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Articles by Topic or Issue (Restitution Continued - Sex Offenses)

Restitution Continued

  1. What Is a Harvey Waiver and How Does It Affect Restitution?

  2. May a Judge Order Additional Restitution If Defendant Violates Probation?

  3. Restitution in Graffiti Case - $18,878 for 32 Incidents?

  4. Restitution Proper in Sex Offense Case for Mental Suffering

  5. Restitution – What Things Are Allowed in a Criminal Case?
  6. Is Comparative Negligence Considered in Setting Restitution?
  7. Do Arbuckle Rights Apply to a Juvenile Restitution Hearing?
  8. Restitution Award Improper for Damaged Truck under PC 1202.4
  9. Without Proof of Causation of Injury, Is Restitution Proper?
  10. Restitution for Pain and Suffering Allowed If PC § 288
  11. Restitution: Is Some Factual Nexus to Conduct Enough?
  12. Restitution to Parents of Children Who Are Sexually Abused?

Restraining Orders / Protective Orders

  1. What Punishment Do I Face for Violating a Restraining Order?

  2. Protective Order OK If It Bars Contact with Non-Victims?

  3. Civil Restraining Order and Criminal Domestic Violence Case?

  4. Ten Year Restraining Order Proper for Female Stalker?

  5. Can a Criminal Protective Order Cover Non-Victims?
  6. What Standard Applies to Renew a Restraining Order?

Seal & Destroy / Petition for Factual Innocence

  1. When and How Do I Seal and Destroy My Arrest Record?

  2. Eligibility for Sealing and Destroying a Juvenile Record?

  3. Petition for Factual Innocence (PFI) Under PC 851.8 Denied

  4. Must Fingerprint Records Be Destroyed If Court Grants PFI?

  5. How Does an Adult Have a Court File Sealed & Destroyed?
  6. Petition for Factual Innocence – Must One Wait to File?
  7. How to Seal an Arrest Record under Penal Code § 851.87
  8. What Is Supposed to Happen If an Order to Seal Is Granted?
  9. May a Judge Grant an 851.8 Petition After a Conviction?
  10. Juvenile Court Improperly Denies Motion to Seal.
  11. Can One Request Sealing After Prop 36 Dismissal?  No.

