Posted by Christopher Martens | Dec 01, 2016 |
Causing Damage With a DUI
Getting a DUI will result in the loss of your license, a large fine, jail time, DUI school, and potentially community service and an ignition interlock device. This is a lot to deal with for what is often just a simple mistake. As if the penalties for a DUI aren't harsh ...
Posted by Christopher Martens | Nov 29, 2016 |
Does a DUI Trigger Deportation?
Many Californians are not full U.S. citizens. Those without full U.S. citizenship status can be deported if convicted of certain criminal offenses in California or elsewhere. Crimes that typically trigger deportation under the Immigration and Nationality Act includ...
Posted by Christopher Martens | Nov 25, 2016 |
The Difference Between Misdemeanors and Felonies
California has two main classes of criminal offenses: misdemeanors and felonies. Infractions are also technically criminal offenses, but, in practice, are handled like traffic tickets. It goes without saying; felony crimes are the most serious. The...
Posted by Christopher Martens | Nov 23, 2016 |
On the Defensive
Facing DUI charges can be daunting. But before you think all the odds are stacked against you, know that there are DUI defenses that have been used successfully. In fact, DUI defense almost comes down to a science. Because most DUI cases hinge on the results of the BAC test, you ...
Posted by Christopher Martens | Nov 21, 2016 |
The Right to Defend Others
Self-defense can be used as a valid legal defense to many violent crimes, such as assault or battery. We all have a right to self-defense when we need to protect ourselves. We also have the right to defend others from harm. In fact, under California law you can use the ...
Posted by Christopher Martens | Nov 17, 2016 |
The Residual Effects of a DUI
Most people know that your license will be suspended if you get a DUI conviction in California. What some people don't realize, however, is that you could lose other licenses as well.
A DUI is not just a criminal conviction; it's a mark on your record as a credible, ...
Posted by Christopher Martens | Nov 15, 2016 |
When Have You Crossed the Line?
Arguments are common in relationships. Unfortunately, sometimes arguments can escalate to the point of domestic violence if someone is harmed. Even when no one is harmed, a neighbor or concerned third-party may call the police if it sounds as if the nature of argum...
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...