| December 07, 2009 |
| The Humanity of The Death Penalty |
| Posted By Richard Sudar |
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| I previously have written about the costs and application of the death penalty. Today, an interesting and related story appeared in The Associated Press . COLUMBUS, Ohio — A condemned killer scheduled to become the first person in the U.S. put to ... |
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| Continue reading "The Humanity of The Death Penalty" » |
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| December 04, 2009 |
| The Verdict is In |
| Posted By Richard Sudar |
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| More than a year after it all began, a jury in Perugia, Italy has convicted American student Amanda Knox of murder . In conjunction with the verdicts being read, both Ms. Knox and her boyfriend (co-defendant) Rafaelle Solecito were sentenced; Knox ... |
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| Continue reading "The Verdict is In" » |
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| November 30, 2009 |
| New Media and Juvenile Offenses |
| Posted By Richard Sudar |
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| The following report appeared in The Associated Press today: CALABASAS, Calif. — Three boys have been arrested for investigation of bullying red-haired students after a Facebook message promoted "Kick a Ginger Day" at a Southern California school . ... |
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| Continue reading "New Media and Juvenile Offenses" » |
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| November 29, 2009 |
| Suspect, Person of Interest, Under Investigation -- What We can All Learn from Tiger Woods' Car Crash and the Amanda Knox Trial |
| Posted By Richard Sudar |
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| The following headline appeared today on Sky News : The parents of Amanda Knox, who is on trial for the murder of British student Meredith Kercher, are being investigated for defamation after they accused police of beating their daughter, Sky News ... |
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| Continue reading "Suspect, Person of Interest, Under Investigation -- What We can All Learn from Tiger Woods' Car Crash and the Amanda Knox Trial" » |
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| November 28, 2009 |
| The Law of Unintended Consequences -- Could Tiger Woods' Wife be Facing Criminal Charges? What You Need to Know |
| Posted By Richard Sudar |
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| Sportsfan or not, many of us have heard about Tiger Woods' traffic accident in the early morning hours yesterday. While the details of the incident are not fully known, it seems that Tiger was not out making an emergency diaper run in the middle of ... |
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| Continue reading "The Law of Unintended Consequences -- Could Tiger Woods' Wife be Facing Criminal Charges? What You Need to Know" » |
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| November 26, 2009 |
| Bail, Jail, and Thanksgiving |
| Posted By Richard Sudar |
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| I want to wish everyone out there a happy, safe, and fun Thanksgiving. On days like this, all of us should be greatful and count our many blessings. For some, Thanksgiving day does not turn quite the way they planned. Instead of turkey, stuffing, ... |
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| Continue reading "Bail, Jail, and Thanksgiving" » |
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| November 25, 2009 |
| Sentencing in State and Federal Court |
| Posted By Richard Sudar |
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| Every criminal law case is different. Each has their own set of facts. No two defendants have the exact same past histories, records, and backgrounds. And so the issue of sentencing is, in and of itself, an artform. Each client deserves aggressive ... |
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| Continue reading "Sentencing in State and Federal Court" » |
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| November 24, 2009 |
| Fines, Fees, and Payments -- How the Right Criminal Defense Attorney Can Make All the Difference |
| Posted By Richard Sudar |
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| I was at a seminar this weekend of criminal defense attorneys and civil law practitioners. The speaker was talking about the importance of knowing all the facts, circumstances, and consequences of each case. For instance, did you know that here in ... |
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| Continue reading "Fines, Fees, and Payments -- How the Right Criminal Defense Attorney Can Make All the Difference" » |
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| November 23, 2009 |
| The Defense of Necessity and Abortion |
| Posted By Richard Sudar |
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| The following story appeared in The Associated Press today. Seemingly contradicting his own public statements, an attorney for the man accused of gunning down a Kansas abortion provider has argued in court documents that his client has an "absolute ... |
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| Continue reading "The Defense of Necessity and Abortion" » |
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| November 23, 2009 |
| Hate Crimes |
| Posted By Richard Sudar |
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| When crimes are targeted at a particular gender or towards a particular ethnic or racial group, that crime is considered a "hate crime". Specialized units and prosecutors often are assigned to these sensitive matters, and for good reason. Today, an ... |
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| Continue reading "Hate Crimes" » |
