Posted by Christopher Martens | May 08, 2017 |
Checkpoint Rules
Many people are arrested at the 2,500 or so sobriety checkpoints California operates throughout the state every year. For those facing DUI charges from a sobriety checkpoint stop, it is important to know and understand your rights as well as the legal requirements sobriety ...
Posted by Christopher Martens | May 05, 2017 |
CDLs and DUIs
If you are a commercial driver such as a delivery driver, being convicted of a DUI introduces special considerations, even if you were driving off-duty and in your own vehicle. Not only can you lose your license, your job might be on the line as well. And commercial drivers can be h...
Posted by Christopher Martens | May 04, 2017 |
Tenuous Evidence
When it comes to domestic violence offenses, the evidence is sometimes in scarce supply. Consequently, domestic violence cases are some of the toughest a criminal defense attorney will ever handle because of a few key factors. There are often no witnesses to the offense because m...
Posted by Christopher Martens | May 02, 2017 |
Restricting Your Driving
If you get a DUI conviction in Alameda, Los Angeles, Sacramento or Tulare counties, the court will order you to install an ignition interlock device (IID) in any car you own or drive. Installing an IID will cost you in both time and money. Not only will you need to pay fo...
Posted by Christopher Martens | Apr 28, 2017 |
Drugs and DUIs
When it comes to California DUI laws, driving under the influence of many substances is illegal. Alcohol is just one of these, albeit a very common one. Many other controlled substances, such as over the counter drugs, illicit drugs or even prescription drugs have the potential to ...
Posted by Christopher Martens | Apr 26, 2017 |
The Future of California DUI Penalties
In California, certain DUI offenders are required to install ignition interlock devices in the cars they own or drive. These devices prohibit drivers from starting their car without first providing a breath sample with no detectable alcohol in it. The device...
Posted by Christopher Martens | Apr 24, 2017 |
How Do Criminal Convictions Affect Voting Rights?
Voting rights are important to many Americans. Especially in today's political climate, the right to vote is a great way to make your voice heard. And, as California proposes more and more controversial laws, every vote counts. Unfortunately, a pe...
Posted by Christopher Martens | Apr 20, 2017 |
Knowing What to Disclose
When applying for jobs in California, having a criminal past can hold you back. In today's day and age, whether or not it is fair, hiring managers frequently don't give applicants with criminal histories the time of day. Because of this, many job seekers with criminal his...
Posted by Christopher Martens | Apr 18, 2017 |
An Important Designation
Among the potential criminal charges you could face, felonies are the most serious. Far more serious than infractions or misdemeanors, felonies are punishable by prison time and can revoke many rights. Felonies considered as violent are unique in that they often result in...
Posted by Christopher Martens | Apr 14, 2017 |
Facing DUI charges is stressful, confusing, and overwhelming. Aside from worrying about your future, you will be encountering many legal terms you may not understand. But to face your charges with confidence, you will need to understand the basics of DUI law. To help you do that, here are ten DUI...
Posted by Christopher Martens | Apr 12, 2017 |
Following Proper Procedure
Many DUI cases hinge on the results of blood alcohol content (BAC) tests. Because these tests can have such serious consequences, they are subject to numerous regulations. These regulations ensure the tests produce legally valid and accurate results and do not violate t...
Posted by Christopher Martens | Apr 10, 2017 |
Domestic Violence and Your Domicile
A domestic violence conviction can turn your life upside down. It can cost you money, time, and freedom. In conjunction with a domestic violence conviction, a judge can issue a restraining order against the defendant. Restraining order is a general term; there ...
Posted by Christopher Martens | Apr 06, 2017 |
Statutes vs. Common Law
Legal terminology sometimes referred to as legalese, is complicated in part by the convoluted structure of the judicial system. Legal decisions can come from different authoritative bodies, be it a government or a judge. There are different courts that handle different typ...
Posted by Christopher Martens | Apr 04, 2017 |
Defining the Victim
Abuse comes in many forms, and these forms often depend on whom the victim is. While the abuse of a domestic partner, a cohabitant, a child, or a family member are all potentially punishable offenses, they can result in different charges and thus different sentences. One of th...
Posted by Christopher Martens | Mar 29, 2017 |
The Rules of Using Evidence
In a criminal trial, both the prosecution and the defense have a chance to introduce evidence in the case. The evidence helps inform the judge or jury's decision. Only certain things can be introduced as evidence in a criminal trial, and the evidence must adhere to the...
Posted by Christopher Martens | Mar 27, 2017 |
Changing Times and Changing Laws
Over the years, the legal status of marijuana across the nation has changed. As we grow more tolerant, better understand how marijuana affects the body, recognize the detrimental effects from incarcerating marijuana users, and learn about how revenue can be genera...
Posted by Christopher Martens | Mar 23, 2017 |
A Key Witness
In criminal trials, both sides (the prosecution and the defendant) can produce witnesses to provide information (testimony) relevant to the case. In many cases, the prosecuting attorney will call the arresting officer as a witness. Indeed, the arresting officer is sometimes the most...
Posted by Christopher Martens | Mar 21, 2017 |
Rules of the Court
One of the reasons why many defendants need attorneys when facing criminal trials is because there are numerous trial rules and procedures that all involved parties must adhere to. To ensure the fairness and integrity of the judicial system, California courts set forth detailed...
Posted by Christopher Martens | Mar 17, 2017 |
Understanding Criminal Records
When you are arrested, charged with a crime, or convicted of a crime, information about your case will be put on your criminal record. Criminal record is a general term. Different pieces of information and levels of detail will be included on different records, and ...
Posted by Christopher Martens | Mar 15, 2017 |
Seek Advice and Review Your Rights
Law enforcement officers intimidate many people. Today we hear stories of police misconduct and police brutality, and this causes many people to distrust the police. But entering into a police encounter with this attitude can work against your interests. You hav...
Posted by Christopher Martens | Mar 13, 2017 |
Booking Then Bail
After you are booked into jail, you may be able to be released from custody on the condition that you return on your court date. Posting bail is one of the ways you can be released before your court date. Bail is money you give to the court to be released. The bail works as a se...
Posted by Christopher Martens | Mar 09, 2017 |
Proving You Were Driving Under the Influence
In California, you can be convicted of a DUI for driving while under the influence of alcohol or by having a blood alcohol concentration (BAC) of .08% or higher. The prosecutor does not have to prove both of these elements to convict you, but in most c...
Posted by Christopher Martens | Mar 07, 2017 |
The Right to Representation
Criminal defendants in the U.S. have a right to counsel. This means they have a right to attorney representation when facing criminal charges. Public defenders can also be appointed in juvenile cases as well as some family law matters. The right to representation is a ...
Posted by Christopher Martens | Mar 03, 2017 |
Understanding Court-Ordered Fines
For many California crimes, you can face steep fines as a component of your sentencing. Your fines may be the least of your worries, especially if you are also facing a jail sentence, but they are a part of your sentence that must be fulfilled. Some people don't ...
Posted by Christopher Martens | Mar 01, 2017 |
The Phone Call
Most people don't know what to do when they've been arrested. Being handcuffed and booked into jail is a demeaning experience, in the midst of which you may not be able to think clearly about how to protect yourself. For this reason, the first thing you should do after an arrest is...