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Darren Kavinoky (2,069)  
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27 Articles Total
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| Three Strikes List of Felonies
The Three Strikes law significantly increases the prison sentences of persons convicted of felonies who have been previously convicted of a violent or serious felony, and limits the ability of these offenders to receive a punishment other... ( added 2 years 167 days ago.) |
| Petty Theft, and Petty Theft with Prior
Theft is the act of stealing goods. Petty theft involves stealing goods or services worth $400 or less and is charged as a misdemeanor for first time offenses. Where the value of goods stolen is less than $50, the misdemeanor may be... ( added 2 years 167 days ago.) |
| Spousal Rape Sex Crime It is a crime in all 50 states, and federal lands, for a husband to rape his wife. Spousal rape refers to sexual acts committed without a person's consent and/or against a person's will, when the perpetrator is the woman's husband or ex-husband.... ( added 2 years 167 days ago.) |
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| Sexual Battery Sex Crime Sexual battery is defined in California Penal Code Section 243.4(a), which reads in part: “Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is... ( added 2 years 167 days ago.) |
| Rape Sex Crime Law
Rape is defined in California Penal Code Section 261 as an act of sexual intercourse (actual penetration of a woman’s vagina with the man’s penis) with someone other than a spouse, carried out without consent and accomplished through force... ( added 2 years 167 days ago.) |
| Oral Copulation Sex Crime
Oral copulation refers to the act of touching the mouth of one person with another person’s sexual organ or anus. The definitions of oral and copulation are: “oral" meaning of, relating to, or belonging to the mouth, and " copulation "... ( added 2 years 167 days ago.) |
| Lewd Act with a Child under 14 A lewd or lascivious act is defines as any touching of the body of a child under the age of 14 years with the specific intent to arouse, appeal to, or gratify the sexual desires of either party. The touching can be against bare skin, or on top of... ( added 2 years 167 days ago.) |
| Sentencing Alternatives: What Kind of Sentencing Alternatives Are Available in DUI Cases? The penalties for conviction of a DUI are harsh and include large fines, jail time, and mandatory alcohol education classes. Conviction for multiple DUIs only increases the amount of punishment. Because of the harsh nature of DUI sentencing laws... ( added 2 years 167 days ago.) |
| Sentencing Alternatives: SCRAM Program
SCRAM is an alcohol monitoring program that is intended for the multiple DUI offender who would otherwise be facing mandatory incarceration. Instead of incarceration, some courts will allow the DUI offender to participate in an alternative... ( added 2 years 167 days ago.) |
| Sentencing Alternatives: Electronic Monitoring
Electronic monitoring, also known as “house arrest" allows the convicted DUI offender to stay at home instead of being incarcerated in the county jail. There are many types of electronic monitoring devices. ( added 2 years 167 days ago.) |
| Alternative Sentencing: Community Service
Where the court has the ability to sentence the DUI offender to a term of incarceration in the county jail, the court may choose to allow the defendant to serve the hours that would have been spent in county jail instead on community... ( added 2 years 167 days ago.) |
| Legal Requirements of Roadblocks
The Ingersoll/Palmer factors
The Supreme Court of California rendered a decision on the premiere California ro ( added 2 years 167 days ago.) |
| Vandalism Property Damage Law California law makes it a crime to deface, damage, or destroy the real or personal property belonging to another person. The crime is termed “vandalism," which is a misdemeanor, unless the monetary damage is great, and then it is a felony. A... ( added 2 years 167 days ago.) |
| Hit and Run: Property Damage
Hit and run is generally defined as a criminal act. Where the collision is with property only, such as another vehicle with no occupants, the driver must leave information attached to the damaged property, as well as make a report to the... ( added 2 years 167 days ago.) |
| Plea Bargaining: Wet Reckless, Dry Reckless, Exhibition of Speed Plea Bargaining:
How do the following differ from a DUI:
Wet Reckless, Dry Reckless, Exhibition of Speed
( added 2 years 167 days ago.) |
| Plea Bargaining: When is a DUI a felony?
How many theories are there to make a DUI a felony, what are requirements?
What are the potential sentences for each?
What ( added 2 years 167 days ago.) |
| Vehicular Manslaughter Law Info Vehicular manslaughter is a type of involuntary manslaughter which does not require the element of an intention to kill. The only difference between a vehicular homicide and other homicides is the use of a motor vehicle as a weapon, as opposed to... ( added 2 years 167 days ago.) |
| Murder Law and Info Murder is the unlawful killing of a human being, or a fetus, with malice aforethought. There are two types of murder: murder in the first degree and murder in the second degree. In order to bring murder charges, the victim must die within a year... ( added 2 years 167 days ago.) |
| Evidential Breath Tests DUI
Evidential breath tests, commonly known as EBT’s, are the most commonly used breath-testing instruments. These instruments detect ethyl alcohol by infrared spectroscopy.
( added 2 years 167 days ago.) |
| Alcohol and the Human Body: 101
Alcohol is a central nervous system depressant. The degree to which the central nervous system function is impaired is directly proportional to the concentration of alcohol in the blood. There are 3 stages: absorption, distribution, and... ( added 2 years 167 days ago.) |
| Carrying Concealed Weapon Law
Generally, California law prohibits any individual from carrying a loaded firearm of any kind on his or her person or in a vehicle while in any public place or on any public street in an incorpora ( added 2 years 167 days ago.) |
| Federal Crimes DUI Law
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 dealing with federal property, federal matters and federal... ( added 2 years 167 days ago.) |
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| Possession of Precursors (Meth or PCP) Not only is it illegal to possess methamphetamine or PCP, but it is also illegal to possess the ingredients with the intent to manufacture these drugs.
California Health and Safety Code Section 11383 (a) applies to the ingredients for... ( added 2 years 167 days ago.) |
| Possession for Personal Use
Possession of drugs for personal use requires the following knowledge:
Knowledge of the presence of the controlled substance
( added 2 years 167 days ago.) |
| Wobblers vs. Wobblettes Law
Wobblers
In Californi ( added 2 years 167 days ago.) |
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