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...
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...