In 1994, Californians voted in the Three Strikes Law, but after decades of unfair and expensive punishments, Californians began to realize the problems that came with the law. In this second part of a two-part blog series, jD LAW, P.C., is examining how the law came to be amended.
Over 25 years ago, Polly Klaas was abducted from a slumber party at her home in Petaluma. After her disappearance, a fruitless search was conducted for two months. On December 4, 1993, Richard Allen Davis confessed to the murder and took police officers to where he had hidden the body. Davis is now being held on death row at San Quentin State Prison.
Being sent to juvenile hall has many consequences in California. The one most people worry about is the fact that the child now has a criminal record, and that record is not always sealed after he or she turns 18 or 21. But there is another consequence to being held in a juvenile facility: the family must often pay for the incarceration. This burden can be a real hardship for many families, and California banned new detention fees in 2009.
In Los Angeles County, the Probation Department went one step further by erasing past juvenile detention fees across the board in one sweeping motion.
Halloween is right around the corner. For children, that means trick-or-treating and lots of candy, but it often means something else for adults. This is the time of year for parties, and alcohol is a big part of those parties.
While having a few cocktails with friends in costume is a great way to celebrate the holiday, there are some things you should watch out for in San Diego. One of those is public intoxication. California has statutes pertaining to being drunk in public, and those convicted of this crime may face serious consequences.
In California, law enforcement can search a person, vehicle, home, or other personal property if it is believed the person committed a crime. However, the Fourth Amendment of the U.S. Constitution protects all American citizens from unlawful search and seizure.
So, when can law enforcement conduct a search? When is a search and seizure considered illegal? And what happens to the contents found when a search has been conducted illegally?
Deliberately setting fire to anything in California is a serious offense. Our hot and dry climate has lots of things ready to burn, and firefighters always seem to be battling wildfire season. As such, when a person sets a fire that gets out of control, whether in a structure, on land, or to property, he will face severe penalties.
Just about everyone has been in a heated situation. Tension can turn into arguments, yelling, or even become physical. So when does a simple fight turn into assault? And when does it become battery?
When someone has been convicted of a crime, the judge will look at the number of punishments allowed under the law and assign one of them depending on the nature of the crime and the past criminal record of the defendant.
When people are convicted of crimes, they may think that serving jail time is their only option. But in many cases, Southern California judges opt for alternative sentences. An alternative sentence is one that does not include jail time but some other form of punishment to deter the individual from committing another crime in the future.
Everyone deserves a second chance at life. They deserve employment, and the opportunity to be able to pay their own bills. That was the thinking behind some of our newest legislation in California. It allows people with a criminal record to at least get their foot in the door without having to disclose the “black mark” on their record. And that, the Legislature is hoping, will give them the second chance they rightly deserve.
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California’s Three Strikes Law – Part Two