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How to Hire an Attorney for your DUI case

Posted by Christopher Martens | Feb 01, 2024 | 0 Comments

Normally, lawyers work with a team that handles their paperwork and documents. It is possible that the attorney you are opting for works with a team, so you need to know in detail about it. Ask about the qualifications of his team members and their experiences in handling DWI cases. It is most likely that the team of that lawyer will prepare your case, so you need to select an attorney who has a seasoned team and can prepare a sound case that can increase your chances of victory.

How to Get Through a Field Sobriety Test

Posted by Christopher Martens | Feb 01, 2024 | 0 Comments

Standardized field sobriety tests are used by police officers to determine the sobriety of a driver. It is a crime to drive while impaired and it is a wise step to drive when all the alcohol has been drained from your system. If you drive while you are intoxicated, you will likely be identified by an officer of the law. The officer will test your breath using a breathalyzer and if the alcohol content in your blood is higher than 0.08 percent, it will be nearly impossible for you to pass the different field sobriety tests.

Types of Field Sobriety Tests

Posted by Christopher Martens | Feb 01, 2024 | 0 Comments

To find out whether or not you are drunk, the officer dealing with you will move an object in front of your eyes and will ask you to follow it as it is moved back and forth. The officer will look for any twitching in your eyes and how your eyes chase the moving object. If Nystagmus takes place within 40-45 degrees of your eyes' center, the officer could charge you with a DUI violation. If you aren't intoxicated, you won't have any Nystagmus and will be able to easily track the pen or any other object. Moreover, you will be able to observe a motionless object steadily when it is placed at an angle of 45 degrees from your eyes.

Understanding Field Sobriety Tests

Posted by Christopher Martens | Feb 01, 2024 | 0 Comments

Another thing he must keep in account is the age and weight of the suspect. If the suspect is an elderly and obese person, then the officer should administer the breathalyzer test only. Usually, overweight and elderly people have trouble with the field sobriety tests, making it tough for the officer to determine whether or not they are sober. They will not be able to keep their balance and might sway from side to side because of their obesity or age. Hence, the officer must not arrest an elderly or overweight suspect based on these tests and must conduct proper chemical tests to prove whether or not he or she is intoxicated.

The Police Stop

Posted by Christopher Martens | Feb 01, 2024 | 0 Comments

Should I call for a lawyer when charged with DUI? If you are charged with DUI, then you can call for a lawyer. An experienced lawyer will examine all the proof provided to him, including the results of the tests performed on you to make sure that your rights are safeguarded. You must speak to a qualified lawyer who knows about DUI laws in the area you live in, so he can guide you better.

Defending the Accused throughout California

Posted by Christopher Martens | Feb 01, 2024 | 0 Comments

When you or someone you love is charged with Vehicular Manslaughter PC 192(c) or 191.5(b), working with an experienced and local lawyer is always in your best interest. The sentencing for these charges, if convicted, can be very severe and may include steep fines, loss of license, and jail time.

Alcohol Effects on the Human Body & How its Absorption Rate Works

Posted by Christopher Martens | Jan 31, 2024 | 0 Comments

Though extremely complex, an attorney who is experienced in challenging California DUI cases can often argue absorption rate issues such as how much you had to eat that slowed down the rate of absorption, your body weight, and even your body's metabolism. By effectively arguing that you were of clear mind and essentially much more sober than your body's slow rate of alcohol absorption displayed through BAC results, it is extremely possible you could win your California DUI case

Challenging the Administering of FSTs

Posted by Christopher Martens | Jan 31, 2024 | 0 Comments

Just because a driver fails a sobriety test of any kind does not necessarily mean the evidence against them is insurmountable in any way. Often it is far better to remain silent, offer no comments or incriminating statements such as how many drinks you have had, and submit to whatever test the police officer requests. When it comes to DUI cases, except your own words, having what seems to be insurmountable evidence against you is quite often much better in your best interest rather than having had you refused to submit to any testing at all.

Visalia & Fresno DUI Defense Attorney

Posted by Christopher Martens | Jan 31, 2024 | 0 Comments

So, if you're one of the unfortunate folks who have been recently charged with DUI with injury in Visalia, California, no need to lose hope. Do a little research, find an excellent lawyer, and you very well might be moving forward with your life a lot sooner than you initially thought.

Your Rights When Submitting to a California DUI Breath Test

Posted by Christopher Martens | Jan 31, 2024 | 0 Comments

Although an experienced and skilled DUI attorney adept in California DUI law and the strategic defenses surrounding the challenges and the defense against them may sometimes be successful in defending a California breath test refusal charge, you and your attorney have a much greater chance in court if you submit to a breath test as required.

Our Experienced DUI Defense Lawyers Explain

Posted by Christopher Martens | Jan 31, 2024 | 0 Comments

Many California DUI defendants forego trial and plead guilty to their charges as a result of their belief in the accuracy and validity of the California DUI breath test result. Considering the possible implications of a Marijuana DUI conviction such as jail time, driving license suspension, and a criminal record, it's prudent to secure a California, Visalia DUI lawyer to attain the best possible defense. A competent and experienced criminal attorney can have charges dropped, help work out a plea bargain or even secure a temporary driving license. It's a pretty serious offense that can be charged as a misdemeanor or felony. The former carries a maximum sentence of one year and a fine—or both—if convicted, while the latter carries a maximum punishment of three years in state prison.

