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Volumes of the Thomson West annotated version of the California Penal Code; the other popular annotated version is Deering's, which is published by LexisNexis. The Penal Code of California forms the basis for the application of most criminal law, criminal procedure, penal institutions, and the execution of sentences, among other things, in the American state of California.
People of California v. Hernandez, 61 Cal.2d 529 (1964), was a California Supreme Court case ruling that an "honest and reasonable" mistake as to the age of a female is a valid defense to a statutory rape charge. [1] The defendant was charged with violating California Penal Code section 261, subd. 1, statutory rape, a misdemeanor. He pleaded ...
In practice a groveling letter of apology to the court is sufficient to ward off this possibility, and in any event the warrant is generally "backed for bail"—i.e., bail will be granted once the arrest has been made and a location where the person can be found in future established. [18] Failure to comply with a court order.
The People of the State of California v. Superior Court (Romero), 13 CAL. 4TH 497, 917 P.2D 628 (Cal. 1996), was a landmark case in the state of California that gave California Superior Court judges the ability to dismiss a criminal defendant's "strike prior" pursuant to the California Three-strikes law, thereby avoiding a 25-to-life minimum sentence.
The Criminal Code contains specific provisions dealing with ignorance and mistakes, which permits acquittal in cases of mistakes of fact but not of law. Further, it mandates that a mistake of fact need not be reasonable for the defense to be available, but allows a jury to consider whether a fact is unreasonable in determining whether the ...
There is not much that can be done to remove or conceal a driving under the influence record, but in the state of California, it can be expunged. California Penal Code 1203.4 [15] allows most types of convictions may be expunged. To qualify, the person must have completed probation, satisfied all financial obligations, not currently be facing ...
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In law, willful ignorance is when a person seeks to avoid civil or criminal liability for a wrongful act by intentionally keeping themselves unaware of facts that would render them liable or implicated.
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