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Drug Treatment – Not Jail, by Bill Haney, Ventura County Criminal Defense Attorney Today, I had the privilege of representing a woman charged with child endangerment in the Ventura County Superior Court. The District Attorney demanded a 270-day jail sentence as punishment. We submitted letters, a detailed sentencing brief and life history information to the…

Inducing the Testimony of a Witness Through Force, Threat of Force or Fraud – Penal Code Section 137(b) California law offers harsh punishment to any person who attempts to undermine the integrity of the criminal justice system by using force, threat of force or fraud to influence a person who is about to give information…

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Witness Intimidation – Penal Code Section 136.1 California law harshly punishes anyone who interferes with the legal system through an act of witness intimidation. The crime is broadly defined and heavily used in some jurisdictions like Ventura County. Elements of the Offense: There are several forms of witness intimidation under California law: Witness Intimidation Defined…

Willfully Causing the Execution of an Innocent Person – Penal Code Section 128 Penal Code Section 128 was passed by the Legislature to deter witnesses from offering untruthful testimony to unjustly cause the execution of someone facing the death penalty.1 Under California law, every person who, by means of perjury or subornation of perjury, causes…

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Subornation of Perjury – Penal Code Section 127 The crime of subornation of perjury occurs whenever a person solicits someone else to commit perjury. A person commits perjury when he knowingly and intentionally lies about a material fact in any legal proceeding.1 Elements of the Offense: To prove the crime of subornation of perjury, the…

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Perjury – Penal Code Section 118 The crime of perjury occurs when a person intentionally lies about an important matter in a legal proceeding. Elements of the Offense To convict a person of the crime of perjury, the prosecutor must prove the following elements beyond a reasonable doubt: 1. The defendant took an oath or…

Penal Code Section 112 punishes those who sell or manufacture false government documents in California.

Manufacturing or Sale of False Government Documents – Penal Code Section 112 It is a misdemeanor under Penal Code Section 112 to sell or manufacture false government documents with the intent to help another person conceal the true nature of their citizenship or resident alien status. If the police find you with more than one…

Private Investigators Providing Juror Information to Defendants – Penal Code Section 95.3 Section 95.3 seeks to protect the safety and security of jurors. Jurors may only be contacted for purpose of discussing a criminal case in a manner allowed by law. For example, after a judge discharges a jury at the conclusion of a case,…

Providing Juror Information to Defendant – Penal Code Section 95.2 Section 95.2 seeks to protect the privacy and security interests of jurors serving in criminal cases. It is a misdemeanor to knowingly provide a defendant with the name and personal identifying information of jurors after the information has been sealed by a judge.1 At the…

Penal Code Section 95 punishes any person who corrupts or attempts to corrupt jurors and other key players in the California legal system.

Corrupting or Attempting to Corrupt Jurors, Arbitrators, Umpires or Referees – Penal Code Section 95 Penal Code Section 95 sets forth a felony offense for any person who attempts to corrupt jurors, arbitrators and other individuals whose judgment is integral to the proper functioning of the legal system. Section 95 is broader than Penal Code…