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...
Posted by Christopher Martens | Apr 03, 2015 |
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...
Posted by Christopher Martens | Apr 02, 2015 |
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...
Posted by Christopher Martens | Apr 01, 2015 |
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...
Posted by Christopher Martens | Mar 30, 2015 |
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...
Posted by Christopher Martens | Mar 27, 2015 |
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...
Posted by Christopher Martens | Mar 26, 2015 |
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...
Posted by Christopher Martens | Mar 25, 2015 |
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...
Posted by Christopher Martens | Feb 16, 2015 |
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...
Posted by Christopher Martens | Feb 12, 2015 |
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...
Posted by Christopher Martens | Feb 10, 2015 |
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...
Posted by Christopher Martens | Feb 06, 2015 |
You've been summoned to court for a Domestic Violence Restraining Order hearing. You may be nervous and don't know how to best represent yourself. Court hearings can be mysterious to many. The papers you were served with are very important and you must follow the directions to respond closely. So...
Posted by Christopher Martens | Feb 04, 2015 |
There are many reasons why your drivers license can be suspended or revoked. Whatever the reason, not having a license can disrupt your life significantly. Driving with a suspended or revoked license is a misdemeanor under California Vehicle Code 14601. The penalties for this offense are serious;...
Posted by Christopher Martens | Jan 20, 2015 |
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...
Posted by Christopher Martens | Jan 16, 2015 |
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...
Posted by Christopher Martens | Jan 14, 2015 |
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...
Posted by Christopher Martens | Jan 12, 2015 |
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...
Posted by Christopher Martens | Jan 09, 2015 |
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...