Articles by Topic or Issue (Restitution Continued - Sex Offenses)
Restitution Continued
May a Judge Order Additional Restitution If Defendant Violates Probation?
- Restitution – What Things Are Allowed in a Criminal Case?
- Is Comparative Negligence Considered in Setting Restitution?
- Do Arbuckle Rights Apply to a Juvenile Restitution Hearing?
- Restitution Award Improper for Damaged Truck under PC 1202.4
- Without Proof of Causation of Injury, Is Restitution Proper?
- Restitution for Pain and Suffering Allowed If PC § 288
- Restitution: Is Some Factual Nexus to Conduct Enough?
- Restitution to Parents of Children Who Are Sexually Abused?
Restraining Orders / Protective Orders
What Punishment Do I Face for Violating a Restraining Order?
Civil Restraining Order and Criminal Domestic Violence Case?
- Can a Criminal Protective Order Cover Non-Victims?
- What Standard Applies to Renew a Restraining Order?
Seal & Destroy / Petition for Factual Innocence
- How Does an Adult Have a Court File Sealed & Destroyed?
- Petition for Factual Innocence – Must One Wait to File?
- How to Seal an Arrest Record under Penal Code § 851.87
- What Is Supposed to Happen If an Order to Seal Is Granted?
- May a Judge Grant an 851.8 Petition After a Conviction?
- Juvenile Court Improperly Denies Motion to Seal.
May a Sentence Enhancement Be Applied Twice for Same Day Act
May Court Impose $2,450 Fine If Plea Bargain Silent on This?
Can One Agree to a Plea Bargain Waiving Future Good Time Credits?
- Can a Judge Order Curfew for an Adult on DUI Probation?
- What Is Fire Camp? Who’s Eligible? What Are the Benefits?
- Do Excess Custody Credits Reduce Community Supervision Time?
- What Are Nonviolent Offenses under Proposition 57?
- What’s the Difference Between a No Contest and Guilty Plea?
- Is Alcoholics Anonymous Objectionable on Religious Grounds?
- Six Motions to Consider in Sentencing of a Criminal Case
- Are You Required to Give a DNA Sample in Orange County?
- What’s a Tahl Waiver for a Plea Bargain & Why Is It So Long?
- Are Consecutive 10-Year Gang Sentencing Enhancements Error?
- Can a Judge Impose a GBI Enhancement and VC 23558 Also?
- What Are the Warnings a Judge Says When Taking a Plea?
- What Is the Consumer Arrest Equity Act, SB 393?
- Does SB620 Have Retroactive Effect to Lower Prior Sentences?
- What Is a Joint Suspended and Should I Accept This?
- What Is the Five Year Prior Serious Felony Enhancement?
- Prop 57 Resentencing: Who Has Authority to Implement It?
- What Are Penalties and Assessments? How Much Are They?
- What Is Mental Disorder Diversion (Penal Code 1001.36)?
- Is PC 1001.36 (Mental Disorder Diversion) Retroactive?
- Is SB1393 Retroactive to Allow Resentencing, Less Time?
- Serving Time in Custody Now Credited at $125 Per Day
- How Does Prop 47 Affect PC 667.5(b) Sentence Enhancements?
- If One Seeks SB 1437 Relief, File an 1170.95 Petition
- Criminal Court Fines Can Be Based on Ability to Pay?
- What Is a Franklin Hearing? What Is It For?
- State Can’t Impose Excessive Fines, Says U.S. Supreme Court
- Counsel Allowed to Argue About Striking Firearm Enhancement
- Is a Waiver of the Right to Appeal in a Plea Enforceable?
- Senate Bill 180 Is Not Retroactive to Lower Prior Sentences
- Can I Seek Resentencing under SB 620 at Any Time?
- Does SB 620 (New PC 12022.53) Apply to Insanity Defendants?
- What Are Mitigating Factors for Sentencing? Examples?
- What Are Aggravating Factors in Sentencing? Examples?
- What Are the Sentencing Options in a Misdemeanor Case?
- What Happens After One Is Sentenced to Prison?
- What Crimes Are Strikes under the Three Strikes Law?
- Does SB 1393 Apply Retroactively for 5 Year Enhancements?
- When Are Sentences on Multiple Convictions Concurrent?
- What’s the Habitual Sex Offender Sentence Enhancement?
- What Are Some Examples of Conduct Sentence Enhancements?
- What’re the Most Common Direct Consequences of a Conviction?
- What Is the P.A.T.H. Diversion Class? What Happens?
- What Is a Cruz Waiver for Sentencing at a Later Date?
- When Can the Prosecutor Refuse to Plea Bargain a Sentence?
- Effective Strategies for Successful Plea Bargaining
- Why Is a Factual Basis for a Plea Important?
- Is a Certificate of Probable Cause Required for SB1393?
- What Is Cognitive Development Disability Diversion?
- Can Mental Health Diversion Be Sought After Sentencing?
- A Lenient View of Mental Health Diversion
- AB109, Realignment, Felony Imprisonment in County Jail
- If Judgment Isn’t Final Is Mental Health Diversion OK?
- Before Imposing Fines and Fees, What Must Judge Do?
- How Long of a Sentence Violates the 8th Amendment?
- Duenas Challenge to Fines Is Eighth Amendment Issue?
- What Is an Application for Commutation of a Sentence?
- Federal Armed Career Criminal Act & Out-of-State Convictions
- Can a Judge Act under SB 1393 if Case Plea Bargained?
- LWOP or Death Penalty OK If Defendant Knows Guns Involved?
- What is the Difference Between a Guilty and No Contest Plea?
- Can Defendant’s Inability to Pay Bar Restitution Order?
- SB 136, Abolishing One-Year Prison Prior Enhancement?
- PC 1170.95 Resentencing (SB 1437) – 3 Requirements.
- People v. Duenas Overruled by Sixth Appellate District.
- Duenas’ Reach Limited by Sixth Appellate District.
- Federal Armed Career Criminal Act Serious Drug Offense.
- Is it Enough to Object that Sentence Greater Than Necessary?
- Does SB 1437 Apply to Voluntary Manslaughter if a Plea?
- How Does an SB 1437 Hearing Proceed? What Happens?
- SB 1437 Precursor – Habeas Writ Under Banks & Clark?
- Trial Court Judge Can Decide if Parole or PRCS Proper.
- SB 1437 Petition Denial Reversed by Appellate Court.
- Untimely Habeas Petition Due to Mental Impairment?
- Federal Armed Career Criminal Act – PC 273.5 Qualify?
- Equitable Tolling Denied for Filing Late Habeas Appeal.
- What’s the Minimum Eligible Parole Date, How Reduced?
- Commutation of a Sentence, Who’s Eligible, How to Do?
- A Pardon in California - Why Apply, When, Limits?
- A Presidential Pardon – Why Apply, When, Limits?
- SB 1437 - Jury’s Pre-Banks / Clark Findings Reliable?
- Under SB 1437, When Must Judge Appoint Free Counsel?
Child Sex Offenses
What Is Annoying or Molesting a Child under 18 (PC § 647.6)?
What Is Meeting a Child for Lewd Purposes (Penal Code § 288.4)?
Lifetime Sex Offender Registration for Child Porn Possession
Restitution Award of $3.4 Million Vacated in Child Porn Case
- Child Pornography Evidence Suppressed When Search Overbroad
- Human Trafficking of Minor for Commercial Sex, PC 236.1
(Sex Offense Articles Continued on Next Page)
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