Posted by Christopher Martens | Jul 05, 2017 |
It Takes Less Than You Think to Lose your License in California
Driving in California is a privilege, not a right. The California Department of Motor Vehicles (DMV) oversees the driving privileges of California residents and can issue, suspend or revoke licenses. The DMV can suspend your driving ...
Posted by Christopher Martens | Jul 03, 2017 |
Changing Times Call for A New Method
Public opinion on the safety of marijuana has grown in recent years, which has prompted the legalization of recreational use. Though many agree marijuana is a relatively safe substance to use, law enforcement argues recreational use is not safe when driving. A...
Posted by Christopher Martens | Jun 29, 2017 |
The Before and After of Record Cleaning
Cleaning your criminal record can significantly improve your chances of getting a job, housing, or a loan. But doing so is an investment in your time and money, and there are no guarantees your petition will be granted. Many people want to know exactly how ...
Posted by Christopher Martens | Jun 27, 2017 |
Obstructing the Aid Response
We rely on law enforcement and EMTs to help us in our time of need. Access to emergency aid is a right, but sometimes this right is violated. In domestic violence cases, in particular, it is not uncommon for the alleged abuser to attempt to prevent the alleged victim ...
Posted by Christopher Martens | Jun 23, 2017 |
Putting Your License Suspension on Hold
If you've received notice that the California Department of Motor Vehicles (DMV) will suspend your driver license, you might be wondering what, if anything, you can do to keep your license. You might have a specified period of time before your suspension go...
Posted by Christopher Martens | Jun 21, 2017 |
Reassuming Your Rights
Gun violence is one of the most highly publicized crime categories in California and for a good reason. Public outcry tends to influence policy, and so there are some situations in which the government can temporarily assume control (i.e. seize) of firearms. Typically, the ...
Posted by Christopher Martens | Jun 19, 2017 |
Alternatives to Imprisonment
Being convicted of a felony can change your life. A felony in California is punishable by up to three years in a county jail, up to life in prison, or the death penalty. That's nothing to bat an eye at considering the many non-violent crimes that can be charged as fel...
Posted by Christopher Martens | Jun 15, 2017 |
Banned For Good
When you are convicted of a crime in California, you end up with more than just a criminal record. You gain a stigmatization that will make it difficult to find a job, too. Needless to say, few employers will give an applicant with a criminal record a chance. And in certain fields...
Posted by Christopher Martens | Jun 13, 2017 |
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...
Posted by Christopher Martens | Jun 12, 2017 |
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...
Posted by Christopher Martens | Jun 09, 2017 |
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...
Posted by Christopher Martens | Jun 08, 2017 |
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...
Posted by Christopher Martens | Jun 07, 2017 |
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...
Posted by Christopher Martens | Jun 06, 2017 |
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...
Posted by Christopher Martens | Jun 05, 2017 |
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...
Posted by Christopher Martens | Jun 02, 2017 |
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...
Posted by Christopher Martens | Jun 01, 2017 |
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...
Posted by Christopher Martens | May 31, 2017 |
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 ...
Posted by Christopher Martens | May 30, 2017 |
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 ...
Posted by Christopher Martens | May 26, 2017 |
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...
Posted by Christopher Martens | May 25, 2017 |
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...
Posted by Christopher Martens | May 24, 2017 |
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...
Posted by Christopher Martens | May 23, 2017 |
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 ...
Posted by Christopher Martens | May 22, 2017 |
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 ...
Posted by Christopher Martens | May 19, 2017 |
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 ...