2013

Blog Posts in 2013

  • General Crime

    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, because the District Attorney’s office represents the state decides what cases to prosecute as crimes ...
    Continue Reading
  • DUI Blog

    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 easier than one would think. For example, the machines could have malfunctioned during your test. Or the ...
    Continue Reading
  • Best way to beat a DUI

    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 showing reasonable doubt that you were the one driving. Most cases driving is not an issue; however, in a ...
    Continue Reading
  • Should I represent myself in court?

    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 you represent yourself you may not know all viable potential legal defenses or how to present them. You ...
    Continue Reading
  • California Supreme Court Ruling

    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 nuisances can be excluded from operation by local ordinance. The ruling does not limit or affect patients ...
    Continue Reading
  • Drug crimes in Fresno and Visalia California

    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 is 3 years in state prison. However, most first time offenders will qualify for a drug program like PC ...
    Continue Reading
  • Felony Child Abuse PC 273a(a)

    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 willfully inflicted unjustifiable physical pain or mental suffering on a child; or, You caused or ...
    Continue Reading
  • What are Wobbler Crimes

    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 misdemeanor carries a max county jail time of 1 year. In contrast, the minimum confinement time for a ...
    Continue Reading
  • Getting a fresh start - Expunge your record

    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 an expungment? An expungment of your record is in the simplest terms a second chance at a clean record. ...
    Continue Reading
  • Commonly Asked Questions

    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 knife carry laws in 2013 a fixed blade knifes are only illegal to carry if they are concealed on the ...
    Continue Reading
  • How Can I find out information about my Fresno Court case?

    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 happening with your case. You can also call the Fresno Superior Court yourself at (559) 457-2000 The Fresno ...
    Continue Reading
  • What is Kidnapping?

    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 distance. Kidnapping PC 207(a) Penal Code 207(a) The People must prove beyond a reasonable doubt that: The ...
    Continue Reading
  • What is a Criminal Threats, Penal Code, PC 422?

    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 for angry confrontation or dispute for someone to day “I want to kill you” or “I’m going to kick your ...
    Continue Reading
  • Common Defenses to California Crimes.

    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 criminal charges. Accident - Under California law crimes must be committed “willfully” that means the ...
    Continue Reading
  • Burglary PC 459

    There are three types of Burglary: First degree, Second Degree, and Grant Theft Auto. First Degree Burglary which is entering into an occupied home with the intent to commit a felony. A home that people live is an occupied residence even if they are not home at the time. If people are present when the burglary takes place the defendant can face enhancements make the prison sentence much longer. ...
    Continue Reading
Page 1 of 2