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...
Posted by Christopher Martens | Sep 18, 2015 |
Getting a DUI for driving under the influence of drugs or alcohol brings with it many changes. You will have court dates to appear at, fines and fees to pay, alcohol education classes to sign up for and potentially jail time to serve. On top of that, your license will be suspended for a period of...
Posted by Christopher Martens | Sep 17, 2015 |
Drug crimes are quite common in California, criminalizing everything from gifting drugs to trafficking them. Unfortunately, drug crimes are also some of the most prosecuted crimes in California. Luckily, California drug laws are experiencing a lot of changes recently. In an effort to redistribute...
Posted by Christopher Martens | Sep 16, 2015 |
Car accidents in California are relatively common. Most of us have been in a car accident or two in our life times. Many people injure themselves and others in car accidents every day. In most cases, you will not be criminally charged for injuring someone in an accident, even if you caused it. Ho...
Posted by Christopher Martens | Sep 15, 2015 |
If you are being criminal prosecuted and are pleading not guilty, your case may be heading to trial. Under the Sixth Amendment, defendants have a right to a speedy, public and fair trial before they are convicted. At trial, evidence, arguments and testimony will be presented to a judge and/or jur...
Posted by Christopher Martens | Sep 14, 2015 |
In California, there are two unlawful actions that can lead to a DUI conviction. Under California Vehicle Code 23152, it is unlawful to drive while under the influence of alcohol and/or while driving with a blood alcohol concentration, or BAC, above .08%. Because both of these actions are unlawfu...
Posted by Christopher Martens | Sep 11, 2015 |
Facing criminal charges can have many people panicking. You may have a good idea of what plan of action you want to take but don't know how to do that. This is understandable. The California criminal justice system can be hard to navigate if you don't have education or training in law. If you are...
Posted by Christopher Martens | Sep 10, 2015 |
California DUI laws state that it is illegal to drive under the influence of alcohol. It is also explicitly illegal to drive with a blood alcohol concentration, or BAC, over .08%. These are essentially two laws for the same act. In other words, you can be guilty of breaking both of these laws whe...
Posted by Christopher Martens | Sep 09, 2015 |
As part of the punishment for many misdemeanor and felony crimes, a period of probation may be ordered. Probation takes the place of incarceration or detention. It allows the defendant to be free in their community, however they still have to be under close supervision by the court system. Probat...
Posted by Christopher Martens | Sep 08, 2015 |
For committing a crime, you could get either jail or prison time as a part of your sentence. Typically, those convicted of misdemeanors will face up to no more than year in a county jail and those convicted of felonies may face jail or prison time. Prison time is obviously much more serious than ...
Posted by Christopher Martens | Sep 04, 2015 |
With most misdemeanor or felony criminal offenses in California, your punishment may include a period of probation. Probation is a period of time when you are held to high standards by the criminal justice system. During this time, you may have any number of restrictions set on you. You may have ...
Posted by Christopher Martens | Sep 03, 2015 |
If you've been arrested and have your arraignment coming up, you may be wondering what will happen at the hearing. Many of us have never even been inside a courtroom so going to an arraignment hearing may be nerve wracking and stressful. When someone is being criminally prosecuted, one of the fir...
Posted by Christopher Martens | Sep 02, 2015 |
California is a big state, filled with lots of cars and lots of drivers. Unfortunately, California has some of the most dangerous roads in the country. In an attempt to increase the safety of these roads, those driving with disregard for this safety are charged with driving crimes. Reckless drivi...
Posted by Christopher Martens | Sep 01, 2015 |
There are usually two to three options to plea in a criminal case: guilty, not guilty, basically a plea of innocence, or no contest. While you may not always have the option to plead no contest to some crimes, you will always have the opportunity to plead either guilty or not guilty. If you are f...
Posted by Christopher Martens | Aug 31, 2015 |
DUI checkpoint stops, also called sobriety checkpoints, are points on a road where police officers stop cars arbitrarily to check for driving under the influence. When you are driving under the influence of alcohol, there are numerous sign an officer can look for that would indicate you had been ...
Posted by Christopher Martens | Aug 28, 2015 |
If you are facing a criminal charge, you may be wondering what will happen to your case as it is handled by the criminal justice system. If you are being criminally prosecuted, you will first be arraigned by the court. At the arraignment, the charges against you will be reviewed and you will be n...
Posted by Christopher Martens | Aug 27, 2015 |
When it comes to drinking and driving, California takes things seriously. Even if you aren't caught drinking and driving, there are a number of other unlawful activities involving alcohol and driving that can result in citations or criminal charges. Under California Vehicle Code 23223, no driver ...
Posted by Christopher Martens | Aug 26, 2015 |
Managing your finances in an age where we have multiple bank accounts, checks, debit and credit cards can be complex. If you have multiple accounts or multiple cardholders on your accounts, you may not have good tabs on what is going on with your finances. We've all made mistakes and bounced chec...
Posted by Christopher Martens | Aug 25, 2015 |
California DUI law clearly states it is unlawful to operate a motor vehicle while under the influence of drugs or alcohol. It is the intent of California DUI laws to prevent anyone from posing a risk to themselves or others while driving under the influence. Driving on private property, regardles...