Archive for the "Legal" Category

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What is Assault (Penal Code Section 240)?

Assault is a crime that often seems hollow because no one is physically injured, although no prosecutor would so characterize it. Assault, as defined by Penal Code

What is Child Abduction (Penal Code

It is not uncommon during acrimonious divorces and child custody proceedings to hear one parent claim the other parent has “abducted our child.” The parent missing the child calls the police, not only hoping to receive assistance in the return of the child, but to also gain an advantage in the pending child custody proceedings. […]

What is Kidnapping and Aggravated Kidnapping?

Kidnapping is often considered a crime only practiced in third-world countries like El Salvador and Ecuador. However, it certainly occurs here in the United States, but often in a far less serious newsworthy context. In fact, it is a crime that takes place often in the context of domestic violence for just a few minutes […]

Marijuana Grower’s Conviction For Voluntary Manslaughter Upheld From Killing Thief of His Crop.

Phayvanh Dydouangphan (“PD”) had the appropriate documents to grow marijuana for medicinal purposes and did so in his backyard. The plants grew so large that people on the Fresno street alongside the garden could see the plants over a six-foot fence. Thefts were a constant problem, so PD kept three dogs to protect his plants. […]

What is Indecent Exposure (Penal Code

California Penal Code

Partygoers’ Convictions For Attempted Murder Based on “Kill Zone” Theory Reversed

On January 19, 2008, at least 428 people attended an eighteenth birthday party at a Masonic Lodge in Lakewood, California. The party was for twin brothers Randall and Carlton Hook, African-Americans who formed an anti-gang group was selected to challenge the stereotype that African-American adolescents from Compton were trouble makers. For unknown reasons, shots suddenly […]

DUI Arrest Proper When Man Stumbles in Middle of Road While Picking Up Fallen Tools

When someone is not observed driving, but appears drunk or intoxicated on drugs, an arrest for DUI merits a closer look. Sometimes an officer will find someone sleeping in their car on the side of the road, often in the early morning hours. Other times, a driver will park his car along the side of […]

Court Incorrectly Grants Certificate of Rehabilitation by Not Evaluating Recent Drug Offense

Mitchell Zeigler was convicted in 1989 of two felony counts of transportation or sale of narcotics (Health and Safety Code

Expungement of Petty Theft Conviction a Mistake, Although Defendant Consequently Faces Deportation

Defendant Hyung Joon Kim immigrated to the United States from South Korea at age six. He became a lawful permanent resident in 1986, but not a citizen. While a juvenile, he was arrested multiple times and was placed on probation before he was eighteen. Within months after turning eighteen, he was convicted of first degree […]

10 Immigration Myths About Deportation

1. Once you have a Green Card you cannot get deported. This is not true. A green card only gives you a right of permanent residence in the USA. The government can take away your green card if you are convicted of certain crimes and fraud, or long absences from United States. 2. A green […]