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PALM SPRINGS. INDIO.
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PALM SPRINGS. INDIO.
SOUTHERN CALIFORNIA

John Patrick Dolan On The Docket 6-22-15

John Patrick Dolan On The Docket 4-6-15

Pedestrian Dies in Accident Near Banning

A pedestrian was hit and killed near Banning on 1-10 on March 28, 2015.The Riverside Fire Department reported that the pedestrian was struck by a vehicle in the eastbound lane near Highland Spring Avenue. At this time, it is unclear whether the pedestrian was in the crosswalk at the time of the accident.

Where pedestrians leave the crosswalk, they do not have the same legal rights they would have if they were walking in the crosswalk. For example, the police will not even issue a citation where the pedestrian was harmed outside of the crosswalk. However, where the pedestrian was in the crosswalk, the driver could be charged with a homicide. It is unclear at this time whether the driver has been charged with anything at all.

This situation is a reminder for pedestrians to use the crosswalks and obey all of the traffic signs and signals. If you have been charged with a crime, contact the Dolan Law Office by calling 760-775-3739.

 

Source: http://www.desertsun.com/story/news/2015/03/29/pedestrian-dies-after-being-hit-by-car-near-banning/70621912/

Man Killed While Crossing Street in Indio

A man was killed while crossing Fred Waring Drive close to Clinton Street on March 17, 2015. He stepped off of the curb and into the closest lane when he was hit by a Toyota Camry. The accident occurred around 2:20 p.m., and the victim died at the scene. He was about 60 years old.

The police determined that speed and alcohol were not contributing factors. In fact, the driver is not likely to be cited because the pedestrian was not walking in the crosswalk when he was hit. This is the rule for criminal law in any similar situation. When a pedestrian is harmed by a car outside of a crosswalk, then the car will not be cited for any injury that the pedestrian sustains, unless, of course, there are unique circumstances, such as the driver trying to run the pedestrian over on purpose.

Generally, however, if the pedestrian leaves the crosswalk he is partly responsible for any injury that occurs. Pedestrians should only enter the road in designated areas and only cross the road when signage allows. Accidents will happen, but drivers cannot be charged for hitting pedestrians who leave the crosswalk.

If you or a loved one has been charged with a crime related to harm to a pedestrian, speak to an experienced criminal defense attorney if they try to charge you with a crime. Call the Dolan Law Offices, the criminal law specialist, at 760-775-3739.

Source: http://www.desertsun.com/story/news/2015/03/18/man-killed-attempting-cross-indio-street/24990361/

Another Desert Hot Springs Shooting in Mid-March

A boy was killed after being shot in Desert Hot Springs on March 17, 2015. The shooting was reported at about 9:20 p.m. near Desert View Avenue. The shooting actually occurred on Verbena drive. The victim was rushed to Desert Regional Medical Center, where he passed away around 11:00 p.m.

This shooting is the fourth one that has occurred in Desert Hot Springs in the past year. More than 70 people have been killed in Coachella Valley in the past three years. After this shooting, this is the 12th homicide in Cachella Valley this year. Last year at this time, there were nine shootings.

Police are looking for more information about these occurrences and they are unsure if the shootings are linked at all. In this particular case, police have not disclosed any motive or reason for the shooting. However, it is important to remember that the prosecution does not have to prove motive in a criminal case.

While motive is usually used in the prosecution’s case, it is not a necessary element in proving a criminal case. However, the prosecution must still prove “malice” for a murder charge instead of a manslaughter charge. Malice can be express or implied, and it does not require a hatred or ill will toward the other person. It can include actions that are a “wanton disregard for human life” and where those actions have a “high degree of probability” to result in death.

If you or someone you love has been charged with a crime, contact a skilled criminal defense attorney. Call the Dolan Law Office at 760-775-3739 for a free consultation.

Source: http://www.desertsun.com/story/news/crime_courts/2015/03/18/man-shot-verbena-drive/24945579/

Los Angeles Man First in Jail Under California’s Revenge Porn Law

A 36-year-old man from Los Angeles was given a year in jail on Monday for posting topless photo’s of his ex-girlfriend on her employer’s social media page. The photo was captioned with derogatory words. Along with the year of jail he will be given 36 months of probation and will attend a domestic violence counseling class.

California’s revenge porn law was enacted in October 2013 and holds individuals responsible for posting sexual photos online with the intent to cause emotional harm.

Even though this law helps with cyberbullying, many argue that it fringes on free speech rights.

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With social media leading the way everyone receives news and shares info, you may want to think again when getting even with an ex. A new law holds individuals responsible for posting sexual photos. Read the article below for more.

http://www.nydailynews.com/news/crime/la-man-jail-california-revenge-porn-law-article-1.2030524

 

DUI Suspect Crashes into a La Quinta Home

On Saturday, February 28, 2015, a man crashed his car into a La Quinta home. He is suspected of being under the influence of alcohol when the accident occurred. The crash occurred at Calle Madrid and Avenida Rubio in the La Quinta Cove neighborhood. He apparently was driving east on Madird when he lost control of the vehicle and crossed into the other lane. He went onto a curb, crossed a front yard, and crashed into a home. The building had moderate damage and no one inside was injured.

Where a DUI causes damages to a home, the person driving the car is likely still liable for the damage, even though they did not occur on the road. The driver’s insurance likely will not cover situations like this. The driver was taken to the hospital before he was arrested for the DUI. It is unclear at this point how he was tested for DUI.

He may have DUI defense available to him regarding the method of testing for the DUI. For example, breath tests are often wrong for varying reasons, including their testing method, which may lead the machine to think that the driver is intoxicated when, in fact, they are not. The field sobriety test is definitely subject to the individual officer’s interpretation. Any test is subject to human error, so there may be defenses there as well.

If you or someone you know is being charged with a DUI, contact an experienced criminal law attorney as soon as possible. Call the Dolan Law Offices at 760-775-3739 for a free consultation.

Source: http://www.desertsun.com/story/news/crime_courts/2015/03/01/keith-fox-dui-crashing/24223441/

Los Angeles man first in jail under California’s revenge porn law

A 36-year-old man from Los Angeles was given a year in jail on Monday for posting topless photo’s of his ex-girlfriend on her employer’s social media page. The photo was captioned with derogatory words. Along with the year of jail he will be given 36 months of probation and will attend a domestic violence counseling class.

California’s revenge porn law was enacted in October 2013 and holds individuals responsible for posting sexual photos online with the intent to cause emotional harm.

Even though this law helps with cyberbullying, many argue that it fringes on free speech rights.

Growing Old in the Big House

America’s prison system incarcerates more individuals than any other developed nation, and our prison population is getting older, fast. The elderly is the fastest growing demographic in the penal system, and the implications of this fact are numerous.

The magnitude of the elderly imprisoned situation can be seen in the enormous rise in medical costs. Now, prison medical costs hover around $300 million, and that number is about 15% larger than it was just three years ago. There are now nursing home like sections of prisons filled with elderly men that get around on crutches or in wheelchairs. Their propensity for crime is severely diminished, but the retributive nature of America’s prison system keeps them in jail at the expense of the taxpayers.

If you need an expert criminal lawyer to fight the American justice system that is in serious need of reform, please call the Dolan Law Offices at (760) 775-3739 for a free consultation.

John Patrick Dolan – On The Docket KMIR 2-18-15