Sentencing / Plea

  1. What Are Community Service, Community Labor and Cal-Trans?

  2. What Factors Determine How Much Time I Will Serve?

  3. Electronic Home Monitoring - How Do I Request This?

  4. How Much Custody Credit Do I Get? What Factors Matter?

  5. Do Presentence Custody Credits Apply to Time at Patton?

  6. What Is Split Sentencing in a Plea Bargain or As Sentence?

  7. May a Sentence Enhancement Be Applied Twice for Same Day Act

  8. Can Prop 47 Alter a Negotiated Plea Bargain?

  9. Prop 47 Relief Does Not Guarantee a Shorter Sentence

  10. What's a Criminal Street Gang for a Sentencing Enhancement?

  11. Sentencing Alternatives for Military Veterans (PC § 1170.9)

  12. Can I Withdraw My Plea Based on Bad Advice from My Lawyer?

  13. If a Prosecutor Overlooks Facts, Is a Plea Bargain Invalid?

  14. What Is a Plea Subject to or Pursuant to People v. West?

  15. Plea Withdraw If Not Warned of Adverse Immigration Risks

  16. Do Anti-Immigrant Comments by Judge Invalidate Sentence?

  17. Can One Be Exempt from Post-Release Community Supervision?

  18. Resentencing 3 Strike Sentence Has Documentary Challenges

  19. Indicated Sentence and Illegal Plea Bargaining by a Judge

  20. Sentence Set Aside When Federal Judge Makes Mistake

  21. Consecutive, Not Concurrent Sentences, Upheld in Sex Case

  22. Cruel and Unusual Punishment by 30 Years to Life Sentence

  23. 51 Month Sentence for Illegal Re-entry to U.S. Proper

  24. May Court Impose $2,450 Fine If Plea Bargain Silent on This?

  25. Can One Agree to a Plea Bargain Waiving Future Good Time Credits?

  26. Sentencing Enhancement for Gang Benefit in Norwalk Reversed

  27. Does Prop 47 Apply to Strike a Sentencing Enhancement?

  28. Can a Judge Order Curfew for an Adult on DUI Probation?
  29. What Is Fire Camp?  Who’s Eligible?  What Are the Benefits?
  30. Do Excess Custody Credits Reduce Community Supervision Time?
  31. What Are Nonviolent Offenses under Proposition 57?
  32. What’s the Difference Between a No Contest and Guilty Plea?
  33. Is Alcoholics Anonymous Objectionable on Religious Grounds?
  34. Six Motions to Consider in Sentencing of a Criminal Case
  35. Are You Required to Give a DNA Sample in Orange County?
  36. What’s a Tahl Waiver for a Plea Bargain & Why Is It So Long?
  37. Are Consecutive 10-Year Gang Sentencing Enhancements Error?
  38. Can a Judge Impose a GBI Enhancement and VC 23558 Also?
  39. What Are the Warnings a Judge Says When Taking a Plea?
  40. What Is the Consumer Arrest Equity Act, SB 393?
  41. Does SB620 Have Retroactive Effect to Lower Prior Sentences?
  42. What Is a Joint Suspended and Should I Accept This?
  43. What Is the Five Year Prior Serious Felony Enhancement?
  44. Prop 57 Resentencing: Who Has Authority to Implement It?
  45. What Are Penalties and Assessments?  How Much Are They?
  46. What Is Mental Disorder Diversion (Penal Code 1001.36)?
  47. Is PC 1001.36 (Mental Disorder Diversion) Retroactive?
  48. Is SB1393 Retroactive to Allow Resentencing, Less Time?
  49. Serving Time in Custody Now Credited at $125 Per Day
  50. How Does Prop 47 Affect PC 667.5(b) Sentence Enhancements?
  51. If One Seeks SB 1437 Relief, File an 1170.95 Petition
  52. Criminal Court Fines Can Be Based on Ability to Pay?
  53. What Is a Franklin Hearing?  What Is It For?
  54. State Can’t Impose Excessive Fines, Says U.S. Supreme Court
  55. Counsel Allowed to Argue About Striking Firearm Enhancement
  56. Is a Waiver of the Right to Appeal in a Plea Enforceable?
  57. Senate Bill 180 Is Not Retroactive to Lower Prior Sentences
  58. Can I Seek Resentencing under SB 620 at Any Time?
  59. Does SB 620 (New PC 12022.53) Apply to Insanity Defendants?
  60. What Are Mitigating Factors for Sentencing?  Examples?
  61. What Are Aggravating Factors in Sentencing?  Examples?
  62. What Are the Sentencing Options in a Misdemeanor Case?
  63. What Happens After One Is Sentenced to Prison?
  64. What Crimes Are Strikes under the Three Strikes Law?
  65. Does SB 1393 Apply Retroactively for 5 Year Enhancements?
  66. When Are Sentences on Multiple Convictions Concurrent?
  67. What’s the Habitual Sex Offender Sentence Enhancement?
  68. What Are Some Examples of Conduct Sentence Enhancements?
  69. What’re the Most Common Direct Consequences of a Conviction?
  70. What Is the P.A.T.H. Diversion Class?  What Happens?
  71. What Is a Cruz Waiver for Sentencing at a Later Date?
  72. When Can the Prosecutor Refuse to Plea Bargain a Sentence?