Spousal Abuse Accusation Defense in Visalia and Fresno and Bakersfield

Posted by Christopher Martens | Jan 31, 2024 | 0 Comments

Often, the victim will feel guilty for making the false claim and will try to reverse his or her comments to make things right. Unfortunately, at this point, it's too late to stop the charges once the investigation has started. It's important to remember that both men and women can make poor decisions when an intense domestic dispute takes place. Because of this and the negative consequences that can occur, you should never physically act when you are overemotional.

What is child endangerment?

Posted by Christopher Martens | Jan 31, 2024 | 0 Comments

According to California Law, under the Penal Code 273a PC, child endangerment involves exposing a child under 18 years of age to unjustifiable and unacceptable danger, suffering, or pain. An individual who exposes the child to an unreasonable and absurd risk of harm will be liable to be charged, ...

What do the Victims do?

Posted by Christopher Martens | Jan 31, 2024 | 0 Comments

Before you defend a person, you must learn everything about them, to ensure you are defending an innocent person. Often, domestic abusers are good at hiding their reality and can fake their innocence as well, so you need to be cautious when you choose a client. Moreover, you need to know the importance of asking the right questions at the right time to gain command over your case, so you can help your client win it and get protection from their abuser. Moreover, immigrants living in the U.S. need to know that the country's laws do protect them from abuse/violence and they can always make use of hotlines and shelters for reporting their abuse. Domestic violence can only be stopped once the victims become courageous enough to step out of their cocoon of insecurities and the State of California tries its best to accomplish this goal.

Domestic Violence and Immigrants

Posted by Christopher Martens | Jan 31, 2024 | 0 Comments

Both immigrant men and women are subjected to domestic violence, but immigrant women experience this problem more frequently. Immigrant women feel completely trapped in such abusive relationships because of immigration rules, social isolation, language barriers, and shortage of funds. Recently, a study carried out in NYC {New York City) on the issue of immigrant domestic violence, reported that about 51 percent of the victims of intimate-partner homicide cases were born in foreign countries and 45 percent originated from the U.S.

Are you a victim of Domestic Violence?

Posted by Christopher Martens | Jan 31, 2024 | 0 Comments

In the end, the attorney has a critical and ethical responsibility to respond accurately to their clients who may be a victim or perpetrators of domestic violence. With that, the entire client-attorney relationship is based on pure confidentiality. The lawyer should advise their client about criminal penalties, the right to appeal, rehearing, modification, and other associated details, especially in the case when court proceedings rule out against their favor. It is your responsibility as your client's attorney to assist your client in employing authentic knowledge about procedures and solutions to matters associated with domestic violence crimes and court proceedings. One of the best practices of a professional and experienced attorney is that he or she records everything in writing. In this way, it is easier for you and your client to refer back if ever the case has to be reviewed again.

What to do is Domestic Violence happens

Posted by Christopher Martens | Jan 31, 2024 | 0 Comments

For that, they should get a restraining order to prevent their abuser from talking to them. A restraining order is a command issued by the court that prohibits an abuser or accused person from talking, meeting, or getting in touch with the victim. There are various kinds of restraining orders and the victim should go through each one of them to find out which one suits their situation the best. 

What to do if you are inocent

Posted by Christopher Martens | Jan 31, 2024 | 0 Comments

If you find yourself tangled in a situation in which you believe and are sure that your current or former partner is wrongly accusing you of the domestic violence crime then the best way to start resolving such a critical issue is by hiring a professional and experienced attorney. Once you have an experienced attorney on your side, you can rely on his or her expertise to understand all major and minor realities of the situation and act smartly during the court proceedings. With that, you must remember not to engage in any sort of communication with the law enforcers, in the absence of your professional lawyer. Anything you say or the way you act with those personnel can be used against you in court and cause you to face more serious allegations than previously intended.

Penal Code 368 pc Elder Abuse

Posted by Christopher Martens | Jan 31, 2024 | 0 Comments

“Penal Code 368 makes it a crime to inflict physical abuse, emotional abuse, neglect, endangerment or financial fraud on a victim 65 years of age or older. The crime is usually charged against caregivers, but can also be charged against anyone who commits these sorts of offenses against a senior citizen victim.”

Penal Code 273d  Penal Code Child Abuse

Posted by Christopher Martens | Jan 31, 2024 | 0 Comments

According to the specified Penal Code of domestic violence, if a parent inflicts physical injury or abuse over his or her child as a means of punishment, or to refrain the child from adopting a dangerous action, then the parent is in serious trouble and will be charged as a convict. The accused may also have to suffer jail time for using “physical violence” against the child. Emotional violence is ruled out in this kind of Penal Code and it is referred to in another law.

Penal Code 243(e) (1) Penal Code Domestic Battery in Bakersfield California 

Posted by Christopher Martens | Jan 31, 2024 | 0 Comments

With that, there are possible defense strategies that can be used to waive off the misdemeanor charges associated with the specified Penal Code of domestic violence crime. For that, if the defendant manages to prove that he or she has been wrongly accused, has acted in that way as a means of self-defense, or the incident took place as an accident, this Penal Code may not apply to them since it requires a “willful” action of domestic violence.

DON'T LOSE YOUR GUN RIGHTS

Posted by Christopher Martens | Jan 30, 2024 | 0 Comments

If you live in Bakersfield California and are charged with Domestic Violence you are in danger of losing your Second Amendment rights.   The only way to preserve your constitutional right to keep and bear arms is to get your domestic violence case dismissed.  Meet with an attorney at our Bakersfield office to learn how to protect your rights.  

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