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How Judges Determine Bail

Posted by Christopher Martens | Jan 18, 2018 | 0 Comments

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...

Dram Shop Laws: Finding the Liability

Posted by Christopher Martens | Jan 16, 2018 | 0 Comments

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 ...

Why Are Sobriety Checkpoints Legal?

Posted by Christopher Martens | Jan 12, 2018 | 0 Comments

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 ...

Want to Defend Yourself? Read This First

Posted by Christopher Martens | Jan 10, 2018 | 0 Comments

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...

Criminal Intent: What It Means and Why It Matters

Posted by Christopher Martens | Jan 08, 2018 | 0 Comments

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 ...

The True Costs of a Domestic Violence Conviction

Posted by Christopher Martens | Jan 02, 2018 | 0 Comments

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...

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...

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