Rizio and Nelson California Law Blog

Juvenile Facilities are Downsizing Too

According to a February 22 article on the Department of Justice Website, the Heman G. Stark Youth Correctional Facility has been closed. The article states, “At its peak, it housed approximately 2,000 youth, nearly a fifth of the 10,000 youth committed to state custody.” Gordon Hinkle and Bill Sessa write, “Closure of the facility in Chino, which had been the state’s largest for juvenile...

Terrorism – The Importance Of A Solid Defence

The United States of America is aggressively pursuing prosecution of anyone they suspect is involved in terrorist activity. The punishments are harsh, with some states employing the death penalty in severe cases (the Timothy McVeigh case, for example). Even pranksters can find themselves in front of a jury for making criminal threats and face up to $250,000 USD and five years in a federal correctional...

Solicitation of a Prostitute

Solicitation of a prostitute is in reference to a person attempting to incite lewd conduct from another person. Solicitation to engage in lewd conduct is characterized by a specific intent to engage in that conduct. Specific intent is intent specifically seeking a particular result. In a prostitution case, the result is an act of lewd conduct. Lewd conduct is the specific intent to sexually arouse,...

PVDMI

With the focus of reducing California’s recidivism rate, and the mandate that the prison population be reduced, a risk assessment system is used to determine if a criminal should be released on parole, or be returned to prison. It’s called the Parole Violation Decision Making Instrument, or PVDMI. According to an article in the California Department of Corrections and Rehabilitation (CDCR)...

Firearm Microstamping vs. Electronic Reporting of Firearms

There are two gun control measures on California’s DOJ Bureau of Firearms website that are worthy of discussion: Electronic Reporting of Firearms, which goes into effect July 1, 2010 Firearm Microstamping, supposed to be in effect this year but is still in the proposal stages, according to the webpage Let’s look at the first regulation, the electronic reporting of firearms. Basically,...

California’s Early Prison Release

Effective Monday, January 25, 2010, the new law providing early release for non-violent criminals will allow approximately 6,500 inmates to be set free. Under the new law, which was signed into effect last fall, only those prisoners who have completed educational and vocational programs, and who have been selected as not likely to commit another crime, will be released. The Federal Court had ordered...

Probable Cause vs. Burden of Proof

In a criminal trial, the two main hearings before a judge and/or jury are the preliminary hearing and the trial. In the preliminary hearing, the prosecution must convince the judge that there is enough evidence against the defendant in order to bring them to trial for the crime that they have been accused of. This type of hearing is much less strict in that it is not bound to the rules of evidence....

Marijuana In The News

When we think about marijuana’s negative connotations, we envision prison cells for drug use, selling marijuana, growing the drug, and maybe even selling or forging prescriptions for it. There rarely come visions of wildfire when we mention the phrase “marijuana problems,” but this can actually be a major concern in the state of California. Case in point: Just this year people have...

Grand Theft Auto in Decline in CA

According to Reuters, September 24, 2009, the rate of auto theft incidences in California is decreasing. This is great news for the victims who have gone through the inconvenience and expense of having their car stolen. One of the programs that has been developed to combat auto theft is VIN etching. The VIN, Vehicle Identification Number, which every automobile manufactured has, is unique for every...