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2016 criminal law update: new California privacy law takes effect

Readers of a certain vintage might well remember a time when the Internet did not exist or was effectively in the dark ages of technology, being tweaked, expanded and transforming from something strange and novel to a tool of highest utility.

Conversely, readers a bit younger cannot of course recollect a time when the Internet and life on a computer did not exist as a central part of life and daily routine.

We note with decided understatement on our website at The Law Office of John W. Noonan in Alameda County "the increased and widespread use of technology in our daily lives."

That technology, we observe on an online page devoted to the Internet and Cybercrimes, is nowadays accessible to virtually all people, and scores of millions of individuals -- perhaps billions across the globe -- routinely avail themselves of it to communicate through email, texting and myriad other electronic formats.

That capability has bred a slippery slope of sorts. On the one hand, it obviously enhances contact between people. On the other hand, though, it has ushered in a whole new era of criminal investigatory probes and prosecutions relating to so-called "cybercrime" such as computer fraud, identity theft, illegal interceptions and hacking.

There is no question that authorities' close scrutiny of citizens' electronic communications is growing progressively intense in California, nationally and around the world.

That brings more criminal convictions, of course, while at the same time yielding troubling questions regarding fundamental rights of privacy.

California legislators have responded to criticisms of police searching activities in the electronic realm by recently passing what one media account refers to as arguably "the nation's widest-ranging electronic privacy law."

That law took effect from January 1. It requires that police first obtain a search warrant before examining electronic information that is generated through texts, emails, GPS data and related formats. The statutory enactment is applicable in all but limited emergency situations.

Privacy protection is obviously of paramount importance to all Californians and Americans, especially when it is linked to troubling considerations surrounding clandestine police surveillance. Questions or concerns regarding electronic communications and privacy can be directed to an experienced criminal defense attorney.

Recent Case Results

  • Drunk Driving Offenses

    John was able to get client a reduction of charge of a DUI because of being a nurse it could mean her license.

    He secured a Drunk in Public , and she would attend a 3 month program. Additionally, the dmv hearing was also set aside.

    Both being a win for the client.

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  • Domestic Violence

    A client was arrested for a Felony Domestic Violence, could have devastated her potential for future employment. John was able to get the case dismissed. Client was thrilled.

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  • Juvenile Charges

    A juvenile was arrested for 2nd Degree Robbery. After 6 months the case was dismissed.

    A juvenile was arrested for Sexual Battery. After 6 months and 80 hours of Community service, the case was dismissed.

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  • Drunk Driving Offenses

    A client with a 1st DUI arrest. Fearing she would go to jail; lose her license for a year and lose her job. Got a wet reckless and minimal fines.

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  • Drug Charges

    A client with 4 Felony charges on a Transportation Charge, a Attempt to Sell, Possession of Marijuana, (50 pounds), Conspiracy Charge all where reduced to 1 Misdemeanor. No Jail.

    Client was charged with 6 Felony drug possessions. Facing jail time. The results: Client got a deferred entry of judgment and then dismissed.

    Client charged with several felony counts of possession of Marijuana with intent to sell. Client was involved in a medical marijuana grow. Case was reduced and later dismissed.

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  • Sex Crimes

    A client with alleged 2 Felony Sex charges and he faced jail and sex registration. The case was entirely dismissed.

    Client charged with prostitution; facing jail time and sex offender registration. Result: NO JAIL TIME AND NO SEX OFFENDER REGISTRATION Deferred Entry of Judgment.

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  • Domestic Violence

    Client charged with domestic violence, with great bodily injury. Case reduced to a misdemeanor with time served.

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Dublin Office
6379 Clark Avenue
Suite 250
Dublin, CA 94568

Phone: 925-463-3340
Fax: 925-479-0015
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Manteca Office
210 East Center Street
Suite 10
Manteca, CA 95336

Phone: 925-463-3340
Fax: 925-479-0015
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