Posted by Christopher Martens | Nov 09, 2016 |
Reducing the Risk
Criminal trials are high risk. No matter how good a case you think you have, there is still a chance a jury will convict you. Not surprisingly, many defendants try to resolve their cases before trial. Many are successful, but these defendants often have legal representation. If ...
Posted by Christopher Martens | Nov 07, 2016 |
Domestic violence is a complex crime that includes many different kinds of offenses. Though the typical example of domestic violence is a partner physically harming their partner, domestic violence comes in many other forms. Some people are surprised to learn that destruction of property can be c...
Posted by Christopher Martens | Nov 03, 2016 |
We've all seen the billboards and read the articles that argue a California DUI can cost you upwards of $10,000 once all is said and done. If you have, you are probably aware of some of the costs involved. You will face a variety of expenses stemming from your sentencing, the effects of the convi...
Posted by Christopher Martens | Nov 01, 2016 |
Most people think of taking a breathalyzer test when they think of getting a DUI. Common questions after being charged with a DUI include, “what did you blow?” and “what was your BAC?.” But what many people don't realize is you can be convicted of a DUI even if you never took a chemical test to a...
Posted by Christopher Martens | Oct 28, 2016 |
Cleaning your criminal record can change your life. It can prevent certain people and organizations from accessing information about your criminal past. This can reduce or eliminate any discrimination you might face when applying for jobs, for housing, public assistance, or loans. Unfortunately, ...
Posted by Christopher Martens | Oct 26, 2016 |
Not every defendant prosecuted under the California criminal justice system will be convicted. In fact, the number of those who are acquitted is significant. Though an acquittal means the prosecutor failed to prove the defendant was guilty, the defendant will still walk away with a criminal recor...
Posted by Christopher Martens | Oct 24, 2016 |
Many Californians are ordered to install an ignition interlock device in their car when they are convicted of a DUI. Ignition interlock devices, or IIDs, require the driver to blow a clean breath sample into a device that is connected to the ignition. The car will not start if the breath sample h...
Posted by Christopher Martens | Oct 20, 2016 |
All of us carry within us the natural right to defend ourselves against harm. That right transcends whatever rights we enjoy as citizens. Because this right is so vital, it is important to understand the difference between protecting yourself from harm and attempting to harm someone else. Though ...
Posted by Christopher Martens | Oct 18, 2016 |
Drivers in any state face a BAC threshold of .08% for DUIs. This means no matter what state you are driving in, you can get a DUI if your BAC is .08% or above. Each state, however, punishes DUI offenders according to its own laws. California has some of the strictest DUI laws in the country. Unfo...
Posted by Christopher Martens | Oct 14, 2016 |
People are wrongfully arrested and charged with crimes they didn't commit in California every day. Law enforcement does its best, but sometimes being in the wrong place at the wrong time can result in a false criminal accusation. Those who are truly innocent may be released before charges are eve...
Posted by Christopher Martens | Oct 12, 2016 |
Many people are surprised to learn you can get a DUI even if you were following all traffic laws, but those that do violate traffic laws may face harsher DUI sentencing. For example, you may receive an increased sentence if you were speeding while you were driving under the influence.
Speeding wh...
Posted by Christopher Martens | Oct 06, 2016 |
The Waiting Game
The criminal justice system in California is organized into different stages. The first stage starts with an arrest followed by the police submitting a report to the office of the district attorney. Once the district attorney's office is in receipt of a report or complaint, he or...
Posted by Christopher Martens | Oct 04, 2016 |
Under Close Watch
Ignition interlock devices are a unique aspect of DUI sentencing in California. Mandatory with first-time convictions in four counties (Alameda, Los Angeles, Tulare, and Sacramento), these devices must be installed in your car at a cost to you. Once installed, they require a cle...
Posted by Christopher Martens | Sep 30, 2016 |
In Defense of Self-Defense
We all have the right to defend ourselves against violence. No one would question you if you fought against an assailant in the streets. No one would hold you accountable for fighting with a burglar who attacked you in your own home. There is one scenario where the line...
Posted by Christopher Martens | Sep 28, 2016 |
A Lesser Offense
Most crimes in California are charged as either misdemeanors or felonies. Between the two, misdemeanors are the less serious of crimes. Misdemeanors are punishable by up to 364 days in a county jail. Felonies are the most serious crimes and are punishable by a prison or death sen...
Posted by Christopher Martens | Sep 26, 2016 |
Protecting Your Rights
It is hard to ignore the widespread media coverage of the presidential election. Likewise, you probably can't get very far in California without seeing state election propaganda. The right to vote is an important one, and our democracy depends on our citizens being able to ...
Posted by Christopher Martens | Sep 22, 2016 |
A Second Chance
It is no secret California's prisons have struggled with overcrowding. Reform has helped reduce overcrowding, but the prison system is still over capacity. One of the contributing forces behind the reduction in the prison population comes from proposition 47, recently passed in 20...
Posted by Christopher Martens | Sep 20, 2016 |
A Serious Stop
Interacting with a police officer can be nerve-wracking even if it is only for a traffic stop. Being pulled over seems easy enough to handle, but police officers can be intimidating even when you haven't done anything wrong. Unfortunately, looking nerve-wracked and intimidated does...
Posted by Christopher Martens | Sep 16, 2016 |
Special Circumstances for Criminal Behavior
During the criminal prosecution process, the district attorney typically has to prove certain elements in the case in order to convict the defendant. In some crimes, the district attorney must prove the defendant had criminal intent to reach a convictio...
Posted by Christopher Martens | Sep 14, 2016 |
Recognizing Influence
Some people don't realize that California's DUI laws apply to driving under the influence of both drugs and/or alcohol. In fact, it is illegal to drive under the influence of any controlled substance. A DUI for driving under the influence of drugs is also called a drug DUI o...
Posted by Christopher Martens | Sep 12, 2016 |
Pick Your Poison
California DUI laws are broadly reaching. They penalize driving under the influence of any controlled substance. The substance can be alcohol, illegal drugs, prescription drugs, and even over the counter drugs in some cases. In general, all first-time DUI offenders face the same ...
Posted by Christopher Martens | Sep 08, 2016 |
The Risks of Driving in California
Californians spend a lot of time on the road. Many commute to work or school, and all this time on the road poses a problem. Because California has such strict driving laws, you are at a higher risk of breaking those laws when on the road. There are many Califor...
Posted by Christopher Martens | Sep 06, 2016 |
Implied Consent
California's implied consent law states drivers on California's roads have given consent to submit to a blood alcohol concentration test, also called a chemical test, if they are arrested for a DUI. You have already given your consent by driving on California's roads the same way ...
Posted by Christopher Martens | Sep 02, 2016 |
A Variety of Protections From the Court
Restraining orders are frequently misunderstood legal orders. When people hear the term restraining order, they might think of a no-contact order, meaning the order restrains someone from contacting or coming near another person. These are typically issued ...
Posted by Christopher Martens | Aug 31, 2016 |
Looking at the Benefits and Costs
California has some of the strictest DUI laws in the country. Those who are convicted of driving under the influence in the golden state face a host of consequences such as jail time, large fines, DUI classes, and a suspended license. The stakes are high when it ...