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What Happens if I Violate a Restraining Order?

Posted by Christopher Martens | Jan 13, 2016 | 0 Comments

Most people think of a restraining order as a document ordering someone to stay away from another person who is protected under law. In reality, this is only one of the things a restraining order can do. Restraining orders do much more than order defendants to stay away from the protected person ...

What Is Domestic Battery?

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

Experienced Visalia Defense Lawyer Domestic violence is an overreaching problem comprised of several different criminal charges under California law. The legal definition of domestic violence is quite broad, covering a wide range of actions under a variety of circumstances. Because of this ambigu...

Can I Clean Up My Record While on Probation?

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

As part of the sentencing for many misdemeanor and felony crimes, you may be given a period of probation, either summary (informal), or formal probation. Probation is a period of monitoring while you are in the community in exchange for the suspension of certain elements of sentencing for a crime...

Can I Get a First-Time DUI Diversion?

Posted by Christopher Martens | Dec 30, 2015 | 0 Comments

Getting your first DUI can be quite disruptive to your life. Getting a DUI is often a mistake you will always regret. Some people think that you may be able to avoid a conviction for certain crimes if it is your first offense and you participate in a diversion program. In certain cases, this is t...

How Can I Clean My Record After Probation?

Posted by Christopher Martens | Dec 28, 2015 | 0 Comments

Having a criminal record can hold you back in life. Regardless of your crime, having a record can hurt your chance of securing gainful employment. It can also prevent you from obtaining certain positions within your community, or obtaining public assistance. Luckily, there are methods through whi...

Can I Seal My Criminal Record?

Posted by Christopher Martens | Dec 24, 2015 | 0 Comments

Having any kind of conviction on your criminal record can cause you to miss out on many opportunities. Our society is such that criminals are stigmatized and unfairly discriminated against for what are sometimes only small indiscretions made in their youth or for simply being in the wrong place a...

How Soon Can I Apply for an Expungement?

Posted by Christopher Martens | Dec 22, 2015 | 0 Comments

Being convicted of a crime may seem like the end of the world. You may face discrimination when applying for jobs, housing, or volunteer opportunities. In the past, it was an arduous process for someone to look up another person's criminal record. Today, digitized records and online access to cri...

What Is a Crime Against Nature?

Posted by Christopher Martens | Dec 18, 2015 | 0 Comments

A crime against nature is typically a component of another sexual offense, such as a rape or molestation charge. While there are no specific crimes against nature law, they fall under the category of other sexual offenses. Crimes against nature are typically charged as sodomy. Sodomy laws are con...

Can I Be Ordered to Go to Therapy for a DUI?

Posted by Christopher Martens | Dec 16, 2015 | 0 Comments

Getting a DUI will result in many consequences. Even a first-time DUI offense will result in a fine, a suspended license, an order to complete a DUI education program, jail time, and potentially an order to install an Ignition Interlock Device in any vehicle you drive or operate. To have your lic...

What Are the Penalties for Money Laundering?

Posted by Christopher Martens | Dec 14, 2015 | 0 Comments

Money laundering is a process through which money acquired from criminal activity is legitimized by making it appear as if it came from a non-criminal source. Money laundering can both mask the source of the money as well as the original ownership, making it harder to trace the crime back to one ...

Can I Get a DUI While on an ATV?

Posted by Christopher Martens | Dec 10, 2015 | 0 Comments

ATVs, or all-terrain vehicles, are popular recreational vehicles for Californians all across the state. From sand dunes to desert trails, ATVs provide amusement for those who love the outdoors. Although ATVs are primarily used for off-road recreational purposes, they can be driven on California r...

What Constitutes Illegal Gambling?

Posted by Christopher Martens | Nov 18, 2015 | 0 Comments

Gambling has long been a favored pastime in the United States. In California, gambling is heavily controlled, limiting where and when you can gamble and the ways in which you can gamble. Many Californians simply head to Vegas for the weekend to get their gambling fix in, but those who choose to s...

What Is Arson?

Posted by Christopher Martens | Nov 16, 2015 | 0 Comments

Fire has significant destructive powers. Accordingly, fire can cause severe damage to wildlife and property and can cause severe injury and even death. California is particularly vulnerable to the destructive forces of fire, as its wildfires cost hundreds of millions of dollars annually in contro...

Do I Need to Be Driving to Get a DUI?

Posted by Christopher Martens | Nov 12, 2015 | 0 Comments

California DUI laws are fairly comprehensive. They account for driving under the influence of drugs and/or alcohol and cover a range of circumstances where a person may be in control of a vehicle while under the influence. Being in control of a vehicle doesn't necessarily mean you were driving it...

What Are the Penalties for Trespassing?

Posted by Christopher Martens | Nov 10, 2015 | 0 Comments

Property owners of all kinds, be it an individual or a municipality, have a right to freedom from trespassers on their property. In a densely populated state such as California, this freedom is often threatened. Under California law, it is a chargeable offense to knowingly and intentionally enter...

What Is Vehicular Assault?

Posted by Christopher Martens | Nov 06, 2015 | 0 Comments

Assault is a very broad criminal charge in California. To be guilty of assault, one needs to make an unlawful attempt to violently injure another person and they have to have the present ability to do so. An attempt at inflicting a violent injury can include anything from a fistfight, throwing an...

Serna Motion - Barker v. Wingo (1972) 407 U.S. 514

Posted by Christopher Martens | Nov 06, 2015 | 0 Comments

Whether looking for a new job, seeking promotions, or otherwise trying to improve one's position in life, unresolved criminal cases can cause a significant negative impact on those efforts. Under the 6th Amendment to the United States Constitution, the right to have a speedy trial is recognized. ...

What is a Remitter?

Posted by Christopher Martens | Nov 05, 2015 | 0 Comments

Today my client's case returned on remitter to the trial court from the appeal court. This case was sent back to the trial court for re-sentencing because one of the counts was dismissed due to insufficient evidence presented at trial. After a trial when a defendant is found guilty of any charges...

When Is it Illegal to Post Flyers?

Posted by Christopher Martens | Nov 04, 2015 | 1 Comment

If you drive by any street corner in a residential area on a weekend, you are bound to see a couple of yard and garage sale signs. If you walk by a utility pole on a city street, you may see flyers posted up for musical acts, events, items for sale, services offered, missing pets, or public servi...

What Is Excessive Speeding?

Posted by Christopher Martens | Nov 02, 2015 | 0 Comments

The California rules of the road prohibit anyone from driving faster than is safe for the conditions of the road at any given time. Though there are posted speed limit signs on most roads, and default, "prima facie" speed limits as set forth in city ordinances, California drivers must also always...

Probable Cause and Encounters With The Police

Posted by Christopher Martens | Nov 02, 2015 | 0 Comments

All arrests begin with an encounter with law enforcement, but not all encounters with Law enforcement should end in an arrest without initial probable cause. In a recently decided California Appellate Case [People v. Linn (1st App.Dist. Div.Two 2015) A145052] the Court examined the question as to...

What Are the Penalties for Car Racing?

Posted by Christopher Martens | Oct 29, 2015 | 0 Comments

Although professional car racing is a popular spectator sport in California and across the nation, street or drag racing on public roads is illegal. California has numerous laws that govern driving on public roads. One such law prohibits drivers from engaging in speed contests or exhibitions of s...

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