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Knowledge and Stolen Property

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

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...

What Is Voluntary Manslaughter?

Posted by Christopher Martens | Oct 23, 2015 | 0 Comments

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...

What Counts as Graffiti?

Posted by Christopher Martens | Oct 20, 2015 | 0 Comments

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....

Painkillers and DUIs

Posted by Christopher Martens | Oct 19, 2015 | 0 Comments

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...

What is Perjury?

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

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...

Can I Get a DUI While Operating a Boat?

Posted by Christopher Martens | Oct 15, 2015 | 0 Comments

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...

What Is Evading an Officer?

Posted by Christopher Martens | Oct 13, 2015 | 0 Comments

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...

What Is Auto Insurance Fraud?

Posted by Christopher Martens | Oct 09, 2015 | 0 Comments

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 ...

Can I Go to Jail for Causing an Accident?

Posted by Christopher Martens | Oct 08, 2015 | 0 Comments

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...

What Happens if I'm a Felon Found With a Gun?

Posted by Christopher Martens | Oct 07, 2015 | 0 Comments

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...

How is an Out of State DUI Handled?

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

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 ...

Carrying a Handgun Without a Permit

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

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...

Can the Police Search My Car?

Posted by Christopher Martens | Oct 01, 2015 | 0 Comments

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 ...

What are Driving Record Points?

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

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...

What is Statutory Rape?

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

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...

What is Tax Evasion?

Posted by Christopher Martens | Sep 25, 2015 | 0 Comments

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...

What Happens to My Car During a DUI Arrest?

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

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...

Assault With a Deadly Weapon

Posted by Christopher Martens | Sep 23, 2015 | 0 Comments

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...

Can I go to Jail for a Traffic Ticket?

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

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...

Can I go to Jail for Domestic Violence?

Posted by Christopher Martens | Sep 21, 2015 | 0 Comments

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...

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