Getting a DUI is hard enough; the fines, penalties and conditions of your sentencing are designed to severely deter recidivism. However, other facts about the crime could increase the severity of your sentencing even more. Things that aggravate your sentencing are called sentencing enhancements. ...
Along with all the limitations that come along with a Domestic Violence Restraining Order, like staying out of a certain proximity to the protected person or limiting contact with them, you can also be ordered to relinquish ownership of all firearms and ammunition for the duration of the order. E...
Domestic violence affects all members of a household. Family pets are now mainstream members in many family households. Family pets are also at risk when domestic violence occurs. People sometimes let their anger out on the family pet and while this may deflect anger away from the other family me...
The court system has a powerful role in our society. The system expects respect and obeisance by all citizens. Not obeying or showing disrespect for the court system is called contempt of court. Contempt of court is a criminal charge that can come complete with fees, jail time and community servi...
Rape is a sex crime in California, generally characterized by sexual intercourse that one party did not consent to. We may traditionally think of rape as when a man physically forces a woman to have sex with him. In reality, there are other scenarios that are covered under PC 261, California's ra...
After you've committed a crime and have paid your debt to society, you may be eligible to apply for a Certificate of Rehabilitation. A Certificate of Rehabilitation does not mean your crime is erased from the record or even sealed. A Certificate of Rehabilitation can't erase the fact that you wer...
Drinking and driving is a serious offense in California. While the legal age of drinking in California is 21, underage drinking is still relatively common. Underage drinkers who drive tend to cause more accidents so California courts have strict regulations on underage drinking and a zero toleran...
If you've been served with a temporary Domestic Violence Restraining Order, you might not know where to start. The order itself can be packed with crucial information you need to heed. You also will have to appear in court if you want to disagree with or dispute the order in any way. With one pie...
Hurting someone is a crime. Under California state law, assault and battery are serious charges that can result from hurting, or attempting to hurt, another person. While you do not have to have actual physical contact with someone to assault them, making physical contact can land you with a conv...
Rape, including date rape, is a serious charge. With a minimum 3-8 year prison sentence, it will disrupt your life for years to come. On top of your court sentence: which can include prison time, fees, community service or educational classes, you will also have to register as a sex offender in t...
Despite best efforts, we all find ourselves in disputes that bring out the worst in us. Even if you are not a physically violent person, you may find yourself saying things you don't mean in a tone that does not reflect your best intentions. The evolving world of psychology now states that verbal...
Date rape is a unique account of rape. It occurs between two people who were spending time together but, allegedly, one person did not consent to sex. As with other rape charges under California PC 261, date rape involves sexual intercourse between a person and a non-consenting party. Keep in min...
Restraining orders broadly restrain a person from doing something to another person. They can be between two friends, two spouses or two strangers. The actions the restrained is prevented from doing can range from being in proximity to the protected person to emptying a savings account when spous...
Causing an accident is one of the risks that come with drinking and driving. This might infrequently happen but when it does, you could face some serious consequences. Under California Vehicle Code section 23153, the prosecution does not have to prove you violated any specific traffic law if you ...
There are many ways you can harm someone. Battery is a criminal charge that covers an unlawful, but capable, attempt to injure another person. In other words, battery is an intentional action mean to hurt someone. You have to have had committed that action but it does not need to have been effect...
Just like how violence can happen online, harassment can to. This is probably one of he better known evils of the internet. It is sometimes just easier to say what you want to say or do what you want to do online. While this can be good in some circumstances, if you have been accused of online ha...
One of the requirements of a DUI sentencing is filing a SR-22 form with an insurance agency. This is basically a statement of financial responsibility of the driver. This is meant to ensure that if you are a dangerous driver, as having a DUI would suggest, that you are financial responsible for w...
Domestic violence is serious so California law enforcement officers take any domestic violence call will take the upmost precaution. While California is one of the states that do not make an automatic arrest when responding to a domestic violence call, there are certain conditions of the conflict...
Being pulled over for drunk driving can be extremely stressful. A lot can happen during a DUI arrest. The best thing to do is be educated and informed about California DUI laws before you are arrested but learning about them after the fact can still help you understand your case better and help y...
When an officer suspects you may be driving under the influence and pulls you over, you may be asked to take a field sobriety test or an "FST". This test is meant to assess your coordination, balance and concentration under the assumption that they will be compromised if you had been drinking. Th...
As part of your DUI sentencing, you could be ordered to take alcohol education classes geared towards DUI offenders. The length of the classes depends on whether or you a first time offender or you are a multiple offender. First time DUI offenders will have to take a minimum three months of class...
Being arrested is something hard to prepare for. If you've never been arrested before, you might not know what to do or what to say. You have probably heard about your Miranda Rights, which should be read to you at the time of arrest. Your Miranda Rights are read to inform you of your rights when...
Domestic violence related sentencing depends on the two things; the circumstances ofthe crime you committed and your criminal history. At a minimum, you can face a yearin jail and thousands in fines. As an alternative to jail time, sometimes you will be granted probation for a minimum of three ye...
As part of a California Domestic Violence offense, you may be ordered to take court-ordered educational classes that are meant to change your behavior going forward. These are sometimes called Batterer's Intervention Programs or Batterer's Education Program. These programs are usually court-order...
Getting one DUI will cost you time and money. Getting two or more DUIs will cost you significantly more time and money because in California, DUI sentencing gets harsher as you stack up offenses. Convictions will stay on your record for ten years and if you get another DUI during that period, you...
We focus on defending clients accused of Domestic Violence and Driving Under the Influence (DUI), two of the most aggressively prosecuted charges in California. Every case starts with listening. We take the time to understand your situation, your concerns, and your goals so we can build a defense strategy tailored specifically to you. If you are under investigation or have already been charged, do not wait. Early action can make a critical difference in your case. Contact us today for a confidential consultation.
