Background Check Basics Today, almost anyone with a credit card and Internet access can run a background check on someone. It's not surprising that most employers, landlords, and lenders run background checks on applicants. If you have a criminal conviction on your record, this poses a problem. U...
Tracking Unsafe Drivers To keep tabs on dangerous drivers, the California Department of Motor Vehicles (DMV) operates the Negligent Operator Treatment System (NOTS). Under the NOTS, the DMV assigns points to traffic code violations that involve or affect safely operating a vehicle. These points a...
DUIs and Missed Opportunities The consequences of a California DUI conviction are far reaching. Missing out on certain employment opportunities is just one of them. Driving for rideshare services such as Uber and Lyft is an easy way to make some extra money, but a DUI conviction can jeopardize yo...
Injuries Matter In domestic violence cases, the victim's injuries or lack thereof play a significant role in how a defendant is charged and sentenced. Because not all domestic violence victims sustain injuries, California law distinguishes between two types of domestic violence charges: spousal b...
Increased Punishments In the midst of ongoing changes in the California Department of Justice and Department of Corrections and Rehabilitations, many penalties for non-violent crimes have been reduced. Penalties for offenses involving certain date rape drugs, however, have increased. Possession o...
An Administrative Review A California driver who has received notice from the DMV regarding action taken against his or her driving privileges (e.g. a suspension) may request an administrative hearing to challenge the action. Administrative hearings differ from court hearings in several ways. The...
Moving on From Past Mistakes When on the hunt for a job, mistakes made in your youth shouldn't hold you back. Fortunately, there are protections in place to prohibit most California employers from considering your juvenile criminal history when making a decision on whether or not to hire you. Let...
The Penalties for Points Think driving is a right? Think again. In California, driving is a privilege. And if you take advantage of that privilege, it can be suspended or revoked. If you continue to drive and accumulate more points on your driving record while your privilege is suspended or revok...
When the Key Witness Won't Speak In domestic violence cases, the victim plays an influential role. Often, it is the victim who notifies law enforcement and provides necessary information regarding the offense. If the police decide to file a report, this commences the domestic violence case proces...
A Conviction Can Follow You Wherever You Go The law holds people accountable no matter where they are. You are just as susceptible to criminal charges when vacationing or traveling as you are in your home state. Many Californians learn this the hard way and are convicted of crimes when traveling ...
Drugged Driving Under California law, it is illegal to drive under the influence of any drug, under Vehicle Code 23152 (f). With the advent of medical and now recreational marijuana, authorities have stressed this section of California DUI law in an attempt to dissuade drugged driving. But ...
Is it Possible to Avoid a DV Conviction? False accusations of domestic violence are not uncommon. Unfortunately, once the police have been notified, there is little, if anything, the defendant or the alleged victim can do to stop the case. So what happens when there isn't enough evidence to convi...
Picking the Punishment When sentencing a person for a felony conviction, judges must use their discretion to impose a sentence that is fair and just given the specific circumstances of the crime. For many felony crimes, the judge must issue a sentence within a range of possible imprisonment, with...
Restraining Order Duration Periods Restraining orders are commonly issued in cases involving crimes such as assault, harassment, and domestic violence. They can also be issued in certain family law matters. A judge can issue one of a few types of restraining orders, each of which may remain in e...
Having a criminal record can complicate job hunting. Most employers run background checks on potential employees, and if you don't know what information they can see, it can be nerve-wracking to the say the least. You can save yourself some uncertainty by obtaining a copy of your criminal record ...
Where's the Evidence? We like to think that hard evidence is necessary in order to file charges against or convict someone in a criminal court. But this belief in justice can leave you unprepared for the reality of domestic violence cases. Typically, sufficient evidence is required to take legal ...
Steps Prior to Trial There are many stages in a DUI criminal case, beginning with the arrest and ending, in some cases, with a trial. Now, not all cases that are on the trial track actually make it there. In many criminal cases, a deal can be worked out before trial, thus saving both the defense ...
Employers' Rights If you have a criminal conviction, convincing someone to hire you can be challenging. Even if you already have a job and are convicted of a crime, your livelihood may be at stake. Generally speaking, an employer has the right to ask for written consent to perform investigative c...
Two Actions: The DMV and the Court As part of any DUI case, there are two separate legal processes taking place: the criminal court process and the DMV process. The DMV process is administrative. Unless you request a DMV administrative review hearing, the DMV will automatically suspend your licen...
Pathways to Early Release California's prison system is one of the most crowded in the nation. Amidst severe overcrowding and enormous costs, California took steps to reduce the statewide inmate population to alleviate these problems. Despite the drastic situation, this reduction could only happe...
A Critical Decision Reports of domestic violence are taken very seriously. When responding to a domestic violence call, it can be difficult for law enforcement to know who is the victim and who is the abuser. Nevertheless, responding officers often make an arrest to prevent further violence from ...
A Favorable Exchange In certain criminal cases, a defendant, or, more likely, his or her attorney, may be able to negotiate a plea bargain. A plea bargain is essentially a deal between the defendant and the prosecuting attorney. Typically, the defendant receives a lesser charge in exchange for a ...
Traffic School and the Point System The California Department of Motor Vehicles (DMV) maintains driving records for all California drivers, including commercial drivers. Driving points are assigned to driving records for certain offenses. The driving point system also called the Negligent Operato...
Bearing the Burden The U.S. judicial system relies on strict procedures to ensure justness and fairness. There are legal standards that must be met before a judgment can be made. These standards are particularly important to criminal defendants. Criminal defendants are presumed innocent until the...
When Your Job Is at Stake CDL holders are held to a higher standard than non-commercial vehicles, both on and off-duty. Needless to say, CDL holders must be extra careful on the road at all times. Commercial drivers can face more than just a fine if they get a traffic citation; they can face disc...
We focus on defending clients accused of Domestic Violence and Driving Under the Influence (DUI), two of the most aggressively prosecuted charges in California. Every case starts with listening. We take the time to understand your situation, your concerns, and your goals so we can build a defense strategy tailored specifically to you. If you are under investigation or have already been charged, do not wait. Early action can make a critical difference in your case. Contact us today for a confidential consultation.