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| November 21, 2009 |
| When a Petty Theft has Anything but Petty Consequences |
| Posted By Richard Sudar |
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| With the Twilight sequel New Moon premiering in Los Angeles and elsewhere this week, it got me thinking. In California, when an individual has a theft offense on their record, the second time (a sequel, if you will) can have severe and much more ... |
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| Continue reading "When a Petty Theft has Anything but Petty Consequences" » |
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| November 21, 2009 |
| Self Defense |
| Posted By Richard Sudar |
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| We all believe that we have an absolute right to protect ourselves, our property, and our loved ones. But to what extent? As an experienced criminal defense attorney based in Southern California, I have encountered and defended individuals who have ... |
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| Continue reading "Self Defense" » |
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| November 20, 2009 |
| Comparative Justice |
| Posted By Richard Sudar |
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| I had a professor in law school with whom I am still very close who frequently discussed the topic of comparative justice. While that phrase may mean different things (ie. the disparate sentencing of minorities as compared to caucasians), I wish to ... |
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| Continue reading "Comparative Justice" » |
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| November 20, 2009 |
| Bar Fights, Melees, Conducting Thorough and Necessary Investigation, and More |
| Posted By Richard Sudar |
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| I received a call from a military serviceman who is being accused in the Riverside Courthouse of Assault with a Deadly Weapon , a violation of California Penal Code Section 245(a). Apparently, he swung a bar glass and hit another patron, severly ... |
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| Continue reading "Bar Fights, Melees, Conducting Thorough and Necessary Investigation, and More" » |
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| November 19, 2009 |
| I Blew Below the Legal Limit, Can I Still Be Arrested for a D.U.I.? |
| Posted By Richard Sudar |
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| In California, the laws regarding D.U.I. are found in two basic code sections, Vehicle Code Sections 23152(a) and 23152(b). The reason that two code sections are necessary (note that there actually are several D.U.I. related laws dealing with ... |
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| Continue reading "I Blew Below the Legal Limit, Can I Still Be Arrested for a D.U.I.? " » |
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| November 18, 2009 |
| Gang Cases and the Street Terrrorism Enforcement and Prevention Act (California Penal Code Section 186.22(a)) |
| Posted By Richard Sudar |
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| California Penal Code Section 186.22(a) states that: Any person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, and who willfully promotes, ... |
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| Continue reading "Gang Cases and the Street Terrrorism Enforcement and Prevention Act (California Penal Code Section 186.22(a))" » |
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| November 17, 2009 |
| Traffic Tickets, Negligent Operator Findings, D.M.V. Suspensions, and More |
| Posted By Richard Sudar |
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| As a criminal defense lawyer, I meet many, many people in various settings everyday. But no matter where I go, no matter what I am doing, I always am being asked about traffic tickets. What can I do, if anything, to fight my ticket? That is the ... |
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| Continue reading "Traffic Tickets, Negligent Operator Findings, D.M.V. Suspensions, and More" » |
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| November 17, 2009 |
| Resisting Arrest and Obstructing / Delaying a Police Officer, Public Officer, or Emergency Personnel |
| Posted By Richard Sudar |
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| In summary, California Penal Code Section 148(a) makes it a crime to resist, delay, or obstruct any public officer, peace officer, or emergencncy medical personal in the discharge or attempted discharge of their duty. The charge is considered a ... |
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| Continue reading "Resisting Arrest and Obstructing / Delaying a Police Officer, Public Officer, or Emergency Personnel" » |
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| November 17, 2009 |
| Child Endangerment and Domestic Violence |
| Posted By Richard Sudar |
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| Did you know that here, in California, child endangerment is prosecuted under the same umbrella code section as domestic violence (California Penal Code Section 273)? § 273a . Endangering child or causing or permitting child to suffer physical pain, ... |
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| Continue reading "Child Endangerment and Domestic Violence" » |
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| November 17, 2009 |
| Possession of a Firearm / Possession of a Firearm by a Felon |
| Posted By Richard Sudar |
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| California Penal Code Section 12025(a) states that: A person is guilty of carrying a concealed firearm when he or she does any of the following: (1) Carries concealed within any vehicle which is under his or her control or direction any pistol, ... |
