Communication Between Parolee and his Parole Ordered Psychotherapist are Protected by Privilege

Protected File

According to the California Evidence Code, confidential communications between a patient and psychotherapist are protected by privilege.  The privilege essentially provides that, with limited exceptions, a qualified person providing psychiatric treatment to a patient may not disclose any statements made by the patient during such treatment without the permission of …

Court Dismisses Drug Charges Against Defendant Who Was Detained for Resembling the Suspect in Another Case

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The California Court of Appeals for the Sixth District ordered drug and other charges dismissed against a San Jose suspect who was detained by police because he resembled the physical description of a sexual assault suspect. In November of 2010, a sexual assault occurred at the light rail station in …

Defendant Not Guilty for Carrying Dirk or Dagger in his Backpack

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Just this week, the California Court of Appeals for the 2nd District reversed the conviction of a defendant who was arrested in a Los Angeles park for carrying a concealed dirk or dagger in his backpack.  The reversal allowed the defendant to avoid a 365 day term of incarceration and …

False Personation Not Committed for Faking Identity of Driver

Auto-Accident

In a recent decision, the California Court of Appeals for the 1st District reversed the conviction of a defendant on the charge of felony false personation (California Penal Code § 529) because the prosecution failed to prove the defendant committed an “additional act” while acting “in such assumed character.”  The …

The Trial Court Decides if There Will Be a Lesser Offense Instructions

Arrest

In a case recently decided by the California Supreme Court, a man accused of killing his son argued that he was entitled to a lesser-included offense jury instruction.  The California Supreme Court disagreed, finding that, except in capital murder cases, there is no absolute right to a lesser-included offense instruction.  …

Inmate Moved to Solitary Confinement for Possessing Drawings

Prison Cell

In order to maintain safety and order, prisons are permitted to categorize inmates and determine which housing units they live in.  Housing units can range in severity from general population to a security housing unit (“SHU.”)  In general population, there are more freedoms and fewer regulations.  The inmates are permitted …

Parole Board Admonished for Arbitrarily Denying Parole

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When an inmate becomes eligible for parole, they go before a parole board for a suitability hearing.  The parole board’s job at that hearing is to determine whether that inmate is suitable for parole, meaning he is no longer considered to be dangerous or a threat to public safety.  The …

Operators of Private Foster Home Misappropriate Public Funds

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In order to be convicted of misappropriating public funds, the prosecution must prove that a person was charged with receipt, safekeeping, transfer, or disbursement of public monies, and then appropriated the funds for his own personal use.  Money is public money depending on the official character in which the money …

Large Marijuana Collectives Protected from Prosecution

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In 1996, voters passed the Compassionate Use Act (CUA) to ensure that seriously ill Californians were able to obtain and use marijuana for medical purposes, and to ensure that patients and caregivers were not going to be criminally prosecuted for using marijuana.  The Legislature then enacted the Medical Marijuana Program …

Malpractice for not Advising Client of Possible 25-Year Sentence

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The Sixth Amendment guarantees a person accused of a crime the right to a fair trial, this includes the right to effective assistance of counsel at trial.  Earlier this year, the United States Supreme Court held that the right to effective assistance of counsel applies to any critical stage of …