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San Jose School Bullying Law

California Law prohibits both school and cyberbullying and harassment of students. Numerous sections of the California Education Code make it illegal and sometimes a hate crime to cause students to be placed in fear of their safety, including by video, text, false images and profiles. Although many older people remember playground scuffles and name-calling, […]

Sex Registration (Penal Code 290) Tiers & Petitions

Beginning January 1, 2021, the CA DOJ began to designate tiers for registrants. Beginning July 1, 2021 on or after their next birthday, mandated minimum requirements may petition for termination of their sex offender registration requirements in the superior court in the county in which they reside. Beginning January 1, 2022, registrants will be […]

Certificate of Rehabilitation

Procedure for Restoration of Rights and Application for Pardon [4852.01 – 4852.22]

( Chapter 3.5 added by Stats. 1943, Ch. 400. )

4852.01.  

(a) A person convicted of a felony who is committed to a state prison or other institution or agency, including commitment to a county jail pursuant to subdivision (h) of Section 1170, may file a […]

Number of Juror Challenges May be Changed

Number of Juror Challenges May be Changed
Number of Juror Challenges May be Changed .

California Senate Bill (SB) 213 would reduce the number or peremptory challenges in a misdemeanor trial from 10 down to 6. The theory is that this will “speed up justice”.

During jury selection, many people have prejudices they will not admit out loud. An attorney […]

Interesting Law Enforcement Tools and Technology

Interesting Law Enforcement Tools and Technology
Interesting Law Enforcement Tools and Technology .

While reviewing some documents in a court case, I came across the sentence:
The police department used an ALPR (Automated License Plate Reader) and noted that the suspect’s vehicle was located near the ABC/XYZ area.
In the case file I was reviewing, police were attempting to locate […]

President Obama Pardons 46

President Obama Pardons 46
President Obama Pardons 46 .

In mid-July, 2015, President Obama made headlines by commuting the sentences of 46 federal offenders. While I am not familiar with all of the crimes or parties involved, I know these 46 were part of a group of almost 30,000 people who have sought the remedy of executive clemency.

Many of […]

Sports Injury or Assault with a Deadly Weapon?

Sports Injury or Assault with a Deadly Weapon?
Sports Injury or Assault with a Deadly Weapon? .

Anyone who has watched professional sports or even weekend warrior sports knows

You can get hurt and.
Some guys play dirty.

During the October 11 Dodgers/Mets Playoff game, Chase Utley allegedly slid into third base a little too late and broke the leg of […]

Prison Fire Camps

Prison Fire Camps
Prison Fire Camps .

Over the 30-something years I have been a California lawyer, I have learned about fire-camp from the inmate’s point of view. Young healthy inmates who have a prison sentence to serve for a non-violent crime have often asked about going to “fire camp”. California prisoners have wanted the excitement and the reduction […]

Your Rights in a Vehicle Stop: Contrasting Situations

Your Rights in a Vehicle Stop: Contrasting Situations
Your Rights in a Vehicle Stop: Contrasting Situations.

On July 18, 2013, a Texas officer stopped a young woman named Sandra Bland for failing to signal a lane change. The officer’s dash-cam activated, capturing most of the audio and video during the incident.  Ms. Bland complied by pulling over, and was smoking a cigarette when the officer approached.  She appeared to have a valid license and other required documents, so the officer decided to give her a warning instead of a ticket.  That’s when the encounter changed…

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California Supreme Court Strikes Down Certain Jessica’s Law Provisions

California Supreme Court Strikes Down Certain Jessica’s Law Provisions
California Supreme Court Strikes Down Certain Jessica’s Law Provisions .

On March 2, 2015, the California Supreme Court decided In re Taylor, and declared the residency restrictions for registered sex offenders under the Jessica’s Law unconstitutional – but only as to the way San Diego County courts applied the law.

Because this case […]

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