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| Continue reading "Possession of a Firearm / Possession of a Firearm by a Felon" » |
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| November 17, 2009 |
| Driving on a Suspended License and D.U.I. |
| Posted By Richard Sudar |
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| California Vehicle Code Sections 14601 et seq. outline the crimes and punishments relating to driving on a suspended license. An individual's license may be invalid for any number of reasons; The most common one being a suspension related to driving ... |
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| Continue reading "Driving on a Suspended License and D.U.I." » |
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| November 11, 2009 |
| Plea Bargaining, Negotiations, and Aggressive Criminal Defense |
| Posted By Richard Sudar |
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| I am a highly aggressive and proactive criminal defense attorney. I fight hard for every inch and do not stop until my clients get justice . But being a highly aggressive lawyer does not mean that all of my cases go to trial. In fact, as an ... |
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| Continue reading "Plea Bargaining, Negotiations, and Aggressive Criminal Defense" » |
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| November 11, 2009 |
| Receipt of Stolen Property and Theft Related Offenses Generally |
| Posted By Richard Sudar |
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| Penal Code Section 496(a) defines what constitutes receipt of stolen property. To meet the elements of the crime, the prosecution has to prove that an individual somehow got property that they knew was stolen. It seems relatively simple. However, ... |
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| Continue reading "Receipt of Stolen Property and Theft Related Offenses Generally" » |
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| November 10, 2009 |
| Entrapment, Narcotics, and What You Need to Know |
| Posted By Richard Sudar |
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| I was speaking with a nice young man today who was arrested in San Bernardino over the weekend for narcotics sales / possession . The main issue in his case appears to be intent and whether or not he was entrapped. In California, entrapment is an ... |
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| Continue reading "Entrapment, Narcotics, and What You Need to Know" » |
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| November 09, 2009 |
| Elder Abuse -- What You Need to Knoiw |
| Posted By Richard Sudar |
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| In California, crimes perpetrated against the elderly are given special classification and here, in Los Angeles County and throughout Southern California, are prosecuted by special units within district attorneys' offices . These types of cases are ... |
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| Continue reading "Elder Abuse -- What You Need to Knoiw" » |
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| November 09, 2009 |
| Should Juveniles be Sentenced to Life in Prison Without the Possibility of Parole? |
| Posted By Richard Sudar |
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| As a criminal defense attorney based in Southern California, I consider myself to be a safeguard in the criminal justice system . It is not good enough to practice law but it also is necessary to wrestle with ethical implications and morality. Years ... |
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| Continue reading "Should Juveniles be Sentenced to Life in Prison Without the Possibility of Parole?" » |
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| November 09, 2009 |
| Identity Theft |
| Posted By Richard Sudar |
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| California Penal Code Section 530.5 defines what constitutes criminal identity theft. The code section reads as follows: 530.5. (a) Every person who willfully obtains personal identifying information, as defined in subdivision (b) of Section 530.55, ... |
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| Continue reading "Identity Theft" » |
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| November 06, 2009 |
| Offenses Involving Firearms |
| Posted By Richard Sudar |
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| Criminal offenses involving firearms are very much in the news with the shooting / massacre at Fort Hood yesterday and the one by a disgruntled former employee in an office building in Florida today. These types of matters not only are shocking but ... |
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| Continue reading "Offenses Involving Firearms" » |
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| November 05, 2009 |
| The Intersection of Psychiatry and the Law |
| Posted By Richard Sudar |
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| If you read the news or watch enough television, you would think that a good percentage of criminal defendants (or their lawyers) claim insanity as their defense. The actual number who do, however, is fairly low. To be considered "insane" under the ... |
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| Continue reading "The Intersection of Psychiatry and the Law" » |
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| November 04, 2009 |
| Arson |
| Posted By Richard Sudar |
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| Whenever there is a major wildfire, such as the Station fire in the foothills of the San Gabriel Valley, everyone speculates as to whether the cause is natural or whether it was intentionally or accidentally set. Invariably, the term "arson" is ... |
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| Continue reading "Arson" » |
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| November 03, 2009 |
