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Battery on a Peace Officer

Battery on a Peace Officer The crime of battery occurs with the striking of someone, with intent to harm them. . California Penal Code Section 242 states, "A battery is any willful and unlawful use of...

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Resisting Peace Officer or Firefighter

Resisting Peace Officer or Firefighter California Penal Code Section 148 makes it a criminal offense to willfully resist, delay, or obstruct police officers and firemen when they are performing their...

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Special Considerations in Drug Cases

Special Considerations in Drug Cases Diversion from criminal drug charges entails navigating the intricacies of Prop. 36 or deferred entry of judgment (DEJ), both of which divert from criminal...

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Standard of proof in DMV Hearings

Standard of proof in DMV Hearings The standard of proof at DMV hearings is the preponderance of the evidence standard. This level of proof is required in most civil cases, which DMV hearings can be...

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How does Evidence Code Sec. 1280 apply to DMV Hearings

How does Evidence Code Sec. 1280 apply to DMV Hearings A police officer's statement, contained in a police report, is hearsay. However, California Evidence Code Section 1280 allows the statement in as...

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DUI Elements: Alcohol

DUI Elements: Alcohol To obtain a conviction for driving under the influence, the prosecution must prove that the defendant drove a vehicle while under the influence of any alcoholic beverage....

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"Downer" issues in DMV Hearings

"Downer" issues in DMV Hearings The Downer case dealt with California Evidence Code section 1280, the official records hearsay exception. Hearsay involves any statement made outside of court, offered...

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The Process in a Misdemeanor Case

The Process in a Misdemeanor Case Arraignment The arraignment is the defendant's first court hearing after the arrest, booking, and initial bail phases of the criminal process have taken place. This is...

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The Process in a Felony Case

The Process in a Felony Case Initial Arraignment The arraignment is the first court hearing in a felony case. An arraignment follows the constitutional principles of speedy trial rights and the ability...

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Misdemeanors vs. Felonies

Misdemeanors vs. Felonies Most states break their crimes into two major groups, felonies and misdemeanors. The difference between the two types of crime is the punishment involved. Where a crime can be...

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Federal Crimes

Federal Crimes Federal crimes are those crimes which fall under federal jurisdiction. Congress enacts laws in areas that fall within federal jurisdiction. Typically, these are laws and regulations...

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Shooting From a Motor Vehicle

Shooting From a Motor Vehicle Shooting a firearm from a motor vehicle, commonly known as a "drive-by" shooting, results in increased penalties. It is a felony punishable by an additional and...

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Blood Tests

Blood Tests When a person is arrested for a DUI, that person must submit to a chemical test under the "Implied Consent" provision in the California Vehicle Code. Implied Consent, under Section 23612...

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Forced Blood Draw

Forced Blood Draw When a person has been lawfully arrested for a DUI, the Implied Consent provision of the California Vehicle Code mandates that they take a chemical test in order to determine their...

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PAS Tests

PAS Tests Preliminary Alcohol Screening devices, commonly referred to as PAS tests, are one of the types of field evidence police officers use in determining probable cause to make an arrest. Although...

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Manslaughter

Manslaughter Manslaughter is defined as killing a person without premeditation or malice aforethought. Malice aforethought means having an evil intent prior to the killing. Like murder, there are...

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Manslaughter While Operating a Vessel

Manslaughter While Operating a Vessel Manslaughter is the unlawful killing of another person, without having the intention to kill (known as malice aforethought-a prior intention to kill). Manslaughter...

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Investigation of DUI Cases: HGN

Investigation of DUI Cases: HGN Horizontal Gaze Nystagmus Horizontal Gaze Nystagmus (HGN) is an eye test. Nystagmus is defined as an involuntary jerking of the eyes as the eyes move from the center...

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Investigation of DUI Cases: What Physical Symptoms?

Investigation of DUI Cases: What Physical Symptoms? Why are they Significant? Officers will observe the physical appearance of the alleged intoxicated driver very closely. This is done to determine...

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Investigation of DUI Cases: What are the SFST's?

Investigation of DUI Cases: What are the SFST's? How do CA courts deal with FST's that are not performed in accordance with NHTSA? The National Highway Traffic and Safety Administration (NHTSA) has...

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