DV
273.5 (a)
Who qualifies as a vic? Your neighbor, your momma, your crazy ex?
Cohabitant
Mother/Father of your child
Current or past engaged or dating relationship
Within my own home and yet unable to go about my business as I please, this can't be true!
False Imprisonment
Per Se Rule. No impairment needed, just get to this level.
In California DUI law, the "per se" rule means you can be convicted or have your license suspended just for having a Blood Alcohol Concentration (BAC) of 0.08% or higher, regardless of whether you seemed impaired
"Deadly Weapon" - define it
Any object, instrument or weapon that is inherently deadly or used in such a way that is capable of causing death or great bodily injury
Not just anyone can issue a subpoena, you must be one of these cool people
1326 P.C.
- DA & their investigator
- PD & their investigator
- Clerk of the Court
This whole thing is so traumatic! Define it
Traumatic condition
wound, external injury or internal, whether of minor or serious nature caused by physical force
From the windows to the wall, from the kitchen to the sink, doesn't really matter, any movement using force or fear is this
Kidnapping
Under 21, no .08 BAC for you! It's this number you gotta watch out for.
Vehicle Code 23136 VC is California’s “zero tolerance” law for juvenile underage drivers. blood alcohol content (“BAC”) of .01% or greater.2
He was carrying the weapon in front of me in a rude, angry or threatening manner and definitely not in self-defense, said the neighbor. Client is charged with ...
417 - Brandishing a Firearm
This person must declare that the records are:
A true copy, prepared in the ordinary course of business at or near the time of the act
As per Evidence Code 1561
Custodian of Record
243(e)(1)- Simple Battery Against Spouse, Cohabitant or Fellow Parent
The slightest touching can be enough to commit a battery if it is done in a rude or angry way. Making contact with another person, including through his or her clothing, is enough. The touching does not have to cause pain or injury of any kind.
Deprive me of my personal property you say, doesn't matter how long, I was deprived of its enjoyment!
Theft 484
1. The defendant took possession of property owned by someone else;
2. The defendant took the property without the owner’s [or owner’s agent’s] consent;
3. When the defendant took the property (he/she) intended (to deprive the owner of it permanently/ [or] to remove it from the owner’s [or owner’s agent’s] possession for so extended a period of time that the owner would be deprived of a major portion of the value or enjoyment of the property);
AND
4. The defendant moved the property, even a small distance, and kept it for any period of time, however brief.
Blood or Breath with a BAC of .08 or higher within this many hours _____ of the traffic stop and the presumption is you were impaired at the time of driving
3 hour rule
The 3-Hour Rule in California DUI cases is a legal assumption that a blood or breath test accurately reflects a driver's blood alcohol content (BAC) at the time of driving, provided the test is conducted within three hours of being stopped.
Nerf guns don't count, but if they appear "substantially similar in color and overall appearance to a real firearm that a reasonable person would believe it is a real firearm" and therefore were in fear, you may face this charge
417.4 - Brandishing Imitation Firearm
Is there or isn't there enough evidence the attorney asked, we shall attempt to suppress it with this
1538 Motion - Evidence to Suppress Evidence
Motion that requests a judge exclude illegally obtained evidence (Ex: unreasonable search/seizure)
Additionally, based on the gravity of the injury we could be facing this three letter upgrade
GBI
Great Bodily Injury
Bro, you took my car without my consent... it was $1k!
10851 - Unlawful Taking of a vehicle
(must be over $950)
Stay safe ladies - general rule is this many drinks in an hour to get to .08
2-3 standard drinks (12 oz beer, 5 oz wine, 1.5 oz spirits)
Prior conviction of this charge and you must surrender your guns
Domestic Violence
Sitting in jail, serving a sentence and want to make sure you don't have other counties looking for you, demand them to check with this
PC 1381 - 1381 Demand
No arrests, but plenty of prior reports of uncharged DV could give us some of this type of evidence
1109
California Evidence Code 1109 defines evidence of a defendant's prior uncharged acts of domestic violence, child abuse, or elder/dependent person abuse that prosecutors can use in criminal cases to show a pattern of behavior (propensity), even if those acts weren't charged or resulted in convictions, helping prove the current offense, but subject to judicial balancing against unfair prejudice.
Ready for a Challenge?
Name 3 Special Circs
- Lying in Wait
- During commission of a felony
- Multiple Murders
- Torture
- Gangs
- For Financial gain
- Race , religion, nationality
- Murder of Peace Off, Federal or Firefighter
- Murder of Witness
- Murder of Judge, Prosecutor, Gvt' Off, or Juror
Stay safe ....Zach, it takes approximately this many drinks for you to reach .08 in one hour
3-4 standard drinks (12 oz beer, 5 oz wine, 1.5 oz spirits)
Size matters: 2 1/2 inches or more, no thumb stud, spring loaded or opens with a flick of a wrist and we end up with this charge
Get outta the Court, the Judge said the PD Investigator.
Um, I am not a party to the action, not a witness under examination and designated as this _______ so, I think I'll stay!
Witness Exclusions
Designated as Investigating Officer (Ev Code 777)