Posted by Christopher Martens | Feb 09, 2018 |
A Common Method of Revenge
We've all been mad enough at someone to damage their property. Not everyone acts on these feelings, but those that do can face criminal charges. Keying someone's car is a common revenge tactic. It seems simple enough. Cars are accessed easily. We often carry keys with u...
Posted by Christopher Martens | Feb 07, 2018 |
Weighing the Victim's Word Against Yours
Domestic violence offenses are unique because, in a court of law, the most powerful evidence is sometimes testimony from the alleged victim and abuser. And when it's the victim's word against yours, it's harder to defend yourself.
Not surprisingly, the vic...
Posted by Christopher Martens | Feb 05, 2018 |
California Domestic Violence Classes: Benefit or Burden?
The criminal courts order all those convicted of domestic violence offenses attend California domestic violence classes for 52 weeks. These classes are part of Batterers Intervention Programs, which aim to rehabilitate offenders. Far from a...
Posted by Christopher Martens | Feb 01, 2018 |
How California Sentencing Guidelines Determine Penalties for Crimes
Many people facing criminal charges have one thought at the front of their mind: will the judge go easy on me or will I get a harsh sentence? This is a crucial question because sentencing for a California criminal conviction can ...
Posted by Christopher Martens | Jan 30, 2018 |
If You Have an Outstanding Warrant, You Need to Take Action
Having an outstanding warrant puts you at risk of being arrested. With a warrant, police can arrest you at any time in any place. It's difficult to live your normal life not knowing when and where you will be arrested. If you think you h...
Posted by Christopher Martens | Jan 26, 2018 |
Mistaken Identification Is More Common Than You Think
Victim and eyewitness accounts are sometimes the only element linking a crime to an alleged perpetrator. Unfortunately, innocent people can be victims of mistaken identification when those accounts are wrong. And this happens all too frequentl...
Posted by Christopher Martens | Jan 24, 2018 |
Clear and Convincing Proof
Deoxyribonucleic acid (DNA) is a molecule that contains our unique genetic code. Specific to the individual (or individuals in the case of identical twins), DNA is reliable enough to be used in a court of law. A person's DNA is constant, meaning it can be used to solve ...
Posted by Christopher Martens | Jan 22, 2018 |
Your Options for Appearing in Court
It's important to prepare for and attend your court dates if you are facing criminal charges. If you do not show up at your hearings, the judge can issue a bench warrant against you to compel you to go to court. Also, without going to court, your case can take ...
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 ...