Getting a DUI is horrendous for many reasons. First of all, let's not beat around the bush: driving DUI is stupid. You know it. Society knows it. Prosecutors and judges know it. It is dangerous. It can lead to senseless injuries and deaths. But whether you actually, technically broke the law or n...
Maybe you're a family doctor in Fresno who made a bad judgment one night after partying in the Tower District. Now you face a felony DUI charge, because you hit someone and hurt him. California Vehicle Code Section 23153 – the injury DUI section – elevates standard misdemeanor charges to felonies...
Have you been arrested for a major crime, like assault and battery, vehicular manslaughter, or DUI? If you are scared, you SHOULD be. California prosecutors are notorious for seeking extensive prison sentences and other draconian penalties, even against first time offenders. Even if you didn't hu...
In theory, defending a DUI may not sound that hard, or at least not that complex. For instance, perhaps police arrested you because you failed your field sobriety tests or because you failed a breath test at a checkpoint stop. Your situation seems straightforward. So you might be under the impres...
Perhaps police stopped you at a checkpoint and arrested you, after you tested to have a BAC just over the California legal limit of 0.08%. Or perhaps you caused a multi-car collision that injured several people, including a child. You are terrified of the possible consequences, and you should be....
Sleep Driving - Ambien DUI When doctors prescribe Ambien or Zolpidem for insomnia they may or my not inform their clients that one side-effect is sleep activities. Sleep: walking, eating, driving and memory loss. These side-effects are considered rare; however, many people are now charged with a ...
The key case on point is Kellett v. Superior Court (1966) 63 Cal.2d 822 (Kellett). It set forth the fundamental standards that we must follow. Kellett established a standard for determining when a successive prosecution is barred that remains viable today. "When . . . the prosecution is or should...
Challenging your California DUI: Field Sobriety Test If you or someone you know has recently been charged and/or arrested for driving under the influence (DUI) in or around Visalia, California, there are various circumstances surrounding your DUI arrest your attorney might choose to challenge dep...
Alcohol Effects on the Human Body and How its Absorption Rate Works While many might be unaware of alcohol effects on the human body and its absorption rate over time, most might be shocked to realize that depending upon their body's rate of absorption and other physical and/or clinical factors, ...
Visalia, California, Spousal Abuse In Visalia, California, when law enforcement officials arrive to the scene of a domestic violence disturbance, the officers will essentially always arrest the abusive person. While many people might think that the suspect in these specific cases are always male,...
Murder is the unlawful killing of another human with malice aforethought. Malice aforethought can be defined as the intent, actual or implied, to kill someone else. The actual intent is when a person truly means to kill someone. The implied intent is when a person wishes harm someone, but ends up...
What is a crime? It's an act or omission prohibited by law for the benefit of the public. Violation of these law is prosecuted by the government and can result in imprisonment, restrictions of liberty or fines. What if the victim doesn't want to press charges? Can the case be dismissed, maybe not...
In California, most people arrested for a DUI believe that the evidence stacked against them makes their case hopeless. Most of those people, however, are incorrect. People believe that pleading guilty is easier than actually fighting the DUI charge. That is also wrong because fighting a DUI is e...
What is the best way to beat a DUI case? Most Visalia and Fresno criminal defense lawyers talk about ways of challenging a DUI or Driving Under the Influence case by talking about breath test, blood test, driving patterns, or field sobriety test. But the best way to beat a DUI charge is by showin...
At your arraignment the judge will ask you how you plead (guilty, not guilty, or no contest) and if you have an attorney or need the court appoint you a lawyer (if you can't afford one) or represent yourself. You have the right to represent yourself. However, this in not usually advisable. If yo...
The California Supreme Court rules that California's medical Marijuana and the compassionate use act does not prevent local city an municipal governments from regulating or prohibiting “collectives” from operation within their jurisdictions. Using zoning laws business that are considered nuisance...
California Health and Safety Code 11350 HS, possession of a controlled substance HS 11350 Covers all narcotics that are possessed without a lawful prescription. It includes drugs including Vicodin and Codeine as well as heroin ecstasy and GHB. The maximum punishment for possession of these drugs ...
Felony Child Abuse, PC 273a(a) California makes it a crime to intentionally injure a child, or to put a child in a situation where it is likely that great bodily harm or death will result. Penal Code Section 273a(a) You can be charged with Felony child abuse if you do any of the following. You...
What are Wobbler Crimes A wobbler is the name given to certain types of crimes which can either be charged as a felony or a misdemeanor. For example, the illegal possession of a controlled substance in violation of penal code section 11377 is an example of a wobbler. A crime which is charged as a...
Expunging your Criminal Record Attorneys from the Law office of Christopher Martens can help you get an expungment of your case for convictions in Kern County, Kings County, Tulare County, or Fresno County. This includes courts in Hanford, Visalia, Bakersfield, Fresno courts. Why would you want a...
How Can I find out information about my Fresno Court case? The easiest way is to contact an attorney that is familiar with the Fresno Superior Court. A phone call from an Attorney to the Fresno County Court or Fresno County District Attorney's office can go a long ways to determining what is happ...
Commonly Asked Questions of Christopher Martens criminal defense lawyer in Fresno, Visalia, and Hanford Courts. California knife laws in 2013 Is it legal to carry a knife in California? Switchblades, gravity knives or any knife that opens automatically is almost always illegal. Under California k...
What is Kidnapping? If you are charged with Kidnaping the Fresno Defense Lawyer can help you fight the charges, here is what you need to know. Kidnaping is using fear or force to move someone a “substantial distance” without their consent. The movement must be more than a slight or trivial dista...
If you are charged with Criminal Threats in the Tulare County Courts (Visalia and Porterville) or Fresno County Courts or Kings County Courts (Hanford or Corcoran) you need a trial attorney to help defend you. People often say things that that don't mean out of anger of frustration. It is common ...
The most common defenses of Crimes charged in California. For those charged with crimes in Porterville, Tulare, Visalia, Fresno, Hanford, Corcoran, and Lemoore the Law offices of Christopher Martens is prepared to present and defend your case. Here is a list of some of the most common defenses to...
We focus on defending clients accused of Domestic Violence and Driving Under the Influence (DUI), two of the most aggressively prosecuted charges in California. Every case starts with listening. We take the time to understand your situation, your concerns, and your goals so we can build a defense strategy tailored specifically to you. If you are under investigation or have already been charged, do not wait. Early action can make a critical difference in your case. Contact us today for a confidential consultation.
