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Articles by Topic or Issue (Jail / Prison / House Arrest Continued - Mental Competency / Capacity)

Jail / Prison / House Arrest Continued

  1. I Visited Someone in Jail--What Do the Shirt Colors Mean?

  2. Is My Call from Jail to My Attorney Really Private?

  3. Jail Term and Cannot Miss Work? What Is Private Jail?

  4. What Is House Arrest As an Alternative to Jail? Prison?

  5. What Is House Arrest and the Sentinel Monitoring System?

  6. Electronic Home Monitoring - How Do I Request This?

  7. How Much Custody Credit Do I Get? What Factors Matter?

  8. Do Presentence Custody Credits Apply to Time at Patton?

  9. Can One Be Exempt from Post-Release Community Supervision?

  10. Violating Home Detention Rules Can Be a Felony Escape

  11. Is Felony Evading Arrest Subject to AB109 and County Jail?

  12. Is a Prison Hunger Strike Likely to Lead to Violence?

  13. Custody Credit for Presentence Electronic Home Monitoring?

  14. Under Prop 57, What Is Full Term for the Primary Offense?

  15. What Is Escape (PC 4532(b)(1)) If One Is on GPS Monitoring?

  16. Must I Still Go to Jail or Prison if I am Disabled?

  17. Do Conduct Credits Change After My Case Reduced Per Prop 47?

  18. Be Very Careful What You Say Over the Phone from Jail!

  19. Do Good Time, Work Time Credits Apply to House Arrest?

  20. What Is House Arrest with GPS or SCRAM Monitoring?

  21. When & Why Can a Court Reduce Good Time Credits to 15%?

  22. Why Eliminating Bail Makes Defense Attorneys Critical

  23. What’s Needed for Compassionate Release from Prison?

  24. What is a State Court Petition for Writ of Habeas Corpus?

  25. Is SB 1437 Unconstitutional by Conflict with Prop 7?

  26. Compassionate Release – Is Judge’s Discretion Unlimited?

  27. CDCR Acted with Deliberate Indifference to Risks of COVID-19

  28. Do Excess Custody Credits Apply to Parole if 1437 Granted?

  29. Parole Revocation: What Burden of Proof Applies?

  30. May a Judge Terminate Parole under Penal Code 1203.2(b)(1)?

  31. Do In-Prison Offenses Bar Release on Elderly Parole?

  32. 1 Strike Offender Eligible for Youth Offender Parole Hearing

  33. How Does One Correct Time Credits from Prison or Jail?

  34. Habeas Relief and Good Cause under Rhines v. Weber

  35. What Is Vehicle Code § 41500(a) for Those in Custody?

  36. Compassionate Release, Federal Custody: Requirements?

  37. Penal Code § 3000.01 Can Limit Parole to Two Years

  38. Illegal Inmate Disciplinary Hearing Not Moot by Time

  39. Does Penal Code § 3051 Violate Equal Protection?

  40. Preconviction Custody Credit for Home Detention Time?

  41. What’s Allowed in Mail to Someone in Jail or Prison?

  42. Federal Motion for Compassionate Release Changes

  43. Federal Compassionate Relief Before Incarceration?

  44. The Prison Litigation Reform Act (PLRA) & IFP Limits

  45. Does PC 4019 Apply to Incompetents at State Hospital?

  46. Does Wait and See Allow Prison Officials Qualified Immunity?

  47. Is No Television in Prison a Constitutional Violation?

  48. Prisoner Rights and Rehabilitation Credits in Jail

  49. Federal Compassionate Release: What Can be Considered?

  50. Prison Inmate Receives Illegal Cell Phone: Conspiracy?

  51. Newsom’s Commutation / Clemency Application: How to Apply

  52. Is Continued Maximum Custody Confinement Illegal?

  53. Is a Franklin Hearing for Resentencing a Prisoner?

  54. Rape Case, Time Credits for Residential Drug Program

  55. Americans with Disabilities Act & Prisons’ Compliance

  56. Presentence Custody Credits for Assault with Firearm?

  57. Unreasonable Risk of Danger, Compassionate Release

  58. Battery by Gassing, Penal Code 243.9, Enough Evidence?

Juvenile Crimes

  1. What Happens for Being a Minor in Possession of Alcohol?

  2. Is a Crime Committed As a Juvenile Invisible As an Adult?

  3. Conviction for Underage DUI Not the Same As a Juvenile Plea

  4. A Juvenile Court May Not Transfer Case to Adult Court

  5. When Must a Juvenile Be Sentenced to a Juvenile Facility?

  6. When Is a Juvenile's Confession to Police Involuntary?

  7. A Juvenile Strike May Prevent Serving Time in County Jail

  8. No More Presumptive Life Term for Certain Juvenile Offenders

  9. What Is the WIC 654 Program for Juveniles Accused of Crimes?

  10. What Is Home on Probation (HOP) in a Juvenile Case?

  11. What’s J.O.I.N. & Who’s Eligible for This Diversion Program?

  12. Eligibility for Sealing and Destroying a Juvenile Record?

  13. Legal That a Truant Juvenile Be Tracked by a GPS Device?

  14. Juvenile Probation & Electronics Search Conditions – Legal?

  15. Juvenile Found in Possession of Less Than an Ounce of Marijuana

  16. Is Life with No Possibility of Parole (LWOP) OK for Juvenile?

  17. Juvenile Sentence of 100 Years is Cruel and Unusual?

  18. Sentence of 50 Years for Teenager for Murder Proper

  19. Seventeen Year Old May Be Charged As an Adult with Murder?

  20. Ninety Year Sentence Void for Juvenile Convicted of Murder

