Posted by Christopher Martens | Mar 13, 2018 |
Seeking DUI Advice
If you are facing DUI charges, you might be looking for advice on how to handle your case. Unfortunately, not all advice is good advice. Family, friends, and even attorneys can give you bad advice about DUI charges. But a good attorney will tell you every case is different, and...
Posted by Christopher Martens | Mar 09, 2018 |
Looking for Legal Guidance When Facing Charges
If you're facing criminal charges, one of the best investments of your time is a criminal defense consultation. If you have an upcoming criminal defense consultation, be aware of the fact that not all attorneys are created equal. This is especially t...
Posted by Christopher Martens | Mar 07, 2018 |
Managing Expectations
A domestic violence (DV) conviction has many serious repercussions. Unfortunately, many defendants fail to realize them until it's too late. If you're facing domestic violence charges, keep these unexpected consequences of DV convictions in mind:
A DV Conviction Will Impa...
Posted by Christopher Martens | Mar 05, 2018 |
A DUI Can Ruin Your Life
For many, a DUI is a life-changing experience. A DUI conviction can be a wake-up call. After the stressful experience of an arrest, you also face jail time, the loss of your license, and enormous costs. The good news is facing DUI charges doesn't necessarily mean you will...
Posted by Christopher Martens | Mar 01, 2018 |
Crossing the Line
We've all heard the saying “talk is cheap.” In reality, talking has the potential to be very expensive if it is threatening. If you are charged with criminal threats in California, you can face jail time, steep fines, probation, and a protection order, which will come with great...
Posted by Christopher Martens | Feb 27, 2018 |
What Is a Criminal Traffic Ticket?
DUI (driving under the influence) is a criminal offense in California. Some jurisdictions used to view driving under the influence or driving while intoxicated an aggravated traffic citation. But, today, a DUI in California is charged as a misdemeanor or a felon...
Posted by Christopher Martens | Feb 23, 2018 |
DUI Outcomes Explained
Moving on after a DUI conviction can be difficult. DUI outcomes aren't easy, nor is the experience of being arrested for a DUI easy to forget. But countless others have been in your shoes and have moved on with their lives. Among the many consequences of a DUI are jail time...
Posted by Christopher Martens | Feb 21, 2018 |
Defining the Right to Due Process
Despite what many people argue, our constitutional rights are still relevant today. One, in particular, the right to due process, is especially important. Protected under the Fifth and Fourteenth Amendment, our right to due process means we cannot be convicted of...
Posted by Christopher Martens | Feb 15, 2018 |
California DUI Arrests Are Prevalent
Facing DUI charges in California? You're not alone. California DUI arrests are very common. In fact:
In 2013, there were 160,388 California DUI arrests.
In 2016, the California Department of Motor Vehicles suspended 134,595 licenses due to drunk driving u...
Posted by Christopher Martens | Feb 13, 2018 |
With each New Year come new laws. In 2018, California made many changes to laws, but here are the ones that will change the criminal defense landscape in particular.
Employers are banned from asking about prior convictions on job applications. This is part of the “Ban the Box” initiative. The ...
Posted by Christopher Martens | Feb 09, 2018 |
A Common Method of Revenge
We've all been mad enough at someone to damage their property. Not everyone acts on these feelings, but those that do can face criminal charges. Keying someone's car is a common revenge tactic. It seems simple enough. Cars are accessed easily. We often carry keys with u...
Posted by Christopher Martens | Feb 07, 2018 |
Weighing the Victim's Word Against Yours
Domestic violence offenses are unique because, in a court of law, the most powerful evidence is sometimes testimony from the alleged victim and abuser. And when it's the victim's word against yours, it's harder to defend yourself.
Not surprisingly, the vic...
Posted by Christopher Martens | Feb 05, 2018 |
California Domestic Violence Classes: Benefit or Burden?
The criminal courts order all those convicted of domestic violence offenses attend California domestic violence classes for 52 weeks. These classes are part of Batterers Intervention Programs, which aim to rehabilitate offenders. Far from a...
Posted by Christopher Martens | Feb 01, 2018 |
How California Sentencing Guidelines Determine Penalties for Crimes
Many people facing criminal charges have one thought at the front of their mind: will the judge go easy on me or will I get a harsh sentence? This is a crucial question because sentencing for a California criminal conviction can ...
Posted by Christopher Martens | Jan 30, 2018 |
If You Have an Outstanding Warrant, You Need to Take Action
Having an outstanding warrant puts you at risk of being arrested. With a warrant, police can arrest you at any time in any place. It's difficult to live your normal life not knowing when and where you will be arrested. If you think you h...
Posted by Christopher Martens | Jan 26, 2018 |
Mistaken Identification Is More Common Than You Think
Victim and eyewitness accounts are sometimes the only element linking a crime to an alleged perpetrator. Unfortunately, innocent people can be victims of mistaken identification when those accounts are wrong. And this happens all too frequentl...
Posted by Christopher Martens | Jan 24, 2018 |
Clear and Convincing Proof
Deoxyribonucleic acid (DNA) is a molecule that contains our unique genetic code. Specific to the individual (or individuals in the case of identical twins), DNA is reliable enough to be used in a court of law. A person's DNA is constant, meaning it can be used to solve ...
Posted by Christopher Martens | Jan 22, 2018 |
Your Options for Appearing in Court
It's important to prepare for and attend your court dates if you are facing criminal charges. If you do not show up at your hearings, the judge can issue a bench warrant against you to compel you to go to court. Also, without going to court, your case can take ...
Posted by Christopher Martens | Jan 18, 2018 |
Setting Bail
Bail is money paid to the court to secure a defendant's appearance at future court proceedings. When the judge sets the bail amount, the defendant can pay it directly or with the help of a bail bond company. Once bail is paid—called posting bail—the defendant is released from custody...
Posted by Christopher Martens | Jan 16, 2018 |
Whose Fault Is It?
DUI cases are handled in criminal courts. But sometimes DUI cases involve claims in the civil court as well, specifically personal injury claims. If someone harmed someone else while driving impaired, he or she could potentially be held liable in a civil suit. This means he or ...
Posted by Christopher Martens | Jan 12, 2018 |
Sobriety Checkpoint Laws
Many states have ruled that sobriety checkpoints are unconstitutional and illegal. The State of California, however, does allow law enforcement to conduct sobriety checkpoints. In fact, California operates thousands of checkpoints every year.
But what makes them legal in ...
Posted by Christopher Martens | Jan 10, 2018 |
Looking for Representation
While every criminal case is different, there are some universals. For example, it's generally a bad idea to represent yourself in a criminal action. It's easy enough for criminal defense attorneys to simply say it's unwise to do. But explaining why it is a bad idea wi...
Posted by Christopher Martens | Jan 08, 2018 |
Why the Mind Matters
We've all heard of criminal intent. But what does it mean, and why does it matter? In many cases, you must have intent to commit a crime to be found guilty of it. People who attempt to commit a crime can be charged with it even if they were not successful as long as they had ...
Posted by Christopher Martens | Jan 04, 2018 |
A Look at Your Options
Cleaning your record can help you move on with your life after a criminal conviction. In California, those with misdemeanor offenses can petition to have their conviction dismissed. But if you have a felony conviction and were sentenced to prison or otherwise put under the ...
Posted by Christopher Martens | Jan 02, 2018 |
It All Adds Up
A domestic violence conviction will cost you. Not only will you face court-imposed penalties as part of your sentence or a condition of your probation, you will have to deal with the aftermath of a stigmatized conviction for many years to come. To better understand the true costs o...