Posted by Christopher Martens | Jan 06, 2017 |
Collateral Consequences
Serving your sentence for a criminal conviction fulfills your responsibility and duty to the court and to society. After you have completed your sentence, however, you could still suffer from the hidden consequences of a criminal conviction. These collateral consequences c...
Posted by Christopher Martens | Jan 04, 2017 |
Assessing the Injuries
As with many crimes, the facts and circumstances of a domestic violence case will influence how the defendant is charged and sentenced. One of the most important influencing factors in domestic violence (DV) cases is the severity of injuries the victim sustained. More sever...
Posted by Christopher Martens | Dec 29, 2016 |
Barriers to Service
Serving in the armed forces requires strong moral character both as a prerequisite for enlistment and while in service. Consequently, the recruiting process for the armed forces involves assessing the applicant for enlistment standards that demonstrate moral fitness. Each spec...
Posted by Christopher Martens | Dec 27, 2016 |
Avoiding Police Interactions
DUI checkpoints are traffic stops where a police officer can stop cars without probable cause. California conducts 2,500 checkpoints annually. If you live in California, chances are good you've been inconvenienced in some way by a sobriety checkpoint. DUI checkpoints ...
Posted by Christopher Martens | Dec 23, 2016 |
Criminal Cases: From Start to Finish
The criminal prosecution process can be bewildering to someone who has never faced criminal charges. From the arrest to the trial and sentencing, the defendant has to wait and be patient. Facing criminal charges can make you feel like your life is on hold, and...
Posted by Christopher Martens | Dec 21, 2016 |
Do DUIs Affect Aid?
Being convicted of a crime can affect you in many areas of your life. Long after you have served your sentence, you can face discrimination and disqualification from opportunities in your life down the road. One very important opportunity is student financial aid.
Certain crim...
Posted by Christopher Martens | Dec 07, 2016 |
Sealing the Past
Cleaning your criminal record can be fraught with exceptions, exclusions, and requirements that may make it seem like no matter what you do, someone somewhere will be able to view your conviction history. This is true in many cases; sometimes cleaning your record alters what is o...
Posted by Christopher Martens | Dec 05, 2016 |
The Consequences of Crime
A criminal conviction can affect many areas of your life. It can rob you of your freedom, it can cost you money and time, it can take away some of your rights and privileges, it can affect your status in society and your relationships with people, and it can cause you to...
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...