  21. Juvenile Sentence of 254 Years for Sex Crime Set Aside

  22. Convictions for Trespass and Vandalism for Juvenile Are Reversed

  23. Teen Avoids Strike under One Strike Law in Sex Crime

  24. Prop 36 Resentencing Denied Due to Prior Juvenile Rape

  25. Can Prop 47 Relief Be Barred for a Juvenile Record?

  26. What Does Prop 57 Do for Juvenile Cases in Adult Court?

  27. Is a Juvenile Probation Condition of No Electronics Proper?

  28. Prop 57 Requires a Fitness Hearing for Juvenile’s Retrial

  29. Do Arbuckle Rights Apply to a Juvenile Restitution Hearing? 

  30. Court Rules That Prop 57 Is Not Retroactive for Juveniles

  31. Is a Gang-Related Juvenile Probation Condition Always OK? 

  32. Juvenile Probation Condition Requiring Classes Affirmed

  33. Is Prop 57's Juvenile Filing Provision Retroactive?

  34. What Is Teen Court and How Does It Work?  What Happens?

  35. What Is Contributing to the Delinquency of a Minor (PC 272)?

  36. What Is the Punishment & Defenses to Having a Fake ID?

  37. How Does SB395 Give Juveniles Extra Miranda Protection?

  38. What Is the Law on Vaping by Juveniles?  Punishment?

  39. When Is a Search of a Student at a Public School OK?

  40. Can a Minor Violate PC 148(a)(1) in a Warrantless Detention?

  41. Juvenile Probation Condition Too Vague So Ruled Invalid

  42. When Can a Prior Juvenile Offense Be Used As a Prior?

  43. Is Mental Health Diversion Available in Juvenile Court?

  44. Is Senate Bill 1391 Unconstitutional under Prop 57?

  45. Does Mental Health Diversion Apply in Juvenile Court?

  46. Does Senate Bill 1391 Undermine Prop 57’s Intent?

  47. Franklin Hearing – Tough Case for Silence at Sentencing

  48. What is JAWS – Juvenile Alternative Work Services?

  49. How’s a Juvenile Carjacking Adjudication Not a Strike?

  50. Franklin Hearings – Judge Can Decide if Testimony Needed.

  51. Remand When Judge Fails to Consider Youth-Related Factors?

  52. Sealing Juvenile Records Under WIC § 786(e)?

  53. Youth Offender Parole Hearing if LWOP & Juvenile?

  54. Juvenile LWOP: Must Permanent Incorrigibility Exist?

  55. Is Minor’s Attempted Robbery a WIC § 707(b) Offense?

  56. Life Sentence for Juvenile Affirmed, Youth Considered

  57. AB 624: Challenging a Juvenile Fitness Hearing

  58. Life Sentence for Juvenile Affirmed, Youth Considered

  59. Resentencing Juveniles Sentenced to LWOP Equivalent.

  60. No 290 Registration for Juvenile Who Rapes Cousin?

Mayhem / Terrorism

  1. What Is Mayhem (Penal Code § 203) and Aggravated Mayhem?

  2. Systematic Child Abuse Over Time Can Be Aggravated Mayhem

  3. Double Jeopardy Bars Punishment for Street Terrorism

Click Here to Go Directly to Violent Crime Articles

Mental Competency / Capacity

  1. Sentencing a Mentally Disordered Person Can Be Tricky

  2. Requirements to Involuntarily Commit the Mentally Retarded

  3. Not Guilty by Reason of Insanity? What Is Required?

  4. The Effect of Intellectual Disability on Sentencing

  5. Penal Code § 1368, Mental Competency & Declaring a Doubt

  6. Delusional Man Convicted Making False Claim of Citizenship

  7. Can a Mentally Disabled Offender (MDO) Waive a Jury Trial?

  8. What Is a Mentally Disordered Offender (MDO)?  Consequences?

  9. Are Medicine Side Effects Considered in Criminal Sentencing?

  10. What Is Mental Disorder Diversion (Penal Code 1001.36)?

  11. What’s a Murphy Conservatorship If Someone Declares a Doubt?

  12. Can Mental Health Diversion Be Sought After Sentencing?

  13. A Lenient View of Mental Health Diversion

  14. Mental Health Diversion After a Final Judgement?

  15. Mental Health Diversion After a Trial & Jury Verdict?

  16. Is the Sex Offense Exception to Mental Health Diversion OK?

  17. Is SB 1187 Retroactive for Competency Commitments?

  18. Death Sentence Reversal & Defendant’s Mental Illness

  19. Mental Health Diversion Retroactivity Not Intended

  20. Prejudicial Error Committed by Denying Right to be Present?

  21. Ineffective Assistance of Counsel, Defendant’s Mental Health

  22. Incompetent to Stand Trial Have Right to Timely Services

  23. What is Substantial Evidence of Mental Incompetence?

  24. Limiting Mental Health Diversion Eligibility Until Plea

  25. How to Measure the Two-Year Involuntary Commitment

  26. Senate Bill 317 Isn’t Retroactive in Competency Cases

  27. Mental Health Diversion: Must Judge Always Consider?

  28. Commitment Extension Proceedings – No Wende Right?

  29. For MDO, When Does 1-Year Commitment Extension Begin?

  30. Mentally Disordered Offender (MDO) Rights at Hearing

  31. Denial of Release to Conditional Release Affirmed

  32. Civil Commitment Extension Proceeding, Double Jeopardy

  33. Motion for Mental Health Diversion Improperly Denied

  34. What’s a Mental Disorder Detention Evidentiary Hearing

  35. Judge Errs in Allowing Man to Waive Right to Attorney

FOR ARTICLE TOPICS FROM MILITARY / VETERANS TO POLICE CLICK HERE.

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