Posted by Christopher Martens | May 18, 2017 |
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...
Posted by Christopher Martens | May 17, 2017 |
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...
Posted by Christopher Martens | May 16, 2017 |
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...
Posted by Christopher Martens | May 15, 2017 |
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 ...
Posted by Christopher Martens | May 12, 2017 |
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 ...
Posted by Christopher Martens | May 11, 2017 |
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...
Posted by Christopher Martens | May 10, 2017 |
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...
Posted by Christopher Martens | May 09, 2017 |
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...
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...