Posted by Christopher Martens | Oct 28, 2015 |
This week the Law Office of Christopher Martens learned some good news that an appeal brought on behalf of one of the firm's clients successfully resulted in the dismissal of the charge of receiving stolen property in People v. Young http://www.courts.ca.gov/opinions/nonpub/F067277.PDF Our client...
Posted by Christopher Martens | Oct 27, 2015 |
California driver's licenses are government issued IDs that grant you specific privileges, specifically driving privileges. Because driver's licenses are government issued, the fraudulent possession or display of them are serious offenses. Under California Penal Code § 470(b), those who possess, ...
Posted by Christopher Martens | Oct 23, 2015 |
Intentionally killing another human being is inarguably one of the worst crimes you can commit. Murderers are considered cold-blooded for the atrocity they committed; however those who intentionally kill another person are not always bad people. Sometimes, they are simply reacting to an emotional...
Posted by Christopher Martens | Oct 21, 2015 |
Some crimes are committed by one person and some are coordinated by several actors. Different crimes may require more or less people to pull off, but in many cases, there is more than one person involved in the crime. To ensure all liable parties who contributed to a crime are prosecuted, Califor...
Posted by Christopher Martens | Oct 20, 2015 |
Graffiti is one of the fastest growing forms of art nationwide and globally. Graffiti, once thought to be solely criminal activity, now enjoys a strong following in the art world. Nevertheless, graffiti, also called tagging, is also form of vandalism when it defaces property that is not your own....
Posted by Christopher Martens | Oct 19, 2015 |
Driving under the influence in California is a crime. While most people associate DUIs with drinking alcohol and driving, you can also get a DUI for driving under the influence of any intoxicating substances, including drugs. Even prescription drugs, like painkillers, can cause intoxication to th...
Posted by Christopher Martens | Oct 16, 2015 |
For the legal system to work, people are held to certain duties when providing important information to the courts. They are notified of this duty and asked to sign or agree to fulfill this duty under penalty of perjury. However, some people think they can get away with not fulfilling this duty a...
Posted by Christopher Martens | Oct 15, 2015 |
California is an ideal state for boaters. Along its 840 miles of coastline and across its dozens of lakes, boaters enjoy the quality of lifestyle that only California can provide. Boating is a recreational activity and, as such, invites other recreational activities such as drinking. However, alc...
Posted by Christopher Martens | Oct 14, 2015 |
In recent years, California's marijuana market has grown considerably. With the growing population of medical marijuana patients, in California and in many other states, marijuana is easier to find, even on the street. Up until relatively recently, dried marijuana, also called bud or flower, made...
Posted by Christopher Martens | Oct 13, 2015 |
In recent years, police misconduct has been in center spotlight in the news. While respect for law enforcement officers may be wavering at the moment, both in California as well as nationally, citizens are still held to the duty to respect and obey law enforcement officers and peace officers. Nev...
Posted by Christopher Martens | Oct 09, 2015 |
Many people may think of fraud as something only someone with a criminal mind would commit. We hear about big fraud cases in the news and are probably surprised to learn about people who have stolen large amounts of money from people or companies through fraud. However, fraud is a broad criminal ...
Posted by Christopher Martens | Oct 08, 2015 |
Auto accidents are relatively common in California, causing a significant portion of traffic fatalities in the US each year. Though driving on California roads is fairly dangerous, many accidents are minor and do not involve gross negligence or recklessness. Often, auto accidents are resolved thr...
Posted by Christopher Martens | Oct 07, 2015 |
Firearms are deadly weapons that can make any scenario more dangerous. Because of their power and potential to inflict harm, those convicted of a felony are not legally permitted to own, purchase, receive, posses, control or use a firearm in any way. If you've been convicted of a felony and are c...
Posted by Christopher Martens | Oct 06, 2015 |
Despite a nationwide legal blood alcohol concentration limit of .08%, each state was its own DUI laws that govern the rules on driving while under the influence in their state. However, getting a DUI out of state does not mean you can retain your full California driving privileges. California is ...
Posted by Christopher Martens | Oct 05, 2015 |
Gun ownership and handling is highly regulated and controlled in the US. While this is one of the most controversial political topics of our time, those who break gun laws face harsh consequences. Even though many find gun control laws to be unconstitutional, you can face criminal prosecution for...
Posted by Christopher Martens | Oct 02, 2015 |
As part of sentencing for a DUI in California, you may be ordered to install an Ignition Interlock Device in your car. Ignition Interlock Devices, or IIDs, are wired into your car ignition, requiring you to provide a clean breath sample to start the car. In the California counties that participat...
Posted by Christopher Martens | Oct 01, 2015 |
All US citizens carry with them the right of freedom from unreasonable search and seizure. This right is protected under the Fourth Amendment. This protects their person and their property, including their car. Your car is generally less protected under the Fourth Amendment than your house as it ...
Posted by Christopher Martens | Sep 30, 2015 |
The California DMV handles the driving privileges of all California drivers. The DMV has a number of systems in place to regulate the safety of California roads and one such system is the driving point system. Every driver in California is subject to points being added to their record for violati...
Posted by Christopher Martens | Sep 29, 2015 |
Statutory rape is a term that many of us have heard but you may not know what the specific legal definition is or what the legal code regarding it says. It is a very important legal code to know because it happens more than you would think. California has several rape laws that protect people fro...
Posted by Christopher Martens | Sep 28, 2015 |
Many adults drink casually and socially, in a responsible way. Those who prefer to drink more may opt to do so at home or arrange for alternative transportation home after they have been drinking. Some people abstain from drinking before driving altogether. While this last option isn't always nec...
Posted by Christopher Martens | Sep 25, 2015 |
Paying taxes is one of the necessary, but unwanted, tasks most adults have to do as a US citizen. Everyone is required to pay both federal income tax and state income tax, if applicable. Filing your taxes can be complicated and tax regulations change frequently so knowing how and when to file you...
Posted by Christopher Martens | Sep 24, 2015 |
No one wants to experience being arrested for a DUI. On top of being humiliated and taken into custody, the arresting officer will immediately confiscate your driver's license and you will have to leave your car. Depending on where and when you are arrested, your car may not be safe or legally pa...
Posted by Christopher Martens | Sep 23, 2015 |
Assault charges are very serious. Assault is defined as an unlawful attempt to commit a violent injury upon another, when you have the ability to do so. Assault charges can vary based on the circumstances and facts of the case. Assault with a deadly weapon is a more serious assault charge as it i...
Posted by Christopher Martens | Sep 22, 2015 |
There are three different kinds of criminal charges: infraction, misdemeanor and felony. Infractions, typically issued in response to moving traffic violations, are punishable only by a fine, also called bail, and no jail time or probation. However, with a traffic infraction, you may still be giv...
Posted by Christopher Martens | Sep 21, 2015 |
Domestic violence is viewed as a big problem in California. Not surprisingly, those who commit acts of domestic violence are subject to criminal prosecution, regardless of whether the victim desires to press charges against the abuser. Prosecution for domestic violence is rigorous and is often ha...