The California Supreme Court decided to uphold sex offender registration for a simple misdemeanor assault conviction where the jury acquitted the defendant of the greater felony charge alleging a lewd act on a child under the age of 14, pursuant to Penal Code section 288.
When a driver is arrested, his or her car is often towed and stored by police under the “community caretaking” exception to the Fourth Amendment. As part of the impound procedure, police are permitted to conduct an inventory search of the vehicle. The Fourth Amendment protects us from unreasonable search “Court Excludes Evidence When Police Misuse Community Caretaking Exception to Search a Car”
California Penal Code Section 211 essentially defines robbery as the taking of property from a person by “force or fear.” It’s the element of force or fear that separates a robbery charge from a less serious theft charge. In People v. Hodges 213 Cal.App.4th 531 (2013), the California Court of “Force Used to Escape After Property Abandoned Does Not Constitute Robbery”
California’s Court of Appeals for the Fourth District reversed the true finding (conviction) of a juvenile for the possession of a switchblade knife after more accurately interpreting the penal code. California Penal Section 17235 (formerly § 653k) prohibits the possession of a switchblade knife, which it defines as “a knife “Switchblade Conviction Reversed”
California Penal Code Section 12022.6 provides for an additional term of incarceration when the government can prove a defendant took, damaged, or destroyed any property during the commission, or attempted commission of a felony, if the value of the property damage is over a specified amount. For a loss over “Prosecution Cannot Use Lost Profits in Applying Property Damage Enhancement”
According to the California Court of Appeals for the Fourth District, when a felony conviction is reduced to a misdemeanor and dismissed, it will still be considered a felony for enhancement purposes should the defendant suffer a future conviction. California Penal Code Section 17(b)(3) permits the court to convert a “When Is a Misdemeanor Treated As a Felony?”
Can the police search your personal belongings pursuant to someone else’s probation or parole search terms? According to the California Court of Appeals for the Second District, sometimes the answer is yes.
The California Supreme Court has settled a split between two appellate court districts regarding the tolling provision relating to court-imposed probation. California Penal Code § 1203.2(a) states in relevant part that, at any time during the period of probation, a defendant’s probation status may be revoked, and he may be “Court Cannot Violate Probationer for Conduct Occurring After Original Period of Probation Has Elapsed”
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 “Court Dismisses Drug Charges: Detained for Resembling the Suspect in Another Case”
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 “Communication Between Parolee and his Parole Ordered Psychotherapist are Protected by Privilege”