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...
Posted by Christopher Martens | Oct 16, 2017 |
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...
Posted by Christopher Martens | Oct 12, 2017 |
Get a Stay to Stay on the Road
Once you're arrested for a DUI, the countdown to your license suspension begins. The arresting officer will give you a notice of your suspension, which states your suspension will go into effect in 30 days. Inaction is the quickest route to losing your license. If y...
Posted by Christopher Martens | Oct 10, 2017 |
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...
Posted by Christopher Martens | Oct 06, 2017 |
When the Deck is Stacked Against You
When you are being prosecuted for a crime, many factors can influence your case. The facts and circumstances of your offense can influence how the prosecuting attorney files the charge. And many additional factors can influence how the judge sentences you.
Amo...
Posted by Christopher Martens | Oct 04, 2017 |
Specialists vs. Generalists
Licensed attorneys can provide legal advice on a wide range of legal topics. They are trained to interpret and apply the law. Although laws vary from issue to issue, attorneys have the general skills needed to practice law. At the same time, people who seek the help of...
Posted by Christopher Martens | Oct 02, 2017 |
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...
Posted by Christopher Martens | Sep 25, 2017 |
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 ...
Posted by Christopher Martens | Sep 21, 2017 |
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...
Posted by Christopher Martens | Sep 19, 2017 |
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...
Posted by Christopher Martens | Sep 15, 2017 |
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...
Posted by Christopher Martens | Sep 13, 2017 |
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...
Posted by Christopher Martens | Sep 11, 2017 |
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...
Posted by Christopher Martens | Sep 07, 2017 |
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...
Posted by Christopher Martens | Sep 05, 2017 |
Lifting Restrictions
Probation is a common penalty for criminal convictions. Many crimes can result in one to three years of probation, during which time the defendant is subject to certain restrictions and requirements. Violating the terms of your probation can result in a longer probation perio...
Posted by Christopher Martens | Sep 01, 2017 |
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 ...
Posted by Christopher Martens | Aug 30, 2017 |
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...
Posted by Christopher Martens | Aug 28, 2017 |
When You Are at a Disadvantage
Being convicted of a crime is a life-altering event. Not only will you be punished by the criminal court, but you will also carry that conviction with you the rest of your life in the form of a criminal background. And, unfortunately, many people can access that inf...
Posted by Christopher Martens | Aug 24, 2017 |
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...