October

Blog Posts in October, 2015

  • What Are the Penalties for Car Racing?

    Although professional car racing is a popular spectator sport in California and across the nation, street or drag racing on public roads is illegal. California has numerous laws that govern driving on public roads. One such law prohibits drivers from engaging in speed contests or exhibitions of speed while on California streets and highways. Illegal racing and exhibitions of speed pose a threat to ...
    Continue Reading
  • Knowledge and Stolen Property

    This week the Law Office of Christopher Martens learned some good news that an appeal brought on behalf of one of the firm's clients successfully resulted in the dismissal of the charge of receiving stolen property in People v. Young http://www.courts.ca.gov/opinions/nonpub/F067277.PDF Our client was charged and convicted of receiving stolen property because a gun in his possession happened to ...
    Continue Reading
  • Punishments for Possessing or Displaying a Fake Driver's License

    California driver's licenses are government issued IDs that grant you specific privileges, specifically driving privileges. Because driver's licenses are government issued, the fraudulent possession or display of them are serious offenses. Under California Penal Code § 470(b), those who possess, display, or cause to display a fraudulent driver's license, or any other fraudulent government-issued ...
    Continue Reading
  • What Is Voluntary Manslaughter?

    Intentionally killing another human being is inarguably one of the worst crimes you can commit. Murderers are considered cold-blooded for the atrocity they committed; however those who intentionally kill another person are not always bad people. Sometimes, they are simply reacting to an emotionally intense situation, much in the same way other reasonable people would under like circumstances. Many ...
    Continue Reading
  • What Are the Penalties for Being an Accomplice to a Crime?

    Some crimes are committed by one person and some are coordinated by several actors. Different crimes may require more or less people to pull off, but in many cases, there is more than one person involved in the crime. To ensure all liable parties who contributed to a crime are prosecuted, California law allows the prosecution of all persons involved in a crime, regardless to what degree they were ...
    Continue Reading
  • What Counts as Graffiti?

    Graffiti is one of the fastest growing forms of art nationwide and globally. Graffiti, once thought to be solely criminal activity, now enjoys a strong following in the art world. Nevertheless, graffiti, also called tagging, is also form of vandalism when it defaces property that is not your own. While many forms and uses of graffiti constitute true art, graffiti done without consent is a crime in ...
    Continue Reading
  • Painkillers and DUIs

    Driving under the influence in California is a crime. While most people associate DUIs with drinking alcohol and driving, you can also get a DUI for driving under the influence of any intoxicating substances, including drugs. Even prescription drugs , like painkillers, can cause intoxication to the point of affecting a driver's reaction time and judgment on the road. Since many Californians ...
    Continue Reading
  • What is Perjury?

    For the legal system to work, people are held to certain duties when providing important information to the courts. They are notified of this duty and asked to sign or agree to fulfill this duty under penalty of perjury. However, some people think they can get away with not fulfilling this duty and thus may lie or otherwise provide false information while under oath. This is called perjury and it ...
    Continue Reading
  • Can I Get a DUI While Operating a Boat?

    California is an ideal state for boaters. Along its 840 miles of coastline and across its dozens of lakes, boaters enjoy the quality of lifestyle that only California can provide. Boating is a recreational activity and, as such, invites other recreational activities such as drinking. However, alcohol is involved in a significant number of all boating accident fatalities. Because of this danger, ...
    Continue Reading
  • What Are the Penalties for Possession of Marijuana Concentrates?

    In recent years, California's marijuana market has grown considerably. With the growing population of medical marijuana patients, in California and in many other states, marijuana is easier to find, even on the street. Up until relatively recently, dried marijuana, also called bud or flower, made up the majority of the California marijuana drug market. However, marijuana is broadly defined by ...
    Continue Reading
  • What Is Evading an Officer?

    In recent years, police misconduct has been in center spotlight in the news. While respect for law enforcement officers may be wavering at the moment, both in California as well as nationally, citizens are still held to the duty to respect and obey law enforcement officers and peace officers. Nevertheless, when being pulled over, some people make the decision to evade the officer, or refuse to ...
    Continue Reading
  • What Is Auto Insurance Fraud?

    Many people may think of fraud as something only someone with a criminal mind would commit. We hear about big fraud cases in the news and are probably surprised to learn about people who have stolen large amounts of money from people or companies through fraud. However, fraud is a broad criminal category and covers a wide range of dishonest dealings, large and small. One common form of fraud, ...
    Continue Reading
  • Can I Go to Jail for Causing an Accident?

    Auto accidents are relatively common in California, causing a significant portion of traffic fatalities in the US each year. Though driving on California roads is fairly dangerous, many accidents are minor and do not involve gross negligence or recklessness. Often, auto accidents are resolved through civil action or through insurance companies. Most auto accidents do not result in criminal ...
    Continue Reading
  • What Happens if I'm a Felon Found With a Gun?

    Firearms are deadly weapons that can make any scenario more dangerous. Because of their power and potential to inflict harm, those convicted of a felony are not legally permitted to own, purchase, receive, posses, control or use a firearm in any way. If you've been convicted of a felony and are caught owning, purchasing, receiving, possessing or controlling a gun in any way, you could face an ...
    Continue Reading
  • How is an Out of State DUI Handled?

    Despite a nationwide legal blood alcohol concentration limit of .08%, each state was its own DUI laws that govern the rules on driving while under the influence in their state. However, getting a DUI out of state does not mean you can retain your full California driving privileges. California is a member of the Interstate Drivers License Compact , or IDLC. Under this compact, if you get a DUI out ...
    Continue Reading
  • Carrying a Handgun Without a Permit

    Gun ownership and handling is highly regulated and controlled in the US. While this is one of the most controversial political topics of our time, those who break gun laws face harsh consequences. Even though many find gun control laws to be unconstitutional, you can face criminal prosecution for carrying a concealed weapon on your person or having one in your car. Under California PC section ...
    Continue Reading
  • Do I Have to Install an IID in a Car I Drive but Don't Own?

    As part of sentencing for a DUI in California, you may be ordered to install an Ignition Interlock Device in your car. Ignition Interlock Devices, or IIDs, are wired into your car ignition, requiring you to provide a clean breath sample to start the car. In the California counties that participate in the Ignition Interlock Device Pilot Program , to include Tulare, Alameda, Los Angeles and ...
    Continue Reading
  • Can the Police Search My Car?

    All US citizens carry with them the right of freedom from unreasonable search and seizure . This right is protected under the Fourth Amendment. This protects their person and their property, including their car. Your car is generally less protected under the Fourth Amendment than your house as it holds a different legal status than a home. Some people may not realize that this right has clear ...
    Continue Reading
Page 1 of 1