Woodacre Criminal Lawyer, California
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1-4 of 4 matches. Page 1 of 1
Lorne H. Parker
Litigation, Lawsuit & Dispute, Trusts, Criminal
Status: In Good Standing Licensed: 45 Years
San Geronimo, CA 94963
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407 San Anselmo Ave, San Anselmo, CA 94960
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440 Birch Rd, Bolinas, CA 94924
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404 San Anselmo Ave, San Anselmo, CA 94960
Profile LAWPOINTS™19/100
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LEGAL TERMS
IRRESISTIBLE IMPULSE TEST
A seldom-used test for criminal insanity that labels the person insane if he could not control his actions when committing the crime, even though he knew his ac... (more...)
A seldom-used test for criminal insanity that labels the person insane if he could not control his actions when committing the crime, even though he knew his actions were wrong.
SEARCH WARRANT
An order signed by a judge that directs owners of private property to allow the police to enter and search for items named in the warrant. The judge won't issue... (more...)
An order signed by a judge that directs owners of private property to allow the police to enter and search for items named in the warrant. The judge won't issue the warrant unless she has been convinced that there is probable cause for the search -- that reliable evidence shows that it's more likely than not that a crime has occurred and that the items sought by the police are connected with it and will be found at the location named in the warrant. In limited situations the police may search without a warrant, but they cannot use what they find at trial if the defense can show that there was no probable cause for the search.
EXCLUSIONARY RULE
A rule of evidence that disallows the use of illegally obtained evidence in criminal trials. For example, the exclusionary rule would prevent a prosecutor from ... (more...)
A rule of evidence that disallows the use of illegally obtained evidence in criminal trials. For example, the exclusionary rule would prevent a prosecutor from introducing at trial evidence seized during an illegal search.
BAIL
The money paid to the court, usually at arraignment or shortly thereafter, to ensure that an arrested person who is released from jail will show up at all requi... (more...)
The money paid to the court, usually at arraignment or shortly thereafter, to ensure that an arrested person who is released from jail will show up at all required court appearances. The amount of bail is determined by the local bail schedule, which is based on the seriousness of the offense. The judge can increase the bail if the prosecutor convinces him that the defendant is likely to flee (for example, if he has failed to show up in court in the past), or he can decrease it if the defense attorney shows that the defendant is unlikely to run (for example, he has strong ties to the community by way of a steady job and a family).
CRIMINAL CASE
A lawsuit brought by a prosecutor employed by the federal, state or local government that charges a person with the commission of a crime.
MOTION IN LIMINE
A request submitted to the court before trial in an attempt to exclude evidence from the proceedings. A motion in limine is usually made by a party when simply ... (more...)
A request submitted to the court before trial in an attempt to exclude evidence from the proceedings. A motion in limine is usually made by a party when simply the mention of the evidence would prejudice the jury against that party, even if the judge later instructed the jury to disregard the evidence. For example, if a defendant in a criminal trial were questioned and confessed to the crime without having been read his Miranda rights, his lawyer would file a motion in limine to keep evidence of the confession out of the trial.
ACCESSORY
Someone who intentionally helps another person commit a felony by giving advice before the crime or helping to conceal the evidence or the perpetrator. An acces... (more...)
Someone who intentionally helps another person commit a felony by giving advice before the crime or helping to conceal the evidence or the perpetrator. An accessory is usually not physically present during the crime. For example, hiding a robber who is being sought by the police might make you an 'accessory after the fact' to a robbery. Compare accomplice.
CONVICTION
A finding by a judge or jury that the defendant is guilty of a crime.
HABEAS CORPUS
Latin for 'You have the body.' A prisoner files a petition for writ of habeas corpus in order to challenge the authority of the prison or jail warden to continu... (more...)
Latin for 'You have the body.' A prisoner files a petition for writ of habeas corpus in order to challenge the authority of the prison or jail warden to continue to hold him. If the judge orders a hearing after reading the writ, the prisoner gets to argue that his confinement is illegal. These writs are frequently filed by convicted prisoners who challenge their conviction on the grounds that the trial attorney failed to prepare the defense and was incompetent. Prisoners sentenced to death also file habeas petitions challenging the constitutionality of the state death penalty law. Habeas writs are different from and do not replace appeals, which are arguments for reversal of a conviction based on claims that the judge conducted the trial improperly. Often, convicted prisoners file both.
SAMPLE LEGAL CASES
People v. Albillar
... Code, §§ 261, subd. (a)(2), 264.1), forcible sexual penetration while acting in concert
(id., §§ 289, subd. (a)(1), 264.1), and active participation in a criminal street gang
(id., § 186.22, subd. (a)). The jury further found that the sex ...
In re Lawrence
... 1189 Carrie L. Hempel, Michael J. Brennan and Heidi L. Rummel for Petitioner Sandra Davis
Lawrence. Munger, Tolles & Olson, Blanca F. Young and Hailyn J. Chen for Stanford Criminal
Justice Center as Amicus Curiae on behalf of Petitioner Sandra Davis Lawrence. ...
People v. Vazquez
... (b)-(d)), and that he committed the murder for the benefit of, at the direction of, and
in association with a criminal street gang (§ 186.22, subd. (b)(1)(C)). Appellant was
sentenced to a total term in state prison of 50 years to life. ...
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