Articles

Withdrawing a guilty plea

Philippine News : Tuesday, February 07 2012

In compliance with the holding of Boykin v. Alabama (1969) 395 U.S.238, when a guilty or nolo contendere plea (which is treated the same as a guilty plea) is entered, the record must show that the defendant was aware or made aware of, voluntarily waived, his or her constitutional rights to:

(1) trial by jury; (2) confrontation of witnesses; (3) privilege against self-incrimination; and (4) right to counsel, if unrepresented.

Read more: Withdrawing a guilty plea

Concealed weapons at airports

Philippine News : Tuesday, January 17 2012

It is also not rare that clients are stopped for a traffic violation and a search ensues and such “illegal” weapons are seized.

On January 4, 2012, the federal Transportation Security Administration (TSA) indicated it found a .45-caliber handgun in California Assemblyman Tim Donnelly’s briefcase at Ontario Airport. Donnelly was cited on a misdemeanor charge of possession of a loaded firearm, punishable by a sentence of one year in jail and a $1000 plus penalties in fines.

Read more: Concealed weapons at airports

What to do in case of arrest

Philippine News : Friday, January 06 2012

Costly fines, suspension of driver’s license, mandatory counseling, lifetime sex registration, and deportation are some consequences to criminal arrest.

Read more: What to do in case of arrest

Internet censorship bill ‘duplicates’ existing law

Philippine News : Saturday, December 31 2011

Fairfax,Va.–Americans for Limited Government President Bill Wilson praised California Rep. Zoe Lofgren, a member of the House Judiciary Committee, for opposing legislation he said would “give the government power to censor the Internet.”

Read more: Internet censorship bill ‘duplicates’ existing law

Criminal sentencing and provisions of the Eighth Amendment

Philippine News : Monday, December 19 2011

Because of the range of punishment, a judge will consider certain ‘aggravating’ or ‘mitigating’ circumstances.

Judges, not juries, determine punishments for crime (in capital punishment cases, the jury usually decides whether to recommend death or life in prison). The Eighth Amendment to the U.S. Constitution, made applicable to the states by the Fourteenth Amendment, provides that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.”

Read more: Criminal sentencing and provisions of the Eighth Amendment

Another celebrity death probe in the heart of Hollywood

Philippine News : Sunday, November 27 2011

The Los Angeles County Sheriff’s Office announced that it would launch a new investigation into the events of the death of actress Natalie Wood on Thanksgiving weekend of November 28, 1981. The sheriff’s department has now assigned two murder detectives to investigate afresh how the actress died after a day of heavy drinking and arguments involving her husband, actor Robert Wagner and actor Christopher Walken.

Read more: Another celebrity death probe in the heart of Hollywood

What happens when a juvenile is arrested?

Philippine News : Monday, November 14 2011

A police officer may arrest a juvenile upon reasonable cause to believe a crime, either a felony or a misdemeanor has been committed. Other reasons for “temporary custody” would be a violation of a juvenile court order or the minor is found in the street or a public place suffering from an illness or requiring care. A person becomes an adult on his or her 18th birthday.

Read more: What happens when a juvenile is arrested?