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...
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...