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Diminished Capacity and Domestic Violence

Posted by Christopher Martens | Sep 16, 2016 | 0 Comments

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...

What Does a Drug Recognition Expert Do?

Posted by Christopher Martens | Sep 14, 2016 | 0 Comments

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...

Building a Defense to a Reckless Driving Charge

Posted by Christopher Martens | Sep 08, 2016 | 0 Comments

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...

Can a DUI Blood Draw Be Forced?

Posted by Christopher Martens | Sep 06, 2016 | 0 Comments

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 ...

California DUI Laws: Do They Work?

Posted by Christopher Martens | Aug 31, 2016 | 0 Comments

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 ...

Expungements and Megan’s Law

Posted by Christopher Martens | Aug 29, 2016 | 0 Comments

California's Sex Offender Registration Act Under the Sex Offender Registration Act, those convicted of certain offenses in California must register as a sex offender for the rest of their lives. This is also called the PC 290 requirement. This is a large burden to bear for committing even one cri...

How to Know if It’s Lawful Detainment

Posted by Christopher Martens | Aug 25, 2016 | 0 Comments

A Brief Stop A police officer can do one of two things to someone they suspect has committed or been involved in a crime. An officer may arrest or detain someone. Detainment is the momentary stopping of someone so an officer can identify him or her and ask some questions. An officer may do a comp...

Child Abuse and Domestic Violence

Posted by Christopher Martens | Aug 23, 2016 | 0 Comments

California abuse and assault laws are differentiated, in part, by who the victim was. There are many different kinds of abuse under California's laws, such as child abuse, elder abuse, and domestic abuse. It is important to understand that while these may be related, they are considered separate ...

Can Domestic Violence Be Mutual?

Posted by Christopher Martens | Aug 19, 2016 | 0 Comments

When is Violence Mutual? Domestic violence is abuse directed at someone whom you are in or have been in an intimate relationship with. Many people think of domestic violence as always being one-sided. Sometimes, however, domestic violence isn't what it seems from an outsider's perspective. True i...

Appearing in Court: Do’s and Don’ts

Posted by Christopher Martens | Aug 17, 2016 | 0 Comments

Come Prepared Appearing in court on a criminal charge can be intimidating. You may be worried about the consequences, and not knowing what to expect in court can increase your anxiety. Knowing how to prepare yourself to appear in court and what you should do once you are there is an important ste...

Evidence in Domestic Violence Cases

Posted by Christopher Martens | Aug 15, 2016 | 0 Comments

Just the Facts Domestic violence cases present a variety of forms of evidence that can be used in criminal trial proceedings. California recognizes many different types of domestic violence, from making threats to physical violence. The form of evidence used by the prosecution in a California dom...

Do Online Record Cleaning Services Work?

Posted by Christopher Martens | Aug 11, 2016 | 0 Comments

Knowing Where to Turn for Quality Legal Assistance As more and more employers choose to conduct background checks on prospective employees, our criminal records are more visible than ever. Online criminal background checks make viewing your past convictions easy and convenient for almost anyone w...

Can I Face Jail Time for Child Abuse?

Posted by Christopher Martens | Aug 09, 2016 | 0 Comments

Potential Penalties of Child Abuse There was a time in the past when child abuse wasn't considered a concern of the state. Those times have long passed. Today, child abuse is considered a serious crime in California. Instances of child abuse regularly take precedence in the media with gruesome st...

What Is Domestic Violence Victim Restitution?

Posted by Christopher Martens | Aug 05, 2016 | 0 Comments

Paying Your Debt for Your Crime A domestic violence conviction can cost you a lot. Beyond jail time, you may face some serious financial consequences as well. You may face fees, fines, and ordered payments that are part of the terms of your probation. Not paying these costs can have serious reper...

How Can I Restore My Gun Rights?

Posted by Christopher Martens | Aug 03, 2016 | 0 Comments

Fighting to Get Your Rights Back US citizens have the right to keep and bear arms. This is protected under the Second Amendment, and it's one right that people have been known to fight tooth and nail for. While it is a protected right, there are many instances when this right can be suspended or ...

Reducing Felony Domestic Violence Charges

Posted by Christopher Martens | Aug 01, 2016 | 0 Comments

When You Can Move on From a Felony Some California crimes can be charged as either misdemeanors or felonies, depending on the circumstances. These are called wobbler crimes. There are many different types of wobbler crimes, a few of which are domestic violence crimes. Many domestic violence cr...

Domestic Violence Crimes and Custody

Posted by Christopher Martens | Jul 28, 2016 | 0 Comments

How Crime Can Affect Custody A California domestic violence conviction will change your life in many ways. You could face jail time, probation, fees and fines, and be ordered to attend a counseling, therapy, drug and alcohol treatment, or anger management program. Among these penalties, the custo...

Fines for Domestic Violence Convictions

Posted by Christopher Martens | Jul 26, 2016 | 0 Comments

The Costs of Domestic Violence When facing domestic violence charges, you have a lot at stake. Your dignity, pride, and freedom may be on the line. What you may not realize is your bank account may be jeopardized as well. A domestic violence conviction can result in fines, fees, and other require...

What Is Mouth Alcohol?

Posted by Christopher Martens | Jul 22, 2016 | 0 Comments

The Scientific Approach to DUI Defense It is illegal to drive under the influence of drugs and/or alcohol in California. This “influence” can be determined by observing your driving behavior or by measuring how much alcohol was in your blood at the time you were driving. This measurement is the b...

What Is a Batterers’ Intervention Program?

Posted by Christopher Martens | Jul 20, 2016 | 2 Comments

The Basics of Batterers' Programs Domestic violence in California is never taken lightly. There are many consequences of a domestic violence charge, which can include jail time, probation, and hefty fines. The terms and conditions of probation given for a domestic violence offense in California a...

Will a High BAC Result in a Harsher Sentence?

Posted by Christopher Martens | Jul 18, 2016 | 0 Comments

What Your BAC Test Results Could Really Cost You California DUI laws are complex because there are many variables that can significantly affect the outcome of your case. Your history of prior offenses, your age, your type of driver's license, and your BAC level can all increase the seriousness of...

Can Out of State Restraining Orders Be Enforced?

Posted by Christopher Martens | Jul 14, 2016 | 1 Comment

The law can vary quite a bit from state to state. What is illegal in one state may be perfectly legal in another. Nevertheless, you are expected to follow certain laws that apply in all states. Laws regarding abuse or domestic violence are fairly far reaching. Restraining orders, also sometimes...

Will I Get Mandatory Jail Time for a DUI?

Posted by Christopher Martens | Jul 12, 2016 | 0 Comments

DUI sentencing in California is highly regulated. Whether it is your first or fourth DUI, many of the penalties of a California DUI conviction are mandatory and non-negotiable. Most people are concerned about jail time after being arrested for a DUI. For a first-time DUI, you could face up to six...

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