Posted by Christopher Martens | Aug 24, 2015 |
Since most people will not experience getting arrested in their lives, many don't know what getting arrested means, what their rights are during and after an arrest and what they can do once arrested. This is understandable. If you've never been arrested or even known someone that has been arrest...
Posted by Christopher Martens | Aug 21, 2015 |
California law states that it is illegal for anyone to drive a vehicle on public roads while impaired by any substance. However, vehicle is not the most straightforward term. Many Californians bike rather than drive because of convenience, affordability and the ability bikes provide to bypass not...
Posted by Christopher Martens | Aug 20, 2015 |
Many things can happen when you get a DUI. One of the most important things that will happen to you after a DUI conviction is the DUI will show up on your criminal record as either a misdemeanor or a felony charge. While a DUI can only be used against you for sentencing purposes on subsequent off...
Posted by Christopher Martens | Aug 19, 2015 |
California has a large number of jails and prisons spanning the state, holding well over 100,000 inmates at any given time. California prisons are over populated and so more and more people are being sentenced to jail time instead of prison time. Non-violent, minor offenders often face only jail ...
Posted by Christopher Martens | Aug 18, 2015 |
Getting a DUI at any time or any place can put you in a world of hurt. Driving under the influence kills hundreds of Californians yearly and for this reason, California state law does all it can to protect its citizens from drunk driving. One way the law accomplishes this is by giving harsher pun...
Posted by Christopher Martens | Aug 17, 2015 |
Theft, particular property theft, is one of the most common crimes in California. Shoplifting is a kind of theft charge and comes with the some of the same consequences any theft would. However, shoplifting is in a slightly different category because the theft is from a merchant on a merchant's p...
Posted by Christopher Martens | Aug 14, 2015 |
As you probably know, your criminal record can be taken into consideration when you are being sentenced for a crime. If you have had prior offenses within a certain period of time, you can be punished more severely than if it was your first offense. California courts ensure that crime recidivists...
Posted by Christopher Martens | Aug 13, 2015 |
There are many different court systems in California that deal with different types of cases. Sometimes they work together and sometimes they defer cases to another court system that can more appropriately deal with the case. Drug courts, a type of collaborative court, are one such kind of system...
Posted by Christopher Martens | Aug 12, 2015 |
DUI cases are relatively simple in what is considered as evidence and what facts of the case are examined. In California, it is illegal to drive on a public road with a blood alcohol concentration, or BAC, of .08% or over. To prove you broke this law, the prosecution much prove, beyond a reasonab...
Posted by Christopher Martens | Aug 11, 2015 |
Trial is something most people won't have to go through in their lifetime. Many criminal cases in California criminal justice system will be prosecuted and concluded prior to going to trial. A criminal trial is a lot of work; it can involve witnesses, testimonies and questioning. You will most li...
Posted by Christopher Martens | Aug 10, 2015 |
If you are facing DUI charges, you might be thinking you have no options and you might as well plead guilty and be done with it. Maybe you knew you were over the legal BAC limit of .08% and can see no reason to fight an inevitable conviction. California prosecutes DUI cases aggressively and has s...
Posted by Christopher Martens | Aug 07, 2015 |
Those with a criminal record often regret their crimes for long into the future because while the punishment of the crime may have been minimal, lasting only a few years, living with a criminal record the rest of their life can be hard. You will have to disclose criminal convictions often, when a...
Posted by Christopher Martens | Aug 06, 2015 |
At your first court appearance for your DUI, called the DUI arraignment, you will be asked how you plan to plead. There are three options for a DUI: guilty, not guilty and nolo contendere, also called no contest. You may come to the arraignment already knowing how you will plead or you may need g...
Posted by Christopher Martens | Aug 05, 2015 |
Having a criminal record can be a discouraging thing. It can limit your job prospects and prevent you from being eligible for some housing or public assistance. Furthermore, you may have to provide details of your conviction(s) every time you apply for a job, volunteer position or housing. Failin...
Posted by Christopher Martens | Aug 04, 2015 |
Once you are arrested for a DUI, your life will change dramatically. If you've never been charged with a crime before, this may be your first experience being a defendant in court. You will have to appear in court for a DUI a minimum of one time, several times if your case goes to trial. Your fir...
Posted by Christopher Martens | Aug 03, 2015 |
Non-violent drug charges are unique. The California court system sees drug offenders as both criminals and people in need of rehabilitation from their addiction or dependency on a substance. Unfortunately, many non-violent drug offenders cycle in and out of the criminal justice system, unable to ...
Posted by Christopher Martens | Jul 31, 2015 |
You may have heard that you cannot be required to take a BAC, or blood alcohol concentration, test for a DUI. This is good advice in some circumstances and bad advice in others. Unfortunately, not understanding this part of California DUI law can result in harsher sentences and loss of your licen...
Posted by Christopher Martens | Jul 30, 2015 |
Marijuana laws in California have gone through a lot of changes in the last several years. As of 2011, marijuana possession of less than one ounce, about 28.5 grams, for personal use in California has been reduced from a misdemeanor to an infraction. Infractions aren't considered criminal charges...
Posted by Christopher Martens | Jul 29, 2015 |
Being arrested for a DUI starts a series of processes. You will have to deal with consequences handed down from the California Department of Motor Vehicles as well as the criminal justice system. Your first appearance in the criminal justice court after being arrested for a DUI will be your DUI a...
Posted by Christopher Martens | Jul 28, 2015 |
Having a criminal record can affect you negatively and follow you around your whole life. Job prospects, public assistance, financial aid and housing opportunities all may be limited. The stigma alone of having a criminal record can limit opportunities of all kinds. Fortunately, there are ways yo...
Posted by Christopher Martens | Jul 27, 2015 |
Federal law prevents any law enforcement officer from pulling you over while driving without having a good reason to. This good reason is called probable cause and it is necessary for a pull over to be valid. Probable cause is part of the Fourth Amendment, which allows citizens the right to freed...
Posted by Christopher Martens | Jul 24, 2015 |
When you think of criminal convictions, you may think someone can be either guilty or innocent. If you've been at a court hearing or have faced criminal charges yourself, you may be aware that there is a third plea you can enter for those who are not guilty but who cannot, or do not want to, prov...
Posted by Christopher Martens | Jul 23, 2015 |
Different states hold criminal charges on your record for different periods of time. In California, a DUI will remain up for consideration on your criminal record for ten years. This is called the ten-year "look back" period. In the case of a DUI, all DUI convictions as well as wet reckless convi...
Posted by Christopher Martens | Jul 22, 2015 |
Prostitution is an established industry in California and in other areas across the nation. It is a particularly large industry in California specifically. California tops all other states for prostitution arrests. For this reason, prostitution and related activities are heavily prosecuted in Cal...
Posted by Christopher Martens | Jul 21, 2015 |
You may be familiar with the different kinds of charges you can face for violating a law. Criminal acts will either be charged as a misdemeanor or felony. Many crimes may be always charged as a misdemeanor or as a felony however some are more flexible. In California, many crimes can be charged as...