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Marijuana DUIs: Timelines and Tests

Posted by Christopher Martens | Dec 29, 2017 | 0 Comments

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...

Defining Relationships: Building a DV Defense

Posted by Christopher Martens | Dec 27, 2017 | 0 Comments

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...

What Is Dissuading a Witness?

Posted by Christopher Martens | Dec 21, 2017 | 0 Comments

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...

What Is a Sentence Commutation?

Posted by Christopher Martens | Dec 15, 2017 | 0 Comments

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...

What Is a Driver’s License Checkpoint?

Posted by Christopher Martens | Dec 13, 2017 | 0 Comments

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'...

Field Sobriety Tests: Does Everyone Fail?

Posted by Christopher Martens | Dec 11, 2017 | 0 Comments

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 ...

Will My Driving Record Affect My DUI DMV Case?

Posted by Christopher Martens | Dec 07, 2017 | 0 Comments

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...

5 Things You Should Never Do At a DMV Hearing

Posted by Christopher Martens | Dec 05, 2017 | 0 Comments

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 ...

How to Subpoena for Evidence in Your DUI Case

Posted by Christopher Martens | Dec 01, 2017 | 0 Comments

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 ...

Labor and Employment-Based Jail Alternatives

Posted by Christopher Martens | Nov 27, 2017 | 0 Comments

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...

What Is Offensive Touching?

Posted by Christopher Martens | Nov 21, 2017 | 0 Comments

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...

Internal Injuries and Corporal Injury Charges

Posted by Christopher Martens | Nov 07, 2017 | 0 Comments

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...

A Look at the Use of Warrants During DUI Stops

Posted by Christopher Martens | Nov 03, 2017 | 0 Comments

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...

Serious Juvenile Offenses and Record Sealing

Posted by Christopher Martens | Nov 01, 2017 | 0 Comments

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...

Challenging Your Accuser’s Exaggerated Claims

Posted by Christopher Martens | Oct 26, 2017 | 0 Comments

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...

Do I Need an Attorney for a Traffic Ticket?

Posted by Christopher Martens | Oct 20, 2017 | 0 Comments

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...

Should I Always Accept a Plea Bargain?

Posted by Christopher Martens | Oct 18, 2017 | 0 Comments

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...

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