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Do DUI Penalties Vary by County?

Posted by Christopher Martens | May 19, 2016 | 0 Comments

Your first question after being arrested for a DUI is likely to about what DUI penalties you face. You may have heard that California hands down harsh consequences for DUI convictions, some of which are mandatory and non-negotiable. Your driver's license will be suspended, you will face hefty fin...

What Is a Juvenile Drug Court Program?

Posted by Christopher Martens | May 17, 2016 | 0 Comments

Drug charges are not uncommon among California's youths today. Despite their commonality, minor drug crimes are punished much in the same way adult drug crimes are. Because of this, many minors who have drug convictions start their adult lives with a criminal record. Fortunately, there are option...

When Is Domestic Violence a Felony?

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

California has several domestic violence charges, each carry its own standard sentencing. California has both misdemeanor and felony domestic violence crimes. In general, misdemeanor crimes are less serious than felony crimes, and thus are punished less severely. Misdemeanor crimes are crimes pun...

Where Can I Drive With a Restricted License?

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

Driving while under the influence is just one of California's several driving crimes. More serious than simple traffic infractions or citations, a DUI will affect your driving privileges for a significant period of time. Even with your first DUI, the California Department of Motor Vehicles will s...

What Happens at a DUI Pre-Trial Conference?

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

If you are facing DUI charges, there are a few different paths you can take to handle your defense. In many cases, the defendant will make a plea of nolo contender or guilty and will be sentenced. In some cases, the defendant may have a public defender or attorney negotiate a plea bargain for the...

When Is Domestic Violence a Misdemeanor?

Posted by Christopher Martens | Apr 29, 2016 | 0 Comments

California has several different domestic violence crimes. Domestic violence offenses are serious in any case, but these crimes vary significantly in their severity and their punishments. California has both misdemeanor and felony domestic violence crimes. Some may be charged as either a misdemea...

What Are the Laws Regarding DUI Blood Draws?

Posted by Christopher Martens | Apr 27, 2016 | 0 Comments

When you are pulled over for a DUI, the officer may ask you to take a chemical test to measure what your blood-alcohol content, or BAC, was at the time you were driving. The officer should advise you that you have the choice between a breath test, using a breathalyzer instrument, or a blood test,...

Is Making Threats to My Spouse a Crime?

Posted by Christopher Martens | Apr 25, 2016 | 0 Comments

There are many different types of domestic violence under California law. Making threats to a spouse or someone else with whom you've have had or are in a close relationship with is one of California's domestic violence crimes. For the purposes of California criminal law, domestic violence is abu...

What Constitutes Probable Cause for a DUI Stop?

Posted by Christopher Martens | Apr 21, 2016 | 0 Comments

The Fourth Amendment protects your right to freedom from unreasonable search and seizure by the government. This right means that in order for a law enforcement officer to lawfully pull you over, he or she must have a good reason to do so. Specifically, he or she must have probable cause, or a re...

Can My Spouse Stop Domestic Violence Charges?

Posted by Christopher Martens | Apr 19, 2016 | 0 Comments

Domestic violence is a crime that typically occurs between two people who are close to each other. Ordinarily, you probably do not want your spouse being charged with a crime, but if you feel your safety is threatened you may call the police. Even if your spouse did not intend for you to be crimi...

Can I Get a Restricted License With a Second DUI?

Posted by Christopher Martens | Apr 15, 2016 | 0 Comments

Getting your first DUI is bad enough, but what happens when you get your second DUI? A second DUI offense will result in several mandatory punishments. These are generally more severe, cost more money, and take more time than those for a first DUI offense. Perhaps the most devastating consequence...

Ignition Interlock Devices and Employer Vehicles

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

In response to an increase in public concerns over rising DUI rates, California DMV rules on DUI offenses and license suspensions were revised in 2010. With these revisions, the ignition interlock device was added as a requirement for some offenders. As a result, those who are convicted of a DUI ...

What Are Deportable Crimes?

Posted by Christopher Martens | Apr 07, 2016 | 0 Comments

California is a state with a high number of residents without a full United States citizenship status. Even without full citizen status, those living in California are subject to California law. This means they can be charged and convicted of a crime like any other citizen. But California residen...

Can I Choose Between a Blood and a Breath Test?

Posted by Christopher Martens | Apr 01, 2016 | 0 Comments

Knowing what your rights are during a DUI arrest, or any arrest for that matter, can help you make the right decisions to protect your interests. Even knowing your rights after the fact can help you built a strong defense in court. Ideally, the arresting officer would inform you of your rights, b...

What Is a Cohabitant?

Posted by Christopher Martens | Mar 30, 2016 | 0 Comments

California is a diverse state that treats traditional and nontraditional families equally. Because of this, you do not need to be in a married partnership to commit domestic violence. Under California law, domestic violence is not limited to married spouses. It can also occur between two people w...

Should I Refuse a Field Sobriety Test?

Posted by Christopher Martens | Mar 28, 2016 | 0 Comments

When you are pulled over on suspicion of a DUI, you may be put through a variety of tests. The officer will use these tests to assess your level of intoxication so they can make a decision on whether or not they have sufficient probable cause to arrest you. One of the first steps in the DUI arres...

What Rights Will Expungement Restore?

Posted by Christopher Martens | Mar 24, 2016 | 0 Comments

Having your criminal record expunged can restore your dignity and your confidence, especially when it comes to job hunting. No one should have to let a criminal record prevent him or her from finding a job or housing. Unfortunately, even one criminal conviction can cause you to lose your job or m...

How Do Cops Identify Drunk Drivers?

Posted by Christopher Martens | Mar 22, 2016 | 0 Comments

When police are on patrol, there are a number of signs they will be looking for to identify drunk drivers. These are sometimes called signs of impairment and can be exhibited in drivers in moving vehicles as well as while they are stopped. When driving, these signs of impairment can include swerv...

How Do I Know if I'm Eligible for an Expungement?

Posted by Christopher Martens | Mar 18, 2016 | 0 Comments

Having a criminal record can burden you with limitations, restrictions, and stigma. It can prevent you from holding certain positions or living in certain areas. Unfortunately, a criminal conviction can stay on your record long after you've fulfilled your sentencing requirements and returned to a...

How Do I Seal My Juvenile Record?

Posted by Christopher Martens | Mar 14, 2016 | 0 Comments

The juvenile justice system is little understood. The juvenile justice system is not exactly the same as the criminal justice system, but they work together to rehabilitate youths who have broken the law. Unlike popular belief, your juvenile record is not destroyed once you turn 18. In fact, it i...

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