  73. Effective Strategies for Successful Plea Bargaining
  74. Why Is a Factual Basis for a Plea Important?
  75. Is a Certificate of Probable Cause Required for SB1393?
  76. What Is Cognitive Development Disability Diversion?
  77. Can Mental Health Diversion Be Sought After Sentencing?
  78. A Lenient View of Mental Health Diversion
  79. AB109, Realignment, Felony Imprisonment in County Jail
  80. If Judgment Isn’t Final Is Mental Health Diversion OK?
  81. Before Imposing Fines and Fees, What Must Judge Do?
  82. How Long of a Sentence Violates the 8th Amendment?
  83. Duenas Challenge to Fines Is Eighth Amendment Issue?
  84. What Is an Application for Commutation of a Sentence?
  85. Federal Armed Career Criminal Act & Out-of-State Convictions
  86. Can a Judge Act under SB 1393 if Case Plea Bargained?
  87. LWOP or Death Penalty OK If Defendant Knows Guns Involved?
  88. What is the Difference Between a Guilty and No Contest Plea?
  89. Can Defendant’s Inability to Pay Bar Restitution Order?
  90. SB 136, Abolishing One-Year Prison Prior Enhancement?
  91. PC 1170.95 Resentencing (SB 1437) – 3 Requirements.
  92. People v. Duenas Overruled by Sixth Appellate District.
  93. Duenas’ Reach Limited by Sixth Appellate District.
  94. Federal Armed Career Criminal Act Serious Drug Offense.
  95. Is it Enough to Object that Sentence Greater Than Necessary?
  96. Does SB 1437 Apply to Voluntary Manslaughter if a Plea?
  97. How Does an SB 1437 Hearing Proceed?  What Happens?
  98. SB 1437 Precursor – Habeas Writ Under Banks & Clark?
  99. Trial Court Judge Can Decide if Parole or PRCS Proper.
  100. SB 1437 Petition Denial Reversed by Appellate Court.
  101. Untimely Habeas Petition Due to Mental Impairment?
  102. Federal Armed Career Criminal Act – PC 273.5 Qualify?
  103. Equitable Tolling Denied for Filing Late Habeas Appeal.
  104. What’s the Minimum Eligible Parole Date, How Reduced?
  105. Commutation of a Sentence, Who’s Eligible, How to Do?
  106. A Pardon in California - Why Apply, When, Limits?
  107. A Presidential Pardon – Why Apply, When, Limits?
  108. SB 1437 - Jury’s Pre-Banks / Clark Findings Reliable?
  109. Under SB 1437, When Must Judge Appoint Free Counsel?
  110. SB 1437: Unconstitutional by Amending PC §§ 188, 189?
  111. When is Prior Conviction Outside California a Strike?
  112. Court May Consider Facts Admitted as Basis of Prior Plea
  113. Under SB 1437, Resentence to the Underlying Felony?
  114. Romero Motion Improperly Granted for Prior Hate Crime
  115. California Supreme Court & Mental Health Diversion
  116. Under SB 1437, How Do Jury Instructions Apply?
  117. SB 1437 Petition Denied in Kidnapping & Robbery Case.
  118. SB 1437: Felony Murder Charges, Manslaughter Conviction?
  119. When’s a Certificate of Probable Cause Unnecessary?
  120. Did SB 1437 Unconstitutionally Amend Proposition 7?
  121. Banks and Clark Analysis in Unarmed Assault, Robbery
  122. SB 1393 – Certificate of Probable Cause Required?
  123. Rehabilitation or Punishment?  Senate Bill (SB) 1393 Appeal
  124. When are Consecutive, i.e. Not Concurrent, Sentences O.K.?
  125. To Appeal Special Circumstance Murder, File Habeas, Not 1437
  126. Does Penal Code 1170.91 Apply if Stipulated Sentence?
  127. Is There a Wende Right if Court Denies First Appeal?
  128. SB 1437: What’s a Major Participant, Reckless Indifference?
  129. Is Special Circumstance Finding Disqualifying for SB 1437?
  130. SB 1437 Denial Reversed When No Appointed Counsel on Case
  131. Under Wende, Appellate Court Duties after 1437 Denial?
  132. SB 1437 – When May Judge Consider Prelim Transcript?
  133. Does People v. Gallardo Apply to Reviewing Prior Convictions?

Sex Offenses

Child Sex Offenses

  1. What Is Annoying or Molesting a Child under 18 (PC § 647.6)?

  2. What Is Meeting a Child for Lewd Purposes (Penal Code § 288.4)?

  3. What Is Molestation of Child under 18 (Penal Code § 647.6)?

  4. Conviction Is Overturned for Lewd Acts upon a Child

  5. Conviction for PC § 288.3 If the Minor Is 2,000 Miles Away?

  6. Defenses to Possession of Child Pornography (PC § 311)?

  7. Lifetime Sex Offender Registration for Child Porn Possession

  8. Restitution Award of $3.4 Million Vacated in Child Porn Case

  9. Child Pornography Evidence Suppressed When Search Overbroad
  10. Human Trafficking of Minor for Commercial Sex, PC 236.1

(Sex Offense Articles Continued on Next Page)


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