What a Judge Requires from the CDCR to Resentence

The CDCR may ask the judge assigned to a particular case to correct a part of a sentence. Does this mean that defendant is entitled to resentencing on all parts of a sentence? In the following case, defendant believed this was so, but the trial court declined to change any part of the sentence except the part the CDCR asked the judge to fix. Was the judge wrong in this case? To find out, please click on the following link – https://www.greghillassociates.com/what-a-judge-requires-from-the-cdcr-to-resentence.html

How Does One Correct Time Credits from Prison or Jail?

It is not uncommon for a person to dispute the credits one believes he or she is entitled to from serving time in prison or jail. Sometimes, the CDCR or the sheriff or the judge overlook something or make a mathematical error. If one believes this is so, what is the proper way to correct this or request a review of the time credits? To read answers to these questions, please click on the following link – https://www.greghillassociates.com/how-does-one-correct-time-credits-from-prison-or-jail.html

What is Perjury, PC 118? Punishment? Defenses?

Perjury is lying, but as the reader may suspect, there is certainly more to the definition than just a one word synonym. Must the lying be under oath? Must it be intentional? Can it be in writing or is it only spoken? What are the defenses and what is the punishment? Is it a felony? To read more about this crime, please click on the following link – https://www.greghillassociates.com/what-is-perjury-pc-118-punishment-defenses.html

What Firearm and Ammunition Conditions Apply in a DV Case?

In nearly every pending domestic violence case, the judge assigned to the case will issue a criminal protective order under Penal Code § 136.2 to protect the alleged victim in the case, as well as witnesses, from physical harm or intimidation from the defendant. This type of protective order will require defendant to surrender any and all firearms and ammunition in his or her possession or control to law enforcement or a licensed gun dealer. Defendant is also prohibited from buying a firearm while the protective order is in place. To read more about such restraining orders, please click on the following link – https://www.greghillassociates.com/what-firearm-and-ammunition-conditions-apply-in-a-dv-case.html

Modification or Termination of a Criminal Protective Order?

The following article lists our twelve considerations a defendant should review before seeking a modification or termination of a criminal protective order. Defendant should also be aware that if the protective order was issued in a domestic violence case, defendant must give the prosecutor five days’ notice before the hearing, to permit the prosecutor time to talk with the victim or victims about modifying or ending the protective order. To read more about this issue and read the list of twelve considerations, please click on the following link – https://www.greghillassociates.com/modification-or-termination-of-a-criminal-protective-order.html

What One Should Know About Own Recognizance (OR) Release

Being released on one’s own recognizance (OR) from jail or court is quite limited and there are many factors that may bar this. To read about the considerations a judge must make and the procedures for setting bail in specific cases, please click on the following link to read a short article about OR release and bail – https://www.greghillassociates.com/what-one-should-know-about-or-own-recognizance-release.html

When Must a Noticed Bail Hearing Be in Open Court?

A judge must hold a bail hearing in open court when there are offenses relating to domestic violence, which includes a broad range of crimes wherein the victim’s relationship to the defendant is generally familial in nature. The hearing itself may not proceed unless notice to the victim is given to be present to be heard on public safety issues. For more information on noticed bail hearings, please click on the following link – https://www.greghillassociates.com/when-must-a-noticed-bail-hearing-be-in-open-court.html

How’s Obscene Defined in P.C. 653m, Harassing Calls?

In the legal context, the word obscenity is usually associated with the famous quote by U.S. Supreme Court Justice Potter Stewart, who said “I know it when I see it.” However, that quote was actually about what is hard core pornography that does not merit First Amendment protection. Obscenity is also understood within the context of “obscene matter” in Miller v. California wherein it was defined as “principally appealing to a prurient interest in sex.” Is this how obscenity is defined under Penal Code § 653m? To find out, please click on the following link – https://www.greghillassociates.com/hows-obscene-defined-in-p-c-653m-harassing-calls.html

Five Requirements for Criminal Threats (PC § 422)

If you are charged with criminal threats, it is valuable to slow down and look closely at the elements of the crime and then evaluate if your conduct really meets the requirements. Of the five requirements, the third requirement is the most commonly challenged part. What is the third requirement? To read more about criminal threats, please click on the following link – https://www.greghillassociates.com/five-requirements-for-criminal-threats-pc-422.html

Domestic Violence: What Facts Establish Cohabitation?

As the reader of this blog may be aware, domestic violence can also be committed against one who is not one’s spouse, but another person with whom defendant cohabitates or cohabitated. Is living in the same house enough to cohabitate? Is a romantic or amorous relationship required? What if the relationship was very brief, i.e., just one night? To read more about this alternative to battery upon one’s spouse to suffice for domestic violence, please click on the following link – https://www.greghillassociates.com/domestic-violence-what-facts-establish-cohabitation.html