspect drunk driving or not. This new policy would replace Canada's current, 40-year-old way of doing things, where police can demand a breath test only if they have reason to suspect a driver is too drunk to drive. I for one believe, as Nathalie Des Rosiers of the Canadian Civil Liberties Association does, this new policy would be a slippery slope for a free and democratic country such as Canada and the United States. DUI attorney Lawrence Taylor is correct when he warned that MADD USA will soon push to make random stops and breath tests their next legislative goal. This is a logical progression in the long series of drunk driving laws and court decisions which have steadily eroded our Constitutional rights. Where does it end? I, like the majority of Americans, recognize that the number of drunk drivers must be minimized, but at what cost? Remember, there is a very delicate balance between freedom and security. You can't have an increase in one without a decrease in the other. At what cost to our personal freedom are people willing to accept to gain some sense of artificial security? I for one value security but at no time do I ever want to live in a police state. As Thomas Paine once wrote: "It is the responsibility of the patriot to protect his country from its government." While government does exist to protect us from each other, government has gone beyond its limits when it decides to protect us from ourselves. 

DUI CHECK POINTS: SURVIVAL TIPS

DUI.jpgAlthough the Holidays are when many Police Officers and California Highway Patrol are stepping up their enforcement of Sonoma County DUI checkpoints. Any time of year a Santa Rosa DUI checkpoint can be in place. It's often the off time of year when some folks reckon that they can get away with a few drinks. Avoiding DUI penalties and hefty DUI insurance rate increases.

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