Archive for the "Legal" Category

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Toronto Injury Lawyers – Guidelines to Appoint the Right Accident Lawyer

You\’ve probably met with an accident or a work-related injury, currently and for that reason; you are scouring online to have more knowledge of personal injury and injury lawyers. The biggest dilemma is, often the strategy of hiring a lawyer is stressful and complicated one so much so that when you could, you would indeed […]

In Counterfeit DVD and CD Case, Victim Cannot Recover Future Economic Losses.

When a person owns a copyright and finds out that another person has been selling items governed by the copyright without approval, that person is understandably outraged. The intellectual property that is represented by the copyright has been stolen and sold, enriching the thief. It is easy to calculate the loss to the copyright owner […]

Defendant’s Sixth Amendment Right to Cross-Examination Not Violated When Confidential Informant Testifies Wearing a Wig and Sunglasses

The Sixth Amendment of the U.S. Constitution grants a criminal defendant the right “to be confronted with the witnesses against him.” This right includes the right to physically face those who testify against him or her to ensure the witness gives his statement in front of a jury. The jury may then evaluate the witness’ […]

Sex Crime Defendant Has Right at Trial to Present Evidence of Alleged Victim’s Prior False Sexual Assault Claims

It is often true in sex crime cases that “the person on trial is often not defendant, but the victim.” This can have the effect of discouraging a victim from coming forward to report a crime. Prosecutors and judges are sensitive to this reality and will attempt to keep the focus of the prosecution and […]

Conviction Upheld For Possession of an Assault Weapon Although AK-47 Disassembled

The Robert-Roos Assault Weapons Control Act of 1989 punishes persons who manufacture or possess an assault weapon, including a semiautomatic rifle. The statute, at Penal Code

DUI Double Jeopardy: Is Military NJP (Non-Judicial Punishment) a Criminal Prosecution, Thus Barring Further Civilian Prosecution?

In October, 2009, Robert Reveles was arrested for driving under the influence while on the Kitsay Naval Base in Bremerton, Washington. He was subsequently charged with a violation of Article 111 of the Uniform Code of Military Justice (UCMJ). At Reveles’ UCMJ hearing, Reveles was found guilty of violating Article 111 and sentenced to a […]

Conviction Overturned For Felon in Possession of Firearm – Constructive Possession Not Proven

It is a sad reality that those who are felons often live in rough neighborhoods. While they may be convicted felons, they still have needs such as safety. One can sympathize if such folks feel a handgun provides them such safety, or at least peace of mind. On the other hand, our legislature has recognized […]

When an Arrestee is Detained, It is Unconstitutional to Search a Car Without a Warrant

Under most circumstances of an arrest, police are able to validly search a vehicle because the vehicle is considered an area within the arrestee’s immediate control. Officer safety and evidence preservation are implicated in such situations. Such a search is usually limited to the passenger compartment. This was a broadly interpreted power until 2009, when […]

Conviction For Violating Penal Code Section 288(a) Overturned

In 2010, Lee Cottone was convicted in Orange County of four counts of committing a lewd act upon a child under the age of fourteen (California Penal Code

Cocaine Courier’s 57 Month Federal Sentence Not Reduced Because a Large Quantity Was Seized

Under Federal sentencing guidelines, a drug courier is often eligible for a sentencing reduction due to his or her minor role and limited involvement. The courier may not be aware of even the type of drug transported, the sender’s name or the actual recipient of the delivery. It is rare, however, for the courier to […]