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Does the Severity of Injuries Matter in a DV Case?

Posted by Christopher Martens | Jan 04, 2017 | 0 Comments

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...

Criminal Convictions and Military Eligibility

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

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...

Can I Turn Around at a Sobriety Checkpoint?

Posted by Christopher Martens | Dec 27, 2016 | 0 Comments

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 ...

How Long Do Criminal Trials Take?

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

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...

DUIs and Student Financial Aid Eligibility

Posted by Christopher Martens | Dec 21, 2016 | 0 Comments

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...

Is Sealing Your Record the Same as Expungement?

Posted by Christopher Martens | Dec 07, 2016 | 0 Comments

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...

DUI With Property Damage

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

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 ...

DUIs and Deportation

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

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...

How Can I Get a Charge Reduced?

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

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...

The Science of DUI Defense

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

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 ...

Defense of Others and Domestic Violence

Posted by Christopher Martens | Nov 21, 2016 | 0 Comments

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 ...

Can I Lose My Professional License for a DUI?

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

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, ...

Can I Resolve My Case Before Trial?

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

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 ...

Destruction of Property and Domestic Violence

Posted by Christopher Martens | Nov 07, 2016 | 2 Comments

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...

Can a DUI Really Cost Me $10,000?

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

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...

Can I Be Convicted Without Taking a Chemical Test?

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

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...

Cleaning Your Record After an Acquittal

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

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...

Ignition Interlock Devices and Drug DUIs

Posted by Christopher Martens | Oct 24, 2016 | 0 Comments

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...

Self-Defense vs. True Assault

Posted by Christopher Martens | Oct 20, 2016 | 0 Comments

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 ...

Out of State DUIs: Can My License Be Confiscated?

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

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...

What Is Factual Innocence?

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

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...

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