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Stalking as a Tort Action in California

May 15, 2013 – 11:13 am

In the state of California, stalking can be filed as a criminal and a civil case, and both penalties can be sought by a plaintiff. The California Penal Code Section 646.9 covers the criminal act of stalking and California Civil Code Section 1708.7 covers Stalking; tort action; damages and equitable. CCC 1708.7. (a) A person … » Read More

What are the California Stalking Laws?

May 14, 2013 – 9:16 am

The widespread public awareness and focus on the crime of stalking intensified during the 1980’s after the murder of John Lennon and the assassination attempt on President Ronald Reagan. Both of these crimes were carried out by obsessed stalkers. But it was not until after the 1989 murder of the rising young actress, Rebecca Schaeffe, … » Read More

What are the California Laws on Eavesdropping?

May 13, 2013 – 12:52 pm

California Penal Code 632 defines the crime of eavesdropping: 632. (a) Every person who, intentionally and without the consent of all parties to a confidential communication, by means of any electronic amplifying or recording device, eavesdrops upon or records the confidential communication, whether the communication is carried on among the parties in the presence of … » Read More

What is the California Law on Wiretapping?

May 8, 2013 – 7:27 am

Wiretapping is considered a criminal act in California and the law that prohibits this activity is written in the California Penal Code 631. This California law makes it a crime for for private citizens to tap someone’s phone. CPC 631. (a) Any person who, by means of any machine, instrument, or contrivance, or in any … » Read More

What is the California Gun-Free School Zone Act?

May 7, 2013 – 5:04 pm

California’s Gun-Free School Zone Act is found in California Penal Code 626.9 The Gun-Free School Zone Act punishes anyone possessing a firearm in a place that is known or “reasonably should” be known as within a school zone. It also punishes anyone for discharging a firearm, or even attempting to discharge a firearm, within a … » Read More

What are the Consequences of Parole Violation in San Diego?

May 5, 2013 – 6:08 am

When a convicted individual has served out most of his or her sentence, and has shown good behavior in prison, the parole board may vote to release the prisoner to the supervision of a parole officer. As long as the parolee follows all the rules and conditions of the parole, the remaining sentence time can … » Read More

The Miranda Rule and Your Rights in San Diego

May 2, 2013 – 10:15 am

What is the Miranda Rule? The Miranda Rule is the requirement that the police, prior to the time of an arrest and interrogation of a crime, must warn you that anything you say may be used as evidence against you, that you have the right to a lawyer and the right to remain silent until … » Read More

What Happens if I Violate my Probation in San Diego?

April 3, 2013 – 9:17 am

There are two kinds of probation: 1. Unsupervised (Court Probation) 2. Formal Probation, which is supervised by a Probation Officer. If you are on probation, seemingly insignificant reasons may constitute a violation. It is not enough just to stay out of trouble. Even small clerical errors on your part can lead to a violation. You … » Read More

What Does a Judge Consider When Sentencing in San Diego Criminal Courts?

April 1, 2013 – 9:00 am

In San Diego and in the state of California, judges are the ones who usually determine what the sentence will be for a convicted defendant. In a jury trial, most jurors will be instructed not to consider the question of punishment when deciding the defendant’s guilt or innocence. An exception may be in capital punishment … » Read More

What is the Aggravated Kidnapping Law in California?

March 26, 2013 – 11:49 am

The Aggravated Kidnapping Law is found in the California Penal Code Section 209 . Aggravated Kidnapping can refer to a number of different kidnapping situations, including kidnapping for ransom, reward or extortion; and kidnapping to commit a sex crime or robbery. Aggravated kidnapping is a felony. California Penal Code Section 209 209. (a) Any person who seizes, confines, … » Read More