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Verbal Abuse in the Home

Posted by Christopher Martens | Apr 15, 2015 | 0 Comments

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...

What You Should Know About Date Rape

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

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...

Civil vs. Criminal Restraining Orders

Posted by Christopher Martens | Apr 13, 2015 | 0 Comments

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...

DUIs and Car Accidents

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

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 ...

Facing Battery Charges: What You Need to Know

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

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...

Online Harassment: Be Careful What You Post

Posted by Christopher Martens | Apr 08, 2015 | 0 Comments

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...

DUIs and SR-22 Filing

Posted by Christopher Martens | Apr 07, 2015 | 0 Comments

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...

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...

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