Ley de Borrón y Cuenta Nueva de California – AB 1076 – ¿Expurgaciones sin peticiones?

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California ha adoptado recientemente una legislación que pretende abordar de manera significativa el alivio posterior a la condena. Para los condenados por un delito penal, tener antecedentes penales puede ser un castigo duradero más allá de las consecuencias directas de una condena. La Ley de Borrón y Cuenta Nueva de California va más allá que otras opciones de alivio posteriores a la condena para realmente brindarles a las personas con antecedentes penales un nuevo comienzo.

Sujeto a las limitaciones presupuestarias, la Ley de Borrón y Cuenta Nueva de California brinda un alivio automático posterior a la condena para las …

Do police have the right to search my house?

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Police raids are back in the headlines again, and if there was even a doubt about who can be raided, we should all know now, it can be anyone. That was always the case, but everyone is on notice now. Do police generally have the right to search you house?

Is there a general right to search your home?

No. In the United States, our homes are protected against unreasonable searches and seizures, and no law enforcement officer has the right to access our home, generally. Of course, there are exigent circumstances that may give them the right to …

Federal embezzlement and what makes it unique

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Being investigated for or accused of committing a crime can be a terrifying experience. After all, the outcome will have an enormous impact on your life, your family and your career. Embezzlement is a crime that most have heard of but they don’t necessarily understand, particularly at the federal level.

It’s a theft, but more than that

Embezzlement is basically theft. The alleged embezzler is accused of taking something that is not theirs. However, embezzlement is different because of the relationship between the person accused and the money or allegedly stolen property.

Embezzlement only happens when the alleged embezzler is …

How to Survive a Sex Crime Allegation

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What You NEED to Know if You’ve Been Charge With a Sex Crime

Sex offenses are different than any other type of crime. These kinds of charges are extremely serious and difficult to defend against. One could honestly say that once an allegation has been made – especially involving a child, the deck is stacked against you.

Juries hate these cases – District attorney offices have specialized units to prosecute these types of cases. The rules of evidence are different. The information that would never be allowed before a jury in a typical case can be admitted in a case …

Cómo sobrevivir una acusación de delito sexual

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LO QUE NECESITAS SABER

Los delitos sexuales son diferentes a cualquier otro tipo de delito. Este tipo de cargos son extremadamente serios y difíciles de defender. Se podría decir honestamente que una vez que se ha hecho una acusación, especialmente cuando se trata de un niño, la baraja está en tu contra.

Los jurados odian estos casos. Las oficinas del fiscal de distrito tienen unidades especializadas para procesar este tipo de casos. Las reglas de la evidencia son diferentes. La información que nunca se permitiría ante un jurado en un caso típico puede admitirse en un caso que involucre denuncias …

What does it mean to have a 1275 hold placed on your case?

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You have been arrested on accusations that you committed a serious financial crime and are waiting in jail to be bailed out, only to find out that there is a hold on your case preventing you or a loved one from posting bail.

You may think this is unwarranted, as you do not think you pose any threat to the public and that the crime you are accused of is not that serious. However, there are numerous factors that will be considered when bail is set and there are circumstances under which bail money will not be accepted.

What factors

False accusations can lead to domestic violence convictions

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Thousands of men and women are victims of domestic violence each year. With so many real victims out there, it is hard to imagine that anyone would pretend to be a victim of such a horrible crime. Unfortunately, there are many cases in which a person will accuse someone of domestic violence simply to ruin their career or to get revenge on them after a breakup.

However, false allegations of domestic violence can cause more than just hurt feelings or a ruined reputation. Without the help of a qualified attorney, many people have been wrongfully charged and convicted of domestic …

How to pick an Attorney

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There are a lot of attorneys out there, so how do you pick the best attorney for your needs? Here are some key points to keep in mind and some important questions you should be asking.

First, does the attorney have sufficient experience to handle the issue that you are dealing with?

Once an attorney has a bar card, he or she can practice in any area of law they want. You will often find attorneys who do personal injury and criminal law and wills and trusts and family law. Basically, they will do anything.

An attorney that works in …

Juvenile Registration Law in California

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Generally, a minor who has been adjudicated or admitted a sex offense does not have to register as a sex offender. There are two exceptions. The first is if the minor was transferred to adult court and convicted of a qualifying offense as an adult. The second is if the minor is adjudicated a ward of the court and then committed to the Department of Juvenile Justice (DJJ).

  • Assault with intent to commit any of the following – rape, sodomy, or oral copulation, rape in concert, a lewd or lascivious act on a child, or penetration by a foreign object.

Diversion for Prostitution Charges

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We’ve seen evidence of prostitution in some of the world’s oldest cultures. Prostitution has been described as one of the world’s oldest jobs. In some countries, prostitution remains a legal profession. In others, like the United States, prostitution is criminalized. Not everyone supports the criminalization of prostitution. To some, if not many, prostitution is a transaction between two consenting adults.

Nevertheless, as it stands, prostitution is illegal in California. California Penal Code section 647(b) criminals the exchange of of sexual act for compensation.

Recently, in fact, law enforcement has “rebranded” prostitution as an act of human trafficking. Or, at least, …