Darren Kavinoky's Articles http://www.goinglegal.com en-us editorial@articlealley.com Roadblocks: What types of Roadblocks allowed? Roadblocks: What types of Roadblocks allowed? Roadblocks have been established to be "seizures" under the Fourth Amendment. The Fourth Amendment states that a person should be free from unreasonable searches and seizures of their person and their be... http://www.goinglegal.com/roadblocks-what-types-of-roadblocks-allowed-61344.html 08th June 2006 Sentencing Alternatives: Caltrans Freeway Cleanup Sentencing Alternatives: Caltrans Freeway Cleanup Instead of sitting in the county jail as the result of a DUI conviction, DUI offenders can be sentenced to work on a Caltrans Freeway Cleanup crew as a term of their probation. The number of hours requ... http://www.goinglegal.com/sentencing-alternatives-caltrans-freeway-cleanup-61340.html 08th June 2006 Alternative Sentencing: Community Service Alternative Sentencing: Community Service Where the court has the ability to sentence the DUI offender to a term of incarceration in the county jail, the court may choose to allow the defendant to serve the hours that would have been spent in county j... http://www.goinglegal.com/alternative-sentencing-community-service-61339.html 08th June 2006 Sentencing Alternatives: Ignition Interlock Devices Sentencing Alternatives: Ignition Interlock Devices When someone is convicted of a DUI, the court may require that a person convicted of a first offense violation of Section 23152 or 23153 to install a certified ignition interlock device on any ve... http://www.goinglegal.com/sentencing-alternatives-ignition-interlock-devices-61336.html 08th June 2006 Indecent Exposure Indecent Exposure California Penal Code Section 314 defines indecent exposure and the punishment. Section 314 reads in part: "Every person who willfully and lewdly, either: 1. Exposes his person, or the private parts thereof, in any public place, or... http://www.goinglegal.com/indecent-exposure-61332.html 08th June 2006 Lewd Act with a Child under 14 Lewd Act with a Child under 14A lewd or lascivious act is defines as any touching of the body of a child under the age of 14 years with the specific intent to arouse, appeal to, or gratify the sexual desires of either party. The touching can be against ba... http://www.goinglegal.com/lewd-act-with-a-child-under-14-61330.html 08th June 2006 Suppression Motions Suppression Motions Suppression motions are a valuable tool in a DUI case because when evidence can be excluded, the prosecutor's case is weakened. Suppression follows the rule of law that evidence secured by illegal means and in bad faith cannot be in... http://www.goinglegal.com/suppression-motions-61317.html 08th June 2006 Fraud Fraud Fraud is generally defined as the intentional use of deceit, a trick or some dishonest means to deprive another of his/her/its money, property or a legal right. Quite often there are several persons involved in a scheme to commit fraud and each a... http://www.goinglegal.com/fraud-61312.html 08th June 2006 Petty Theft, and Petty Theft with Prior Petty Theft, and Petty Theft with Prior Theft is the act of stealing goods. Petty theft involves stealing goods or services worth $400 or less and is charged as a misdemeanor for first time offenses. Where the value of goods stolen is less than $50, ... http://www.goinglegal.com/petty-theft-and-petty-theft-with-prior-61306.html 08th June 2006 Hit and Run: Property Damage Hit and Run: Property Damage Hit and run is generally defined as a criminal act. Where the collision is with property only, such as another vehicle with no occupants, the driver must leave information attached to the damaged property, as well as make... http://www.goinglegal.com/hit-and-run--property-damage-60757.html 07th June 2006 Plea Bargaining: Wet Reckless, Dry Reckless, Exhibition of Speed Plea Bargaining: How do the following differ from a DUI: Wet Reckless, Dry Reckless, Exhibition of Speed The prosecutor and defense counsel can agree to a lower charged offense, as a result of what is known as "plea bargaining." Plea bargaining us... http://www.goinglegal.com/plea-bargaining-wet-reckless-dry-reckless-exhibition-of-speed-60740.html 07th June 2006 Plea Bargains: What are the factors or special allegations that will increase a person's exposure to Plea Bargains: What are the factors or special allegations that will increase a person's exposure to jail time/harsher punishment in a misdemeanor case? There are a number of factors or special allegations that will increase a person's exposure to har... http://www.goinglegal.com/plea-bargains-what-are-the-factors-or-special-allegations-that-will-increase-a-persons-exposure-to-60719.html 07th June 2006 Jury Instructions Jury Instructions Jury instructions are the judge's directions to the jury before it begins deliberations regarding the factual questions it must answer and the legal rules that it must apply. Although the court has discretion to give instructions at... http://www.goinglegal.com/jury-instructions-60706.html 07th June 2006 Investigation of DUI Cases: HGN Investigation of DUI Cases: HGN Horizontal Gaze Nystagmus Horizontal Gaze Nystagmus (HGN) is an eye test. Nystagmus is defined as an involuntary jerking of the eyes as the eyes move from the center position off to the side. Alcohol and some drugs c... http://www.goinglegal.com/investigation-of-dui-cases-hgn-60691.html 07th June 2006 PAS Tests PAS Tests Preliminary Alcohol Screening devices, commonly referred to as PAS tests, are one of the types of field evidence police officers use in determining probable cause to make an arrest. Although officers don't often reveal this, a person stopped ... http://www.goinglegal.com/pas-tests-60630.html 07th June 2006 Forced Blood Draw Forced Blood Draw When a person has been lawfully arrested for a DUI, the Implied Consent provision of the California Vehicle Code mandates that they take a chemical test in order to determine their blood alcohol content (BAC). Although a person may re... http://www.goinglegal.com/forced-blood-draw-60613.html 07th June 2006 Blood Tests Blood Tests When a person is arrested for a DUI, that person must submit to a chemical test under the "Implied Consent" provision in the California Vehicle Code. Implied Consent, under Section 23612 states that if a person is lawfully arrested for a DU... http://www.goinglegal.com/blood-tests-60594.html 07th June 2006 Shooting From a Motor Vehicle Shooting From a Motor Vehicle Shooting a firearm from a motor vehicle, commonly known as a "drive-by" shooting, results in increased penalties. It is a felony punishable by an additional and consecutive term of imprisonment in the state prison for 5, 6... http://www.goinglegal.com/shooting-from-a-motor-vehicle-60557.html 07th June 2006 Misdemeanors vs. Felonies Misdemeanors vs. Felonies Most states break their crimes into two major groups, felonies and misdemeanors. The difference between the two types of crime is the punishment involved. Where a crime can be punished with a year of more of imprisonment in st... http://www.goinglegal.com/misdemeanors-vs-felonies-60543.html 07th June 2006 The Process in a Misdemeanor Case The Process in a Misdemeanor Case Arraignment The arraignment is the defendant's first court hearing after the arrest, booking, and initial bail phases of the criminal process have taken place. This is usually the first opportunity for the defendant t... http://www.goinglegal.com/the-process-in-a-misdemeanor-case-60541.html 07th June 2006