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Field Sobriety and Breathalyzer Tests

Posted by Christopher Martens | Apr 02, 2015 | 0 Comments

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...

Alcohol Education Classes

Posted by Christopher Martens | Apr 01, 2015 | 0 Comments

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...

When You Should be Read Your Miranda Rights

Posted by Christopher Martens | Mar 30, 2015 | 0 Comments

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...

Court Ordered Payments

Posted by Christopher Martens | Mar 27, 2015 | 0 Comments

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...

What to Know About Batterer's Education Classes

Posted by Christopher Martens | Mar 26, 2015 | 0 Comments

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...

What to Know if You Have Multiple DUIs

Posted by Christopher Martens | Mar 25, 2015 | 0 Comments

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...

290 Registration in California: The Ramifications

Posted by Christopher Martens | Feb 16, 2015 | 0 Comments

Sex crimes can run the gamut from innocent mistakes to violent attacks. Not all sex crimes are created equal but most convictions will come with a stipulation that you register as a sex offender. Under Megan's Law, your personal information as well as specifics about your charges must be public r...

What Counts as Domestic Violence? Know the Facts

Posted by Christopher Martens | Feb 12, 2015 | 0 Comments

Relationships are hard. People mistreat other people every day in so many ways but, in the eyes of the law, domestic violence is a serious and punishable offense. Domestic violence is harm or threats to harm someone you are in, or have been in, an intimate relationship with. The stereotypical sce...

Cyberstalking: Know the Boundaries

Posted by Christopher Martens | Feb 10, 2015 | 0 Comments

Humans are all different and so conflict between people is normal and natural for society. We can all say or do things in the heat of the moment, even when we don't really intend on hurting the person. Unfortunately, stalking, cyberstalking and related crimes are very serious and have grave conse...

Rape and False Allegations

Posted by Christopher Martens | Jan 20, 2015 | 0 Comments

Sexual offenses can have contexts that escape the purview of the penal system, making the fairness and justness of a ruling subject to the uncertainty of hearsay. Under California state law you can still face criminal charges for rape even if you were wrongfully accused, if you can't prove your i...

Possession of and Selling Medicinal Marijuana

Posted by Christopher Martens | Jan 16, 2015 | 0 Comments

Since passing the Compassionate Use Act of 1996, qualified patients in the State of California can possess, use, and cultivate medicinal marijuana for personal use. Medicinal marijuana is legal in nearly half of the states, California included. Under California Health and Safety Code 11362.7-1136...

Handling Spousal Battery Charges

Posted by Christopher Martens | Jan 14, 2015 | 0 Comments

Domestic violence is a serious accusation. It can have drastic social and legal ramifications. It is also an area of law where hearsay is taken very seriously. Spousal battery, a form of domestic violence, is a "willful and unlawful use of force or violence upon an intimate partner", according to...

Inaccurate Blood Alcohol Content (BAC) Readings

Posted by Christopher Martens | Jan 12, 2015 | 0 Comments

Drinking and driving is a common, yet serious, offense. In California, driving with a BAC (blood alcohol content) higher than .08% is illegal, according to California Vehicle Code 23152-23229.1. However, blood alcohol content is not always a direct reflection of how impaired you were while drivin...

Driving Under the Influence of Medicinal Marijuana

Posted by Christopher Martens | Jan 09, 2015 | 0 Comments

Despite an expanding legal market for recreational and medicinal marijuana, state and federal governments still have a tight hold on regulations and legislature regarding its possession, transportation, sale, and cultivation. California, where medicinal marijuana use is legal, is no exception. Ca...

The Tragedy of Pleading Guilty to DUI Prematurely

Posted by Christopher Martens | Dec 11, 2014 | 0 Comments

Contrary to the misguided stereotype that most people have about California DUI defendants, most people arrested for major DUI crimes -- like violating California Vehicle Code Section 23152, hit and run, or assaulting a police officer -- do not take a cavalier attitude towards their charges. They...

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