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Can I Appeal a Trial Verdict?

Posted by Christopher Martens | Oct 16, 2017 | 0 Comments

When Courts Get It Wrong Sometimes courts make mistakes. When those mistakes happen, wrongfully convicted criminal defendants might have a right to appeal a trial verdict. As long as the defendant has grounds, he or she may file an appeal. The ground is the legally justified for the appeal. If yo...

Do I Have to Be Present at My DMV Hearing?

Posted by Christopher Martens | Oct 10, 2017 | 0 Comments

Appearing at Your Hearing If you are facing proceedings with the California Department of Motor Vehicles, you probably want to know what to expect. Many people have never been to an administrative hearing of any kind. Without knowing what to expect, it's hard to prepare, which can hurt your chanc...

How Many Driving Points Will I Get for a DUI?

Posted by Christopher Martens | Oct 02, 2017 | 0 Comments

The Points Add Up Among the many consequences of a DUI conviction, you will become involved with the California Department of Motor Vehicles, which oversees your driving privileges. The DMV will handle your Administrative Per Se license suspension, which is an automatic license suspension that ta...

Domestic Violence Convictions and Your Career

Posted by Christopher Martens | Sep 25, 2017 | 0 Comments

The Effect of a Criminal Conviction on Your Career A domestic violence conviction isn't like any other criminal conviction. Domestic violence carries a stigma with it that is hard to shake. Even more so than assault, domestic violence offenses are seen as particularly immoral given the nature of ...

Defenses to an Evading an Officer Charge

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

Willful Evasion When it comes to law enforcement, police officers have immense power and authority. Because of their unique status in society, crimes that obstruct their duties or harm them in some way are punished severely. Evading an officer is one such criminal offense that isn't taken lightly...

Record Cleaning: When Knowledge Is Power

Posted by Christopher Martens | Sep 19, 2017 | 0 Comments

Record cleaning is a growing service industry. The number of Americans with criminal records is rising. Some studies claim up to 1/3 of all working-age adults has a criminal record. Given this figure, it seems unfair for an employer to make a hiring decision based off of a criminal record. But th...

The Burden of Proof in DMV Hearings

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

DMV administrative hearings are much like criminal court hearings. They take place before a hearing officer—rather than a judge—and involve the presentation of evidence and argument to establish facts. Those facts, when coupled with a review of the law, often result in a decision being made as to...

Who Oversees a DMV Hearing?

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

Legal Proceedings DMV hearings are administrative proceedings separate from the criminal court. Generally speaking, a hearing is a brief proceeding used to establish certain facts or issues relevant to the case. Typically, a hearing involves both the presentation of evidence and arguments. On the...

How Do I Find Out if My License Is Suspended?

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

Driving on a suspended license is a serious offense in California that can result in fines and even jail time. But believe it or not, many people are caught driving on a suspended license and argue they didn't know about the suspension. To make sure you aren't caught unaware, you should learn abo...

What Are 40509.5 Holds?

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

The Initial Hold Counties across California can issue steep fines for even minor traffic violations. And when you can't pay those fines—or go to court to contest them—you put your license at risk. 40509.5 is the legal code section that permits the traffic court to tell the DMV to put a hold on yo...

Understanding Your Right to Due Process

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

An Important Right Your right to due process is protected under the U.S. Constitution. This is an important right to understand because it protects you on all levels of government, including the state government in California. This right ensures that without fair judicial proceedings, you cannot ...

Stay Informed: Summer Sobriety Checkpoints

Posted by Christopher Martens | Aug 30, 2017 | 0 Comments

Summertime Sobriety Checkpoints Sobriety checkpoints are ubiquitous in summer months across the State of California. Summer, with its holidays, festivals, and other events and activities, can result in more drunk drivers on the road. California operates around 2,500 sobriety checkpoints across th...

DUI Accidents: The Consequences of a Conviction

Posted by Christopher Martens | Aug 24, 2017 | 0 Comments

A DUI With Complications Many factors can affect a DUI case in California. One of the more significant ones is whether you caused an accident, injured someone, or damaged property while driving under the influence. If you caused a minor accident and no one was injured, you will probably only face...

How to Fight Your Negligent Operator Status

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

When Your Status Changes The California Department of Motor Vehicle's Negligent Operator Treatment System keeps tabs on all Californian drivers. Acting as a centralized database of driving records, the system assigns points for driving code violations and accidents and takes action when a driver ...

Can I Expunge a Felony From My Record?

Posted by Christopher Martens | Aug 16, 2017 | 0 Comments

Removing Evidence of Serious Offenses California recognizes two main types of criminal offenses: misdemeanors and felonies. Between the two, felonies are more serious, and misdemeanors are less serious. Not surprisingly, a felony conviction can hold you back in many ways and haunt you for the res...

What Factors Determining Sentence for Theft?

Posted by Christopher Martens | Aug 14, 2017 | 0 Comments

Theft is a prevalent crime in California. How a defendant is sentenced for a theft conviction depends on many factors. There are two main theft crimes in California: grand theft and petty theft. Each is sentenced differently. Petty theft is typically charged as a misdemeanor. Misdemeanors are typ...

Defenses to Driving on a Suspended License Charge

Posted by Christopher Martens | Aug 10, 2017 | 0 Comments

Driving Without the Right The California Department of Motor Vehicles (DMV) can suspend or revoke your license for many reasons, some of which are unrelated to driving. Many people need a car to get around California where public transportation is lacking, and this creates a problem. If you need ...

What Does “Accessory After the Fact” Mean?

Posted by Christopher Martens | Aug 08, 2017 | 0 Comments

In California, you can be charged with a crime if you help—in any way—a felon avoid getting in trouble. Helping someone who has committed a felony avoid the authorities or prosecution is referred to as being an accessory after the fact. The legal definition of “accessory after the fact” is harbor...

Offensive Touching and Domestic Violence Charges

Posted by Christopher Martens | Aug 04, 2017 | 0 Comments

The Domestic Violence Threshold Domestic violence is one of the lesser-understood types of California criminal charges, in part because so many different actions can be considered domestic violence and there doesn't necessarily need to be hard proof of violence. A prosecuting attorney can file do...

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