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...
Posted by Christopher Martens | Sep 16, 2016 |
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...
Posted by Christopher Martens | Sep 14, 2016 |
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...
Posted by Christopher Martens | Sep 12, 2016 |
Pick Your Poison
California DUI laws are broadly reaching. They penalize driving under the influence of any controlled substance. The substance can be alcohol, illegal drugs, prescription drugs, and even over the counter drugs in some cases. In general, all first-time DUI offenders face the same ...
Posted by Christopher Martens | Sep 08, 2016 |
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...
Posted by Christopher Martens | Sep 06, 2016 |
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 ...
Posted by Christopher Martens | Sep 02, 2016 |
A Variety of Protections From the Court
Restraining orders are frequently misunderstood legal orders. When people hear the term restraining order, they might think of a no-contact order, meaning the order restrains someone from contacting or coming near another person. These are typically issued ...
Posted by Christopher Martens | Aug 31, 2016 |
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 ...
Posted by Christopher Martens | Aug 29, 2016 |
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...
Posted by Christopher Martens | Aug 25, 2016 |
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...
Posted by Christopher Martens | Aug 23, 2016 |
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 ...
Posted by Christopher Martens | Aug 19, 2016 |
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...
Posted by Christopher Martens | Aug 17, 2016 |
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...
Posted by Christopher Martens | Aug 15, 2016 |
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...
Posted by Christopher Martens | Aug 11, 2016 |
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...
Posted by Christopher Martens | Aug 09, 2016 |
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...
Posted by Christopher Martens | Aug 05, 2016 |
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...
Posted by Christopher Martens | Aug 03, 2016 |
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 ...