Posted by Christopher Martens | Dec 29, 2017 |
How Many Tests Does it Take?
It is illegal to drive under the influence of marijuana in California. Those that do can face DUI charges and all the potential penalties of a California DUI. But marijuana DUI cases differ from alcohol DUI cases in some respects. The legal elements the prosecuting at...
Posted by Christopher Martens | Dec 27, 2017 |
Defining the Nature of the Relationship
Under California law, certain crimes can be charged as domestic violence crimes if the victim had an intimate or familial relationship with the defendant. Because domestic violence convictions have serious consequences, it's important to understand just wha...
Posted by Christopher Martens | Dec 21, 2017 |
Stopping Justice
Crimes against public justice are taken very seriously. California criminal courts and law enforcement agencies rely on certain rights and liberties to serve their purpose effectively. One of these is obtaining testimony from witnesses of crimes. Witness testimony can play a sign...
Posted by Christopher Martens | Dec 19, 2017 |
Injury Without Intent
When it comes to domestic violence charges in California, the penalties the court will impose will increase if the alleged victim suffered an injury. In fact, a single injury sustained can turn misdemeanor domestic violence charges into felony domestic violence charges. Many...
Posted by Christopher Martens | Dec 15, 2017 |
A Chance for Relief
Being sentenced to prison for a crime is a life-changing event. While California is undergoing legal reform, many crimes still carry with them inappropriately long sentences. Whether a long sentence helps inmates reform their ways is debatable. Fortunately, there are some thin...
Posted by Christopher Martens | Dec 13, 2017 |
An Arbitrary Stop
Unlike some states, California permits law enforcement to conduct driver checkpoints on state highways. The checkpoints are used to identify drivers who are under the influence but can also be used to identify drivers who do not have valid licenses. You must have a valid driver'...
Posted by Christopher Martens | Dec 11, 2017 |
A Standard Set of Tests
California law enforcement uses standardized field sobriety tests during roadside DUI stops. The tests, which are little understood, do not garner much public support. Many claim they are invasive and are designed to fail. Many factors can influence their reliability, and ...
Posted by Christopher Martens | Dec 07, 2017 |
A Bad Track Record
California courts take DUI cases seriously. The court imposes mandatory minimum penalties and rarely exercises leniency when it comes to sentencing defendants. And if there are any aggravating factors, those penalties increase even more. One such factor that can influence the o...
Posted by Christopher Martens | Dec 05, 2017 |
Don't Sabotage Your Chances
You should be at your best at your DMV DUI hearing. A lot is at stake, and you only have a limited amount of time to prove your license should not be suspended. To give you a better chance of prevailing, here are five things you absolutely shouldn't do at your DMV DUI ...
Posted by Christopher Martens | Dec 01, 2017 |
A subpoena is an order used to obtain evidence for a court case. You, as the defendant, have a right to present evidence to the court in your defense. You can use a subpoena to get this evidence. The prosecuting attorney also has the right to gather and submit evidence. If you take your DUI case ...
Posted by Christopher Martens | Nov 29, 2017 |
Navigating Your DMV Case
The California Department of Motor Vehicles suspends the license of anyone arrested for a DUI. The suspension is automatic under the Admin Per Se law. The suspension starts 30 days after the date of the arrest. This process is separate from the criminal court process. Eve...
Posted by Christopher Martens | Nov 27, 2017 |
Finding a Way Out
When people are facing criminal charges, one of their first thoughts is “will I go to jail?” Understandably, the answer to this question can have a huge impact on your life. Jail can affect your ability to work, take care of your family, and maintain your ties to your community...
Posted by Christopher Martens | Nov 21, 2017 |
When Touching Crosses the Line
Battery is a common California criminal charge. One of the reasons it is so common is the statutory language covering battery law casts a wide net. The law is not written to cover just acts of violence such as punching someone and giving them a black eye. In fact, C...
Posted by Christopher Martens | Nov 17, 2017 |
Getting the Information You Need
When facing criminal charges, you should obtain all relevant information about your case, including documents and other pieces of evidence and testimony. Having as much information as you can help you build a strategic defense. Without knowing what you are up agai...
Posted by Christopher Martens | Nov 15, 2017 |
Who Is the Victim?
People typically think of domestic violence as a crime between two intimate partners such as spouses, girlfriends, or boyfriends. In reality, California domestic violence laws are more comprehensive. Under California law, an act of violence or abuse can be considered domestic v...
Posted by Christopher Martens | Nov 13, 2017 |
Commercial Risks
Class C commercial drivers' licenses permit you to drive a wide range of heavy load, two and three axle vehicles as well as those carrying hazardous materials. Vital to our economy, these drivers help support many industries such as logistics, construction, and energy. If you hav...
Posted by Christopher Martens | Nov 09, 2017 |
New Technologies for New Law Enforcement Problems
California is one of the many states that use sobriety checkpoints to crack down on DUIs. Typically, motorists who are stopped are asked a few questions and may be asked to submit to a field sobriety test or a blood alcohol concentration (BAC) tes...
Posted by Christopher Martens | Nov 07, 2017 |
Investigating Injuries
Corporal injury to a spouse is one of the more serious California domestic violence charges. It differs from domestic battery in that the alleged victim must have suffered a traumatic condition for the defendant to be guilty. Loosely defined, a traumatic condition is an inj...
Posted by Christopher Martens | Nov 03, 2017 |
Your Rights and Protections
Both State and Federal Constitutions protect you from unreasonable search and seizure. Legally defined, unreasonable search and seizure is a search without a warrant or probable cause. But in California DUI stops, it is not uncommon for this right to be violated or sid...
Posted by Christopher Martens | Nov 01, 2017 |
Moving on From Your Early Mistakes
Making a mistake in your youth shouldn't reflect on your character as an adult. But a juvenile record can follow you into adulthood. Courts, law enforcement, employers, landlords, and other agencies may have access to your juvenile records. While some records of...
Posted by Christopher Martens | Oct 30, 2017 |
Complicating Factors
Domestic battery is one of California's domestic violence offenses. Battery is a misdemeanor charge. Although misdemeanors are less serious than felonies, there are certain things that can increase the seriousness of a battery charge. In light of such aggravating circumstance...
Posted by Christopher Martens | Oct 26, 2017 |
When Things Get Out of Hand
In domestic violence cases, the prosecution process often begins with the alleged victim calling law enforcement. The word of the victim will be taken seriously, and, in most cases, the alleged abuser will be arrested. False accusations are not uncommon in California d...
Posted by Christopher Martens | Oct 24, 2017 |
Two Possibilities
Certain domestic violence offenses are considered wobbler crimes. In California, wobbler crimes are those that can be charged as either misdemeanors or felonies. In wobbler crime cases, the prosecuting attorney can decide to file charges as a misdemeanor or a felony. How the pro...
Posted by Christopher Martens | Oct 20, 2017 |
An Attorney for a Ticket?
Traffic tickets in California can come with steep fines and penalty assessments. When coupled with long-term effects on your insurance rates, a simple traffic ticket can be a very costly mistake you'll pay for over years. Needless to say, getting a ticket is stressful, a...
Posted by Christopher Martens | Oct 18, 2017 |
An Agreement Between the Defendant and the Prosecution
A plea bargain is an agreement between the defendant and the prosecution where the defendant agrees to plead guilty to certain charges in exchange for dropping or reducing certain charges or a lesser sentence. Plea bargains can be favorable t...