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...
Posted by Christopher Martens | Aug 22, 2017 |
Know Your Rights
Californians possess many rights when it comes to when and how a criminal conviction can be held against them for employment purposes. At this point, most non-governmental employers cannot inquire about a conviction that has been expunged or an arrest that did not end in a convic...
Posted by Christopher Martens | Aug 18, 2017 |
When Your Status Changes
The California Department of Motor Vehicle's Negligent Operator Treatment System keeps tabs on all Californian drivers. Acting as a centralized database of driving records, the system assigns points for driving code violations and accidents and takes action when a driver ...
Posted by Christopher Martens | Aug 16, 2017 |
Removing Evidence of Serious Offenses
California recognizes two main types of criminal offenses: misdemeanors and felonies. Between the two, felonies are more serious, and misdemeanors are less serious. Not surprisingly, a felony conviction can hold you back in many ways and haunt you for the res...
Posted by Christopher Martens | Aug 14, 2017 |
Theft is a prevalent crime in California. How a defendant is sentenced for a theft conviction depends on many factors. There are two main theft crimes in California: grand theft and petty theft. Each is sentenced differently.
Petty theft is typically charged as a misdemeanor. Misdemeanors are typ...
Posted by Christopher Martens | Aug 10, 2017 |
Driving Without the Right
The California Department of Motor Vehicles (DMV) can suspend or revoke your license for many reasons, some of which are unrelated to driving. Many people need a car to get around California where public transportation is lacking, and this creates a problem. If you need ...
Posted by Christopher Martens | Aug 08, 2017 |
In California, you can be charged with a crime if you help—in any way—a felon avoid getting in trouble. Helping someone who has committed a felony avoid the authorities or prosecution is referred to as being an accessory after the fact.
The legal definition of “accessory after the fact” is harbor...
Posted by Christopher Martens | Aug 04, 2017 |
The Domestic Violence Threshold
Domestic violence is one of the lesser-understood types of California criminal charges, in part because so many different actions can be considered domestic violence and there doesn't necessarily need to be hard proof of violence. A prosecuting attorney can file do...
Posted by Christopher Martens | Aug 02, 2017 |
When Your Career Is on the Line
The future of freight is changing as the push to get self-driving trucks on the road continues. Eventually, freight truckers might face job insecurity because of this new technology, but until we reach that point, truckers are a vital part of our economy.
Freight...
Posted by Christopher Martens | Jul 31, 2017 |
How Public Opinion Can Affect Criminal Court Proceedings
In recent years, there has been growing public outcry over California courts handing down lenient sentences for domestic violence crimes. From the protests that stemmed from the March 2016 sentencing of Brock Turner, the Stanford student wh...
Posted by Christopher Martens | Jul 27, 2017 |
What Is the Maximum Sentence?
California recognizes three categories of criminal offenses: infractions, misdemeanors, and felonies.
Infractions are the least serious and aren't considered true criminal convictions. Many infractions are simple traffic citations and are punishable by nothing more t...
Posted by Christopher Martens | Jul 25, 2017 |
Conduct On and Off the Job
Medical professionals in California are held to high standards. Not only do licensed medical professional need to be at their best on the job, but they also need to be mindful of their conduct off the job as well. Medical professionals have to abide by a code of ethics ...
Posted by Christopher Martens | Jul 21, 2017 |
Infractions vs. Criminal Convictions
Not all traffic tickets are created equal. Traffic citations (i.e. tickets) can vary in seriousness from simple “fix-it” tickets for non-moving violations to criminal traffic violations for offenses such as driving under the influence or reckless driving. And,...
Posted by Christopher Martens | Jul 19, 2017 |
Commercial drivers in California are held to higher standards than non-commercial drivers are, both on and off-duty. A commercial driver's entire career can be on the line if he or she does not drive safely at all times. Unfortunately, they face an increased risk of committing traffic offenses du...
Posted by Christopher Martens | Jul 17, 2017 |
Defending Yourself at the DMV
If you are facing DUI charges, you will be involved in two separate proceedings: the criminal court process and the DMV administrative process. The DMV is only concerned with your driving privileges. As a DUI defendant, you have a right to request an administrative h...
Posted by Christopher Martens | Jul 13, 2017 |
Your Legal Rights
According to both the state and federal constitution, you have a right to due process of the law. That right applies to both criminal and civil court and administrative systems, such as the California Department of Motor Vehicles. The DMV must provide a hearing before taking act...
Posted by Christopher Martens | Jul 11, 2017 |
The Far-Reaching Consequences of a Criminal Conviction
Among the many consequences of a criminal conviction in California, difficulty finding rental housing is perhaps one of the most disruptive. Your options for rental housing in California can be limited by your criminal background, and this is...
Posted by Christopher Martens | Jul 07, 2017 |
Is Your Private Business Public?
In the interest of public safety and transparency in the court system, many court records, including records of criminal convictions, are part of the public record. To make matter worse, private companies compile public records from courts all over the U.S. and se...