| Road Rage, Assault with a Deadly Weapon, and Mayhem |
| Posted By Richard Sudar |
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| A Los Angeles jury has just convicted a prominent ER doctor on several serious charges related to a road rage incident in which the doctor slammed on his brakes in front of two bicyclists. The jury found that he used his car as a deadly weapon and, ... |
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| Continue reading "Road Rage, Assault with a Deadly Weapon, and Mayhem" » |
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| November 02, 2009 |
| Criminal Defense in Orange County, Riverside County, San Bernardino County, and Ventura County |
| Posted By Richard Sudar |
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| As a criminal defense attorney based in Los Angeles, I have handled well over a thousand criminal cases throughout Southern California . I often am asked about my familiarity with other courthouses outside of Los Angeles County. The simple answer is ... |
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| Continue reading "Criminal Defense in Orange County, Riverside County, San Bernardino County, and Ventura County" » |
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| November 01, 2009 |
| Drugs -- Manufacturing, Distribution, and Your Best Defense |
| Posted By Richard Sudar |
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| Anna Nicole Smith was again in the news this past week as a judge in Los Angeles County ordered her former boyfriend and two doctors to stand trial on various drug related offenses. Their crimes, in essence, allegedly feeding and fueling her ... |
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| Continue reading "Drugs -- Manufacturing, Distribution, and Your Best Defense" » |
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| October 30, 2009 |
| Hit and Run |
| Posted By Richard Sudar |
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| California Vehicle Code Section 20002 defines what constitutes a " hit and run ." Basically, it is a misdemeanor to leave the scene of an accident involving property damage to a third party, without first providing the other party with certain ... |
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| Continue reading "Hit and Run" » |
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| October 29, 2009 |
| Insurance Fraud and Welfare Fraud |
| Posted By Richard Sudar |
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| Insurance fraud and welfare fraud can be charged if the government believes that an individual is attempting to, or has attempted to, illegally obtained insurance benefits from from either Automobile Insurance, Workers' Compensation, or Welfare. ... |
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| Continue reading "Insurance Fraud and Welfare Fraud" » |
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| October 28, 2009 |
| Should a Baseball Fanatic in Philadelphia be Prosecuted for Prostitution? |
| Posted By Richard Sudar |
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| In a case that has been dubbed "sex for tix", a suburban Philadelphia woman, Susan Finkelstein, has been charged with Promoting Prostitution . Her crime? Allegedly offering sex in exchange for a pair of World Series tickets. According to her lawyer, ... |
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| Continue reading "Should a Baseball Fanatic in Philadelphia be Prosecuted for Prostitution?" » |
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| October 28, 2009 |
| Probation Violations and Parole Violations |
| Posted By Richard Sudar |
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| An individual may be placed on probation as a result of a felony or misdemeanor conviction. Probation may be imposed in cases where the sentence imposed includes one year or less in the county jail. Probation may be formal -- in felony matters, ... |
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| Continue reading "Probation Violations and Parole Violations" » |
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| October 28, 2009 |
| Kidnapping, Carjacking, and False Imprisonment |
| Posted By Richard Sudar |
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| The crime of kinapping can be defined generally as unlawfully seizing and carrying away a person by force or fraud, or seizing and detaining a person against his or her will with an intent to carry that person away at a later time . The carying, the ... |
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| Continue reading "Kidnapping, Carjacking, and False Imprisonment" » |
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| October 27, 2009 |
| Restraining Orders |
| Posted By Richard Sudar |
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| Unfortunately, many good people find themselves in situations where they are subjected to a retraining order. It seems, these days, that courts issue these orders without much proof; one person's word taken at face value. The important thing to know ... |
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| Continue reading "Restraining Orders" » |
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| October 26, 2009 |
| Protecting Rights and Freedoms (Because not All Abuse is Caught on Video) |
| Posted By Richard Sudar |
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| People ask me all the time why I became a criminal defense attorney . The answer really is quite simple -- to protect the rights of the accused and stand up for those who feel voiceless and abused. Recently, four San Jose police officers were placed ... |
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| Continue reading "Protecting Rights and Freedoms (Because not All Abuse is Caught on Video)" » |
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| October 25, 2009 |
