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...
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. ...
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...
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...
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...
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...
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...
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...
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, ...
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...
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...
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....
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...
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...
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...
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...
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...
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 ...
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...
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...
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 ...
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...
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...
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 ...
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...
We focus on defending clients accused of Domestic Violence and Driving Under the Influence (DUI), two of the most aggressively prosecuted charges in California. Every case starts with listening. We take the time to understand your situation, your concerns, and your goals so we can build a defense strategy tailored specifically to you. If you are under investigation or have already been charged, do not wait. Early action can make a critical difference in your case. Contact us today for a confidential consultation.
