30 Day Early Release for California Jail Inmates Allowed Due To County Jail Overcrowding (CPC 4024.1)
30 Day Early Release for California Jail Inmates Allowed Due To County Jail Overcrowding (CPC 4024.1) In response to the overcrowding of city and county jails, California recently changed California Penal Code section 4024.1, which allows you to be released from custody prior to your scheduled release date. California Penal Code section 4024.1 now provides that the court may authorize your early release up to 30 days prior to the…
Read MoreCalifornia Changes Compassionate Release Law (Government Code 26605.6, 26605.7, 26605.8)
California Changes Compassionate Release Law (Government Code 26605.6, 26605.7, 26605.8) California recently modified the compassionate release law that will allow you to be released from county jail if a medical doctor examines you and finds that you have less than six months to live. In addition, it must be determined that you are not a threat to public safety in order for you to be released. The law also allows…
Read MoreIs A Police Officer Legally Required To Read Me My “Miranda Rights”?
Is A Police Officer Legally Required To Read Me My “Miranda Rights”? Many people believe that when they are arrested they must be read their Miranda rights. The Miranda rights are constitutional rights that every person has in this country, which requires the police to advise you of you right to have an attorney present prior to being questioned about the crime for which you were arrested. However, in a…
Read MoreCan I Record a Conversation With Another Person Without Their Consent in California? (PC 632)
Can I Record a Conversation With Another Person Without Their Consent in California? (PC 632) The answer is NO in most circumstances. Under Penal Code Section 632, enacted under the California Invasion of Privacy Act, makes it illegal for an individual to monitor or record a "confidential communication" whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone,…
Read MoreCan I Demand That The Police Arrest A Person Who Committed A Crime Against Me?
Can I Demand That The Police Arrest A Person Who Committed A Crime Against Me? We are often asked this question. While you have the legal right to make a police report when you believe a crime has been committed against you, the decision as to whether to arrest the “suspect” is left to the complete discretion of law enforcement. If you want to increase the chances of the person…
Read MoreWhat Is The Difference Between Pleading Guilty And No Contest In A Criminal Case?
If you reach a plea agreement in a California criminal court, the judge will ask for your formal plea. Most people are thrown off by the fact that they can choose either to plead guilty or no contest. The question that would most typically run through their mind: What is the difference? By entering a plea of guilty, you are essentially admitting to the charges alleged against you. A plea…
Read MoreWhat is the Statute of Limitations on My Crime?
What is the Statute of Limitations on My Crime? In the legal world, the statute of limitations is a period of time after an alleged crime or incident in which prosecution or a legal suit may be initiated against you. This can be thought of as a deadline or cut-off date for someone to sue or prosecute you after an incident. Without a statute of limitations, you could be blind-sided…
Read MoreIf You Are A Guy And You Wear A Dress On A Plane The Airlines Can Kick You Off The Flight
If You Are A Guy And You Wear A Dress On A Plane The Airlines Can Kick You Off The Flight Recently airlines have refused to let passengers board or remain on a plane because of what they were wearing. A woman was kicked off of an American Airlines flight because she wore a T-Shirt that included the “F” Word. Another man wore a T-Shirt that said “Terrists gonna kill…
Read MoreWhen Am I Free To Leave A Police Encounter?
When Am I Free To Leave A Police Encounter? When determining whether a particular police encounter with a suspect amounted to a detention, an objective standard is used by the Courts. The question is, in view of all surrounding circumstances, would a reasonable person in the suspect’s position have believed he or she was not free to leave? If a reasonable person would have believed that he or she was…
Read MoreBeing Declared an "Idiot" is a Legal Defense
Being Declared an "Idiot" is a Legal Defense “My son is an idiot, thus he shouldn't be held criminally liable for that offense.” This statement was recently overheard by the mother of a defendant outside of a court room. While it is not certain if this woman’s son was literally an idiot or not, “idiocy” can be a legal defense. Believe it or not, if one is found legally to…
Read More