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PC 1368, Mental Competency & Declaring a Doubt

WEBIn a Nutshell: Defense counsel or the judge may declare a doubt under Penal Code § 1368 as to defendant’s competency to understand the proceedings and assist counsel in his …

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URL: https://www.greghillassociates.com/penal-code-1368-mental-competency-declaring-a-doubt.html

Mental Health Diversion After a Final Judgement

WEBAbout This Article Briefly: The Frahs case mentioned in this article was affirmed by the California Supreme Court in late June 2020, meaning mental health diverion cannot be …

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California Supreme Court & Mental Health Diversion

WEBIn In re Estrada, the California Supreme Court held that an amendatory statute lessening punishment for a crime was presumptively retroactive and applied to all persons who …

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What Is Health & Safety Code § 11550(a)

WEBThe Reader’s Digest Version: A violation of Health & Safety Code § 11550(a), being under the influence of a controlled substance without a valid prescription, is a misdemeanor …

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The Right to Own or Buy a Firearm After a 5150 Hold

WEBAbout This Article Briefly: After a first 5150 hold, the person held is not permitted to purchase, own or receive a firearm for five years.If the person undergoes a second 5150 …

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What Should Be in a Motion for Mental Health Diversion

WEBFirst and foremost, California Rules of Court, rules 3.1110 and 3.1113(a) through (m), should be reviewed by anyone unfamiliar with the general format and content of a …

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Three-Year Sentence Enhancement Vacated by New Law

WEBPreviously, 11370.2(c) provided that, “[a]ny person convicted of a violation of, or of a conspiracy to violate, Section 11378 or 11379 with respect to any substance containing …

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What Is a Mentally Disordered Offender (MDO)

WEBA mentally disordered parolee or former prisoner may be involuntarily committed (by court order) in one-year increments if the individual meets certain requirements evaluated by a …

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When Might a Warrantless Forced Blood Draw Be Legal

WEBSchmerber has been generally interpreted as limited to its facts – a bad car accident and the relatively primitive state of technology in 1966. The requirement otherwise of a …

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Los Angeles County Sheriff's Department

WEBAreas Served: City of Cerritos About: The Cerritos Station is staffed with 63 sworn and 23 civilian employees who serve a culturally diverse community spanning a geographical …

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Unlawful Possession of a Firearm under § 922 (g) (4)

WEBIn 2011, James Michael Bartley was arrested on suspicion of DUI in Idaho. He was later charged with DUI and assigned a public defender. While trying to communicate with …

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Using Report for Insanity Plea and Mental Health Diversion

WEBFree Consultation - Call (310) 782-2500 - Greg Hill & Associates aggressively represents the accused against charges in Criminal Defense & Crime cases. Using Report for …

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Mental Health Superior Courthouse

WEBMental Health Court Clerk's Office. General Parking: Public parking is available for a fee in the parking structure for the Metropolitan Courthouse. Metered parking is available on …

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What Is Mental Disorder Diversion (Penal Code 1001.36)

WEBThere are loud critics of this new law, codified at Penal Code § 1001.36, but from a criminal defense perspective, we appreciate the bold attempt of the new law to address what is a …

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Mental Health Diversion After a Trial & Jury Verdict

WEBJenkins appealed to the Fourth Appellate District, arguing the judge abused her discretion is denying his Romero motion and alternatively arguing that he was eligible for mental …

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What Is a Motion to Obtain Privileged Psychiatric Records

WEBThe first step in considering such a motion is establishing good cause for discovery of the records. People v. Gurule (2002) 28 Cal.4th 557, 592, 123 Cal.Rptr.2d 345; see …

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Motion to Reduce Health & Safety Code 11359 to Misdemeanor

WEBFree Consultation - Call (310) 782-2500 - Greg Hill & Associates aggressively represents the accused against charges in Crime & Criminal cases. Motion to Reduce Health & …

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What Is Cognitive Development Disability Diversion

WEBSummary in 50 Words or Less: Cognitive Development Disability Diversion is a much-needed program that is for both felonies and misdemeanors for those who commit …

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Health & Safety Code § 11350(a) Felony, Drop to Misdemeanor

WEBFree Consultation - Call (310) 782-2500 - Greg Hill & Associates aggressively represents the accused against charges in Crime & Criminal cases. Health & Safety Code § …

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Federal Judge Incorrectly Classifies Crack Seller As Career Offender

WEBFree Consultation - Call (310) 782-2500 - Greg Hill & Associates aggressively represents the accused against charges in Crack Cocaine Distribution & Drug Crime cases. Federal …

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What Is Involved and Needed in a Civil Case for Elder Abuse

WEBThe following article is written for such people, whose cases are civil in nature and often not financially practical for anyone to take. California Welfare and Institutions Code § 15600, …

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Rancho Cucamonga, Possession of Cocaine for Sales

WEBFree Consultation - Call (310) 782-2500 - Greg Hill & Associates aggressively represents the accused against charges in Drug Crime & Drug Possession cases. Rancho …

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