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...
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...