Posted by Christopher Martens | Oct 09, 2015 |
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 ...
Posted by Christopher Martens | Oct 08, 2015 |
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...
Posted by Christopher Martens | Oct 07, 2015 |
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...
Posted by Christopher Martens | Oct 06, 2015 |
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 ...
Posted by Christopher Martens | Oct 05, 2015 |
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...
Posted by Christopher Martens | Oct 02, 2015 |
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...
Posted by Christopher Martens | Oct 01, 2015 |
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 ...
Posted by Christopher Martens | Sep 30, 2015 |
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...
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 ...