2015

Blog Posts in 2015

  • 2016 is finally here, and with the New Year there are new criminal laws.

    2016 is finally here, and with the New Year there are new criminal laws. Under AB 604 it is now an infraction to operate an "electrically motorized board" while under the influence of drugs or alcohol. This means that hoverboards and their equivalents have been added to all manner of personal electric vehicles, not to mention full sized cars and trucks, which carry criminal penalties for operating ...
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  • Can I Get a First-Time DUI Diversion?

    Getting your first DUI can be quite disruptive to your life. Getting a DUI is often a mistake you will always regret. Some people think that you may be able to avoid a conviction for certain crimes if it is your first offense and you participate in a diversion program. In certain cases, this is true. Under California law, certain first-time offenders may be eligible for alternative consequences ...
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  • How Can I Clean My Record After Probation?

    Having a criminal record can hold you back in life. Regardless of your crime, having a record can hurt your chance of securing gainful employment. It can also prevent you from obtaining certain positions within your community, or obtaining public assistance. Luckily, there are methods through which you can remove certain pieces of information from your criminal record. The process of cleaning up ...
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  • Can I Seal My Criminal Record?

    Having any kind of conviction on your criminal record can cause you to miss out on many opportunities. Our society is such that criminals are stigmatized and unfairly discriminated against for what are sometimes only small indiscretions made in their youth or for simply being in the wrong place at the wrong time. Luckily, there is a way you can clean up your criminal record and erase evidence of ...
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  • How Soon Can I Apply for an Expungement?

    Being convicted of a crime may seem like the end of the world. You may face discrimination when applying for jobs, housing, or volunteer opportunities. In the past, it was an arduous process for someone to look up another person's criminal record. Today, digitized records and online access to criminal records has made it easier than ever to access information about your criminal past. A criminal ...
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  • What Is a Crime Against Nature?

    A crime against nature is typically a component of another sexual offense, such as a rape or molestation charge. While there are no specific crimes against nature law, they fall under the category of other sexual offenses. Crimes against nature are typically charged as sodomy. Sodomy laws are considered somewhat archaic and thus are controversial. These laws vary from state to state and ...
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  • Can I Be Ordered to Go to Therapy for a DUI?

    Getting a DUI will result in many consequences. Even a first-time DUI offense will result in a fine, a suspended license, an order to complete a DUI education program, jail time, and potentially an order to install an Ignition Interlock Device in any vehicle you drive or operate. To have your license reinstated, you will also have to submit an SR-22 filing with the California DMV and pay a ...
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  • What Are the Penalties for Money Laundering?

    Money laundering is a process through which money acquired from criminal activity is legitimized by making it appear as if it came from a non-criminal source. Money laundering can both mask the source of the money as well as the original ownership, making it harder to trace the crime back to one person. process of money laundering essentially masks the original, here criminal, source of the money ...
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  • Can I Get a DUI While on an ATV?

    ATVs, or all-terrain vehicles, are popular recreational vehicles for Californians all across the state. From sand dunes to desert trails, ATVs provide amusement for those who love the outdoors. Although ATVs are primarily used for off-road recreational purposes, they can be driven on California roads and are considered motor vehicles for most purposes. Because you are subject to California's laws ...
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  • Should Your Represent Yourself In Criminal Court? Faretta v. California (1975) 422 U.S. 806).

    Should You Represent Yourself In Criminal Court? The 6 th Amendment of the United States Constitution guarantees that all persons accused of criminal acts have the right to the assistance of counsel. The Courts have interpreted this guarantee to include the right of the accused to represent themselves at trial ( Faretta v. California (1975) 422 U.S. 806). Despite non-attorneys' limited ...
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  • What Constitutes Illegal Gambling?

    Gambling has long been a favored pastime in the United States. In California, gambling is heavily controlled, limiting where and when you can gamble and the ways in which you can gamble. Many Californians simply head to Vegas for the weekend to get their gambling fix in, but those who choose to stay in-state could face criminal prosecution. Gambling in California is regulated by the Bureau of ...
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  • What Is Arson?

    Fire has significant destructive powers. Accordingly, fire can cause severe damage to wildlife and property and can cause severe injury and even death. California is particularly vulnerable to the destructive forces of fire, as its wildfires cost hundreds of millions of dollars annually in control, clean up, and repair efforts. Due in part to California's vulnerability to fire, arson is a heavily ...
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  • Do I Need to Be Driving to Get a DUI?

    California DUI laws are fairly comprehensive. They account for driving under the influence of drugs and/or alcohol and cover a range of circumstances where a person may be in control of a vehicle while under the influence. Being in control of a vehicle doesn't necessarily mean you were driving it. If you have been arrested on suspicion of a DUI, but were not actually caught in the act of driving, ...
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  • What Are the Penalties for Trespassing?

    Property owners of all kinds, be it an individual or a municipality, have a right to freedom from trespassers on their property. In a densely populated state such as California, this freedom is often threatened. Under California law, it is a chargeable offense to knowingly and intentionally enter onto property or land you do not own without the owner or possessor's consent, to include failing to ...
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  • Serna Motion - Barker v. Wingo (1972) 407 U.S. 514

    Whether looking for a new job, seeking promotions, or otherwise trying to improve one's position in life, unresolved criminal cases can cause a significant negative impact on those efforts. Under the 6 th Amendment to the United States Constitution, the right to have a speedy trial is recognized. This right was reiterated by and incorporated into the California Constitution (Article I, Section ...
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