| Criminal Threats / Terrorist Threats |
| Posted By Richard Sudar |
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| What used to be called Terrorist Threats appropriately has been renamed Criminal Threats . It used to be that the charge invoked images of terrorist attacks, bombings, etc. That was never the case. Penal Code Section 422 defines a criminal threat as ... |
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| Continue reading "Criminal Threats / Terrorist Threats" » |
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| October 23, 2009 |
| The D.M.V. -- What You Need to Know |
| Posted By Richard Sudar |
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| Questions about the D.M.V. most commonly are asked in regards to an arrest for Driving Under the Influence (D.U.I.) . However, the Department of Motor Vehicles has broad discretion in determining whether or not any particular individual can drive. ... |
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| Continue reading "The D.M.V. -- What You Need to Know" » |
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| October 23, 2009 |
| What You Need to Know About Expungements and Early Termination of Probation |
| Posted By Richard Sudar |
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| I was recently asked to file for an expungement because someone's criminal record was preventing them from becoming a foster parent. Unfortunately, that individual was still on probation and courts will not grant an expungement in a if that ... |
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| Continue reading "What You Need to Know About Expungements and Early Termination of Probation" » |
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| October 22, 2009 |
| The Intersection of Criminal and Immigration Law |
| Posted By Richard Sudar |
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| Since 09/11/01, the federal government has become increasingly stricter on issues relating to immigration and naturalization. Requirements have increased dramatically for those trying to obtain a "green card" to individuals applying for citizenship. ... |
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| Continue reading "The Intersection of Criminal and Immigration Law " » |
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| October 21, 2009 |
| Is the Death Penalty Simply Too Expensive? |
| Posted By Richard Sudar |
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| Should the death penalty be put to death? That question undoubtedly evokes very strong emotion from all sides of the debate. But apart from any moral / ethical arguments, a recent study found that the death penalty costs states hundreds of millions ... |
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| Continue reading "Is the Death Penalty Simply Too Expensive?" » |
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| October 20, 2009 |
| Is Incarceration for Marijuana and Other Drug Offenses Cruel and Unusual Punishment? |
| Posted By Richard Sudar |
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| Yesterday, the federal government enacted a new policy as relating to the prosecution of certain cases involving marijuana. According to The Associated Press, federal drug agents won't pursue pot-smoking patients or their sanctioned suppliers in ... |
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| Continue reading "Is Incarceration for Marijuana and Other Drug Offenses Cruel and Unusual Punishment?" » |
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| October 18, 2009 |
| Should the Balloon Boy's Parents be Criminally Charged and Prosecuted? |
| Posted By Richard Sudar |
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| Much of the nation was riveted last week at the site of a home-made hot air balloon traveling rapidly (approximately 25 m.p.h.) across the Colorado sky in Larimer County. The reason for all of the attention was the belief that 6 year old Falcon Henne ... |
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| Continue reading "Should the Balloon Boy's Parents be Criminally Charged and Prosecuted?" » |
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| October 16, 2009 |
| Assault and Battery |
| Posted By Richard Sudar |
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| While many people believe them to be one and the same, the crimes of assault and battery are very distinct crimes. Battery, California Penal Code Section 242, et. seq. is a "general intent crime." What that means is that the intent of the perpetrator ... |
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| Continue reading "Assault and Battery" » |
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| October 14, 2009 |
| Juvenile Offenses (A tribute to John Wooden on his 99th Birthday) |
| Posted By Richard Sudar |
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| Today is John Wooden's 99th birthday. As he did when he coached the UCLA Bruin basketball team, the legendary basketball coach continues to preach and teach many life lessons. Those of us who are parents try to instill the same virtues, the same ... |
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| Continue reading "Juvenile Offenses (A tribute to John Wooden on his 99th Birthday)" » |
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| October 13, 2009 |
| Criminal Law -- The Process |
| Posted By Richard Sudar |
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| When someone comes into one of my offices, they generally need help, and need help quickly. Most people are scared, do not understand charges they or someone they know are facing, and do not know what to expect next. As a criminal defense lawyer, my ... |
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| Continue reading "Criminal Law -- The Process" » |
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