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Can Disturbing the Peace Be Domestic Violence?

Posted by Christopher Martens | Mar 08, 2016 | 0 Comments

Many people think of disturbing the peace as something that happens in a public setting, generally involving someone who is belligerent or a group of people who are unruly, such as protesters or rioters. By definition, it is considered a crime against the public peace. Common examples of disturbi...

Do I Have to Install an IID in My Motorcycle?

Posted by Christopher Martens | Mar 04, 2016 | 0 Comments

Many Californians who get a DUI will be ordered to install an Ignition Interlock Device in any vehicle they drive or own, except for employer-owned vehicles. Ignition Interlock Devices, or IIDs, are mandatory for those with first-time DUI convictions in Alameda, Sacramento, Los Angeles, or Tulare...

Can Harassment Be Domestic Violence?

Posted by Christopher Martens | Mar 02, 2016 | 0 Comments

Domestic violence is often discussed in the media as if it were a single criminal act. In reality, domestic violence is just the term we use when discussing violence in domestic situations. The violence itself can come in many forms. Harassment is one form of violence that can fall into the categ...

Driving on a License Suspended for a DUI

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

Getting a DUI results in many consequences that will affect your life immediately and in the future. Some of your rights and privileges may be taken away and without a doubt this will involve your driving privileges. Perhaps one of the hardest components of the sentencing for a California DUI is ...

Is it Domestic Violence if We Are Not Married?

Posted by Christopher Martens | Feb 04, 2016 | 0 Comments

Domestic violence is a complex problem, one that reaches many different families, traditional and non-traditional. The common depiction of domestic violence is a husband abusing his wife, however, today domestic violence can affect unmarried couples and others in a variety of different domestic s...

What Can I Do if I Was Falsely Identified?

Posted by Christopher Martens | Feb 02, 2016 | 0 Comments

California has over 38 million residents that are subject to state law. The California criminal justice system is charged with prosecuting criminals and thus protecting these 38 million people; a large feat indeed. Unfortunately, in such a populous state, some people are misidentified or falsely ...

How Do I Know the Sobriety Checkpoint Was Legal?

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

In California, DUIs come at a great cost to the community at large. Because of this high cost, DUI reduction strategies range from dedicated DUI patrol to sobriety checkpoints. In most instances, California law enforcement officers must have probable cause to pull you over as a driver. Probable c...

Do Criminal Cases Have a Statute of Limitations?

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

The California criminal justice system is tasked with prosecuting crimes and protecting California's citizens. You may think that this system has the power to prosecute and convict criminals at any point. In reality, criminal cases, as well as civil, have what is called a statute of limitations. ...

Can I Get a DUI in a Private Parking Lot?

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

Under California law, it is illegal to drive while under the influence of alcohol, under any circumstances. Many people may think California's DUI laws only apply when you are driving on public California roads and highways. In reality, California DUI laws extend to driving any vehicle anywhere, ...

What Is Corporal Injury to a Spouse?

Posted by Christopher Martens | Jan 21, 2016 | 3 Comments

Domestic violence affects millions of Californians statewide. Many cases go undiscovered and thus unprosecuted, leaving victims unprotected. Domestic violence crimes are particularly prevalent in California, and law enforcement takes prosecuting the perpetrators of these crimes very seriously. Do...

Can I Refuse a Search Request?

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

US citizens have a constitutional right to a certain level of reasonable privacy. The government cannot search your person or your property without good cause. There are laws to protect that privacy, but there are also laws that allow law enforcement officers to encroach upon your privacy in cert...

What Does Zero Tolerance Mean?

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

When it comes to California DUI laws, there are varying levels of tolerance with which California views drinking and driving. It is not illegal in and of itself to drive with alcohol in your system, so it can be said that there is a certain amount of tolerance towards driving after having been dr...

What Happens if I Violate a Restraining Order?

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

Most people think of a restraining order as a document ordering someone to stay away from another person who is protected under law. In reality, this is only one of the things a restraining order can do. Restraining orders do much more than order defendants to stay away from the protected person ...

What Is Domestic Battery?

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

Experienced Visalia Defense Lawyer Domestic violence is an overreaching problem comprised of several different criminal charges under California law. The legal definition of domestic violence is quite broad, covering a wide range of actions under a variety of circumstances. Because of this ambigu...

Can I Clean Up My Record While on Probation?

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

As part of the sentencing for many misdemeanor and felony crimes, you may be given a period of probation, either summary (informal), or formal probation. Probation is a period of monitoring while you are in the community in exchange for the suspension of certain elements of sentencing for a crime...

Can I Get a First-Time DUI Diversion?

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

Getting your first DUI can be quite disruptive to your life. Getting a DUI is often a mistake you will always regret. Some people think that you may be able to avoid a conviction for certain crimes if it is your first offense and you participate in a diversion program. In certain cases, this is t...

How Can I Clean My Record After Probation?

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

Having a criminal record can hold you back in life. Regardless of your crime, having a record can hurt your chance of securing gainful employment. It can also prevent you from obtaining certain positions within your community, or obtaining public assistance. Luckily, there are methods through whi...

Can I Seal My Criminal Record?

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

Having any kind of conviction on your criminal record can cause you to miss out on many opportunities. Our society is such that criminals are stigmatized and unfairly discriminated against for what are sometimes only small indiscretions made in their youth or for simply being in the wrong place a...

How Soon Can I Apply for an Expungement?

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

Being convicted of a crime may seem like the end of the world. You may face discrimination when applying for jobs, housing, or volunteer opportunities. In the past, it was an arduous process for someone to look up another person's criminal record. Today, digitized records and online access to cri...

What Is a Crime Against Nature?

Posted by Christopher Martens | Dec 18, 2015 | 0 Comments

A crime against nature is typically a component of another sexual offense, such as a rape or molestation charge. While there are no specific crimes against nature law, they fall under the category of other sexual offenses. Crimes against nature are typically charged as sodomy. Sodomy laws are con...

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