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June

Blog Posts in June, 2015

  • Resisting an Executive Officer

    Being arrested or otherwise apprehended by a police officer or other peace officer can be a stressful experience. The officer will be saying a lot of things and you may be wondering what to do in that scenario. Based on recent news across the nation, you may be thinking that resisting an officer could result in serious injury or even death. You may feel threatened and in any situation where you ...
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  • Unfair Treatment by an Officer

    People in a position of authority have long been known to have a tendency to let their authority influence how they treat others. Unfortunately, this influence can have major ramifications for those being treated unfairly. Police brutality has been in the news lately with incidents happening all over the country. In Ferguson, Baltimore and New York, unfair treatment by police officers is being ...
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  • What is Solicitation?

    For thousands of years, prostitution has long been a bona fide profession across the world. Not surprisingly, it still thrives in other countries around the world and can be found in many areas around the nation. California is no exception. Despite how common prostitution is and has always been, it is criminalized in 49 states with Nevada being the exception. Even in Nevada, there are many ...
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  • What is an Arrest Warrant and What Does It Do?

    The sheer volume of the crimes committed in the state of California, paired with extremely limited law enforcement resources means that many crimes are committed and manage to escape the eye of the law. Not all criminals are caught in the act at the time they commit their crime. Some may never get caught but others will eventually have to face the consequences of their actions. Investigative ...
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  • Welfare and Public Assistance Fraud

    Fraud is a broad range of crimes all involving someone who takes action to acquire undeserved benefits or assets, while putting others at a disadvantage. Fraud crimes usually involve contracts and similar agreements where two parties enter into some sort of a legal contract be it between a business and an individual, between two businesses or between two individuals. For example, filing out a ...
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  • What Happens if You're Caught Driving Without a License?

    Many Californians have driver's licenses. Every year, 8.25 million driver's licenses and IDs are issued by the California Department of Motor Vehicles. California's public transportation system isn't always sufficient in some areas and private transport, while increasing in popularity and access, can be expensive. Without a driver's license, being competitive in the job market is hard and you may ...
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  • Loitering and the Law

    Public and private spaces alike are protected under California law. Public spaces are protected so they are used for their intended purposes and they remain safe and operational for the public. Private spaces, such as personal property, are protected from trespassers or from unreasonable, i.e. illegal, search and seizure, as under the Fourth Amendment . Public spaces are generally highly regulated ...
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  • Minor License Suspensions and Drug Charges

    Getting a first driver's license can be an important part of a young adult's life. However, with it comes great responsibility. California state law holds young drivers to a higher standard than adults because they are considered high-risk drivers. Being relatively inexperienced drivers , young adults are given little or no tolerance to their unsafe driving habits when pulled over. Just like ...
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  • Falsely Representing Yourself to an Officer of the Law

    Dealing with police officers can be stressful. Recent instances of police brutality have led to a lack of public respect for them, however, as law-abiding citizens, we have to cooperate with their requests. One of the most common requests they will make is to identify yourself. If approached by a police officer or other officer of the peace, one of the first things they will do is ask you for ...
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  • Driving Under the Influence of Prescription Drugs

    California DUI laws are applicable in both instances where the "influence" of driving under the influence was as a result of alcohol and when it is a result of illicit drug use. Illicit drugs include not just illegal recreationally used drugs, or street drugs, but also misused prescription drugs, even if it is your prescription. Any substance , alcohol or otherwise, that can impair someone's ...
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  • Assaulting an Officer

    Assault is a charge characterized by someone attempting to cause injury to another person, whether or not they actually cause that injury. The attempt must be lawful, to the extent that it cannot be an act of self-defense. The attempt must also be from a person who has a reasonable ability to actually cause the injury. An assault charge will land you up to six months in jail and/or up to a $1000 ...
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  • What Does Administrative Per Se Mean?

    Getting a DUI can land you in a heap of trouble. As part of your DUI charge, you will have to face consequences from the California Department of Motor Vehicles in addition to criminal prosecution through the California criminal court system. The program within the DMV that handles the driving privileges of DUI offenders is called the Administrative Per Se, also called Admin Per Se, program ...
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  • Under the Table Wages

    Today, everything is regulated to some degree, including how you get paid and how you pay those who work for you. High tax rates for individuals and businesses alike incentivize "under the table" wages that are off the books. In a tough economy, paying or receiving under the table wages can be appealing. There are several benefits to under the table pay. The IRS requires all income be claimed for ...
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  • Your DUI Administrative Hearing

    After a DUI, your life changes dramatically. Suddenly, you have fines and penalties to pay, classes to enroll in and a number of steps to complete to get your full driving privileges reinstated. To do all this, you will have to deal with two different systems that handle separate aspects of your DUI sentencing. When you are convicted of a DUI, you will enter into criminal court as well as DMV ...
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  • What is an Unlawful Arrest?

    Being arrested is one of the most stressful experiences you can have. Being detained, cuffed and taken into custody can be traumatic. Your personal property may be searched and could be damaged; you could even get hurt. If you resist, you could incur a criminal charge for your conduct alone. Unfortunately, sometimes even innocent people are arrested for crimes they did not commit. A lawful arrest ...
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  • What Does Implied Consent Mean?

    As part of applying for a California driver's license, you agreed as a part of the application to allow a police officer to test your blood alcohol concentration, or BAC, level under suspicions you have been drinking and driving. You also agreed to perform a field sobriety test for an officer, if they ask you to do so. If you are like many drivers, you may have applied for your license as young as ...
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  • The Costs of a DUI

    It's no secret that DUIs will cost you. There are many fees, penalties and requirements to your sentencing that will add up quickly. Because there are so many different costs, you may not be familiar with all of them. There are immediate costs as well as long-term costs. Some DUI offenders will have certain costs that others may not. Various organizations and websites have worked out general ...
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  • Minor in Possession Charges

    Underage drinking and drug consumption is a noted problem in California and elsewhere. Most teens and young adults can easily obtain alcohol through friends or family. There are also plenty of adults who furnish alcohol to minors to make money. California's strict underage drinking laws attest to the public concern. When paired with drinking or drug use, new drivers pose a significant threat to ...
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  • Larceny and Theft Charges

    California has a problem with high theft rates. You hear about theft on the news, read about it in the news paper and most likely have had something stolen from you or someone close to you. A tough economy and decreasing job prospects can make theft worth the risk of being caught for some. Today, you can steal someone's car, purse, credit cards, cash, jewelry or even their identity. Theft belongs ...
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  • How Soon Can I Drive After a DUI?

    There are many serious consequences to getting a DUI and one of the hardest things to deal with is losing your driving privileges . For most of us, driving is necessary, especially in California. Where public transportation is limited and when you have to commute to your work, being able to drive is essential. Your driver's license will be suspended after a DUI but it may be for less time than you ...
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  • Fraud and Deceit Charges

    Fraud has been in the news a lot over the past few years, mostly in the context of credit card fraud wherein someone steals someone's personal information to take out credit cards in their name and use them for their benefit in their possession. In actuality, there are many different kinds of fraud . Fraud is when someone does something that benefits him or her undeservingly or harms or puts at a ...
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  • DUIs and the Probation Period

    As part of your DUI conviction , as well as most criminal charges, you will be put on probation for a period of time after you are charged. Your probation will set forth a series of terms and conditions, appropriate to your offense and your prior criminal activity, if any. DUI probation is geared towards significantly reducing the chance you will become a repeat offender. For first time DUI ...
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