Tag: Criminal

New Law Would Eliminate Bail

On August 28th of last year, Governor Jerry Brown signed SB10, better known as the bail reform bill, into law. Originally scheduled to go into effect in October 2019, the new law promises to transform conditions of pretrial release and is already being used in test programs in several counties. For example, Napa County has a similar system in place and has reported a lower rate of recidivism. Under current law, those facing misdemeanor charges are usually released on their own recognizance and...

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Leave Granny Alone!

Once a person asked  me why I work at a law library.  As he put it, “It must be the most boring place in the world!”  Turns out, it is the most dichotomous career I know of which makes being a Law Librarian a vibrant, interesting and most rewarding gig in existence because you never know what’s going to happen next.  For instance,  the other day as I was working the reference desk, a young lady came into our law library in seeking assistance to avoid jail having been charged...

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Law Library Finds

While looking for a book in the library, I came across a book that caught my eye: Attacking and Defending Drunk Driving Tests. Certainly not an upbeat topic, but this book makes it an interesting one. Even though my first skim was only a few minutes long, I learned quite a bit. I had always been of the mind that being charged with drunk driving pretty much meant you were guilty. After all, a breathalyzer or blood test would give a concrete answer and how can you argue against science? Turns out,...

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We’ll be known as “The Helpful Store”, “The Friendly Store”, “The Store with a Heart”

“We’ll be known as “The Helpful Store”, “The Friendly Store”, “The Store with a Heart.”  This quote is from the classic holiday movie, Miracle on 34th Street”.  (the 1947 version)  For those who have seen this movie, please bear with me while I give a quick synopsis to those less fortunate.  Basically, the movie is about a kindly older man who “plays” Santa at Macy’s Department Store. (What led up to this is hysterical!) He truly believes he is the actual Santa Claus.  The movie takes...

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Proposition 47 Becomes a Reality

Utilizing the initiative process, by obtaining the necessary number of registered voters signatures, the citizens of California enacted Proposition 47 by a vote of 58.5 to 41.5 percent signaling the intent on the part of California voters to allow for reclassification and resentencing of certain classes of criminal offenders.  Proposition 47 follows on the heels of the Supreme Court’s 2011 decision in Brown v. Plata, “Proposition 47 is one of  handful of legislative efforts to reform the...

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Don’t Do It

Love my job, I do.  What I don’t like all that much is seeing materials walk out the library.  Well, I mean, it doesn’t just sprout legs, get up, and walk out the front door of it’s own volition – it/they need a little help.  Let me explain. The other day as I was doing my Librarian mambo, a lawyer-type person came up to me for assistance.  Seems he had a client who was being sued for fraud. Knowing that Fraud needs to be plead with “particularity,” lawyer-type...

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The Devil’s in the Details

Have you ever walked into a room and forgot what it was you were going to do?  Maybe your mom asked you to go to the store for some butter and you bring back a bag of chips and a six-pack.  Maybe your wife “asks” you to fix the toilet and you wind up watching the final four.  Hey – it’s a brain fart; you forgot.  It’s an honest mistake.  You didn’t mean to forget – it just happened.  No blood, no foul, right? Well, sometimes not.  See, back in 2011, a...

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When is the 4th Amendment not the 4th Amendment

Have you ever been mistaken for being someone else?  Maybe you look like a famous celebrity and everyone stops you on the street.  For a long time, I have been mistaken for being Rick O’Cassic (lead singer for the 80’s band The Cars).  Sure, it’s all fun and games and I was able to get a little mileage out of it – but I was never incarcerated because I looked like someone else – like poor Santiago Ibarra Rivera.  Who is Santiago Ibarra Rivera, you ask?  Well, let...

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New California Laws for 2014

Have you ever had that sneaky suspicion that someone was out to get you?  Maybe you think you saw someone duck behind a tree when you turned around?  Maybe your crazy neighbor across the street with the tin foil hat knows something you don’t?  Well, as it turns out, there is someone out there with fingers in everything you do – your friendly neighborhood California Legislature.  Yep, the California Legislature was working hard all last year to create a new batch of laws for 2014 covering...

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