Posted by Christopher Martens | May 07, 2015 |
As part of your sentencing for a drug or alcohol related charge, the court may order you to complete a drug and alcohol evaluation or assessment, along with other penalties. If your charge involved driving, you may also be required to get evaluated to have your license reinstated. You can also be...
Posted by Christopher Martens | May 06, 2015 |
Your Blood Alcohol Concentration, or BAC, is a measurement of how much alcohol is in your blood. It can be measured through a breath test with a Breathalyzer or by a blood test, one of which you a required to take if pulled over for drunk driving. DUI laws are based on BAC readings so it is in yo...
Posted by Christopher Martens | May 06, 2015 |
The Three Strikes Law is perhaps one of the most well known and talked about laws. The Three Strikes Law dictates that with three "strikes" against your criminal record, with strikes being considered as serious felony convictions, you may face a prison sentence of 25 years to life. Similarly, und...
Posted by Christopher Martens | May 05, 2015 |
Drinking on the job, while acceptable in some professions, is dangerous to do if you drive a commercial vehicle as part of your work. Having a beer with lunch might be fine for some people, but those with certain job duties can land themselves in serious trouble for taking the same liberty. The B...
Posted by Christopher Martens | May 04, 2015 |
Domestic violence does not have to be limited to physical violence within the family home. Today, with family situations becoming increasingly diverse and with more people communicating online, domestic violence can be found wherever you are in contact with a close family member or someone you've...
Posted by Christopher Martens | May 01, 2015 |
Getting arrested is a stressful experience. It is understandable to not fully understand the process or make poor decisions under this kind of distress. Resisting arrest, however, is a chargeable crime and it takes less than you think. You may have a possible defense in court if you feel you were...
Posted by Christopher Martens | Apr 30, 2015 |
California citizens have a right to have freedom from violence. This right is safe guarded by laws that cover many different kinds of harm, threats to harm included. Even if you never actually hurt someone, you can still be charged with criminal threat if you make a threat to cause serious bodily...
Posted by Christopher Martens | Apr 29, 2015 |
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. ...
Posted by Christopher Martens | Apr 28, 2015 |
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...
Posted by Christopher Martens | Apr 27, 2015 |
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...
Posted by Christopher Martens | Apr 24, 2015 |
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...
Posted by Christopher Martens | Apr 23, 2015 |
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...
Posted by Christopher Martens | Apr 22, 2015 |
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...
Posted by Christopher Martens | Apr 21, 2015 |
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...
Posted by Christopher Martens | Apr 20, 2015 |
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...
Posted by Christopher Martens | Apr 17, 2015 |
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...
Posted by Christopher Martens | Apr 16, 2015 |
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...
Posted by Christopher Martens | Apr 15, 2015 |
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...
Posted by Christopher Martens | Apr 14, 2015 |
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...
Posted by Christopher Martens | Apr 13, 2015 |
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...
Posted by Christopher Martens | Apr 10, 2015 |
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 ...
Posted by Christopher Martens | Apr 09, 2015 |
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...
Posted by Christopher Martens | Apr 08, 2015 |
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...
Posted by Christopher Martens | Apr 07, 2015 |
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...
Posted by Christopher Martens | Apr 06, 2015 |
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...