A man from Alabama who received a life sentence after stealing $50 from a bakery is scheduled to be released from prison after his case caught the attention of a judge. 58-year-old Alvin Kennard has been incarcerated for the past 36 years due to a conviction for first-degree robbery when…
Articles Posted in Legislation
Getting Therapist Records in a Child Sexual Abuse Allegation
It is common for children to be placed in therapy when sexual abuse is either suspected or alleged. In fact, police departments, social workers and child abuse investigators will frequently refer cases to child therapists that they believe will assist with disclosure or treatment of sexual abuse. It is critical…
Sweeping Reform to Affect Californians with Theft or Drug Convictions
Californians have just enacted the biggest change to the criminal justice system in a generation. Voters have approved Proposition 47, which will reduce most drug and many theft crimes from felonies to mere misdemeanors. This will reduce or eliminate thousands of jail sentences across the state. Anyone who is currently…
Supreme Court Rules That Cell Phones Cannot Be Searched Without a Warrant
In a landmark decision by the United States Supreme Court, the justices unanimously ruled that police will now require a warrant to search a person’s cell phone. Up until now, courts have routinely allowed the data contained on cell phones as evidence in a criminal proceeding on the basis that…
Laguna Hills Repeals Ban on Sex Offenders in Parks
In 2011, Laguna Hills became the 7th city in the county to pass a law banning sex offenders from city parks and private parks run by homeowners associations. This went a step further than the existing Orange County ban on sex offenders from parks, beaches, and harbors. The DA was…
Coming Soon: Dangerous Dog Registry?
Orange County may soon create a registry-style website for dangerous dogs. If the measure is approved by the Orange County board of supervisors there would be a few new definitions for “dangerous” or vicious” in regards to your pet. What are the ripple effects? You can expect higher home insurance premiums…
DUI After Just One Drink?
More than one drink may soon be too much and could lead to a DUI arrest. As many know, the legal driving limit in California is a blood alcohol concentration (BAC) of less than 0.08%. This level was drastically lowered from 0.15% in the 1980s and may now be lowered…
Flipping Off Police Officers is Constitutional
Let’s face it: If you don’t want to get pulled over by a police officer, you shouldn’t give him the finger as you’re driving by. But in case you do, he’s no longer allowed to pull you over and arrest you for that reason alone. John Swartz was pulled over…
Jail Inmates May Have To Pay For Medical Visits
The number of inmates in Orange County jails has increased in recent years, and so has the average length of time that these inmates remain incarcerated. This has resulted in a larger number of inmates requesting medical attention in recent years. The types of medical care authorities must provide to…
Deferred Entry of Judgment for Minors Not Always a Sweet Deal
In a recent juvenile delinquency case, a minor stole a car and damaged it beyond repair, rendering it a total loss for insurance purposes. After admitting to the crime, the juvenile court granted Deferred Entry of Judgment (DEJ), meaning that the case would be dismissed provided the minor complete the…