September

Blog Posts in September, 2015

  • What are Driving Record Points?

    The California DMV handles the driving privileges of all California drivers. The DMV has a number of systems in place to regulate the safety of California roads and one such system is the driving point system . Every driver in California is subject to points being added to their record for violating the rules of the road. How many points you will get will depend on what the violation is. You may ...
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  • What is Statutory Rape?

    Statutory rape is a term that many of us have heard but you may not know what the specific legal definition is or what the legal code regarding it says. It is a very important legal code to know because it happens more than you would think. California has several rape laws that protect people from forced or unwanted sexual intercourse. California's statutory rape law is unique in that it protects ...
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  • How Much Can I Drink Before I'm Over the Legal Limit?

    Many adults drink casually and socially, in a responsible way . Those who prefer to drink more may opt to do so at home or arrange for alternative transportation home after they have been drinking. Some people abstain from drinking before driving altogether. While this last option isn't always necessary, it is the only way to ensure you face no risk of getting arrested for a DUI at all. Most ...
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  • What is Tax Evasion?

    Paying taxes is one of the necessary, but unwanted, tasks most adults have to do as a US citizen. Everyone is required to pay both federal income tax and state income tax, if applicable. Filing your taxes can be complicated and tax regulations change frequently so knowing how and when to file your taxes can be a challenge. If you do not file your taxes correctly, you could end up underpaying your ...
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  • What Happens to My Car During a DUI Arrest?

    No one wants to experience being arrested for a DUI. On top of being humiliated and taken into custody, the arresting officer will immediately confiscate your driver's license and you will have to leave your car. Depending on where and when you are arrested, your car may not be safe or legally parked where you were pulled over and in most cases, will have to be moved. What happens to your car at ...
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  • Assault With a Deadly Weapon

    Assault charges are very serious. Assault is defined as an unlawful attempt to commit a violent injury upon another, when you have the ability to do so. Assault charges can vary based on the circumstances and facts of the case. Assault with a deadly weapon is a more serious assault charge as it involves the use of a deadly weapon, whereas assault alone does not have to involve a weapon at all. ...
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  • Can I go to Jail for a Traffic Ticket?

    There are three different kinds of criminal charges: infraction, misdemeanor and felony. Infractions , typically issued in response to moving traffic violations, are punishable only by a fine, also called bail, and no jail time or probation. However, with a traffic infraction, you may still be given driving record points, which the DMV keeps track of and your insurance may use as cause to raise ...
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  • Can I go to Jail for Domestic Violence?

    Domestic violence is viewed as a big problem in California. Not surprisingly, those who commit acts of domestic violence are subject to criminal prosecution , regardless of whether the victim desires to press charges against the abuser. Prosecution for domestic violence is rigorous and is often handled by special domestic violence prosecution units. There are a variety of crimes a domestic ...
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  • Can I Rent a Car After a DUI?

    Getting a DUI for driving under the influence of drugs or alcohol brings with it many changes. You will have court dates to appear at, fines and fees to pay, alcohol education classes to sign up for and potentially jail time to serve. On top of that, your license will be suspended for a period of time by the California DMV and you will have driving points added to your record. The DMV will also ...
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  • Drug Possession with Intent to Sell

    Drug crimes are quite common in California, criminalizing everything from gifting drugs to trafficking them. Unfortunately, drug crimes are also some of the most prosecuted crimes in California. Luckily, California drug laws are experiencing a lot of changes recently. In an effort to redistribute non-violent criminals from prisons to county jails and the community, certain simple drug possession ...
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  • Vehicular Manslaughter

    Car accidents in California are relatively common. Most of us have been in a car accident or two in our life times. Many people injure themselves and others in car accidents every day. In most cases, you will not be criminally charged for injuring someone in an accident, even if you caused it. However, if you kill someone as a result of your negligent or otherwise unlawful driving behavior, you ...
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  • Will a Jury Decide My Case in Trial?

    If you are being criminal prosecuted and are pleading not guilty, your case may be heading to trial. Under the Sixth Amendment , defendants have a right to a speedy, public and fair trial before they are convicted. At trial, evidence, arguments and testimony will be presented to a judge and/or jury. Then, they will decide on whether you are guilty or innocent. In most criminal cases, your trial ...
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  • Can I be Arrested for a DUI for Having Alcohol on My Breath?

    In California, there are two unlawful actions that can lead to a DUI conviction. Under California Vehicle Code 23152 , it is unlawful to drive while under the influence of alcohol and/or while driving with a blood alcohol concentration, or BAC, above .08%. Because both of these actions are unlawful, you could face criminal prosecution for either of them. It is important to note that these are not ...
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  • Do I Need an Attorney if I Want to Contest My Charges?

    Facing criminal charges can have many people panicking. You may have a good idea of what plan of action you want to take but don't know how to do that. This is understandable. The California criminal justice system can be hard to navigate if you don't have education or training in law. If you are going to plead guilty or no contest to your crime, you may not feel like an attorney is a worthy ...
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  • Can I Be Charged with Two Offenses for a DUI?

    California DUI laws state that it is illegal to drive under the influence of alcohol. It is also explicitly illegal to drive with a blood alcohol concentration, or BAC, over .08%. These are essentially two laws for the same act. In other words, you can be guilty of breaking both of these laws when you drive under the influence of alcohol. Driving with a BAC over .08% is also known as the " per se ...
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  • What Will Happen While I'm on Probation?

    As part of the punishment for many misdemeanor and felony crimes, a period of probation may be ordered. Probation takes the place of incarceration or detention. It allows the defendant to be free in their community , however they still have to be under close supervision by the court system. Probation is meant to be a system that keeps the public safe from the criminals who live in their community. ...
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  • What is the Difference Between a Jail and a Prison Sentence?

    For committing a crime, you could get either jail or prison time as a part of your sentence. Typically, those convicted of misdemeanors will face up to no more than year in a county jail and those convicted of felonies may face jail or prison time. Prison time is obviously much more serious than time in a county jail. You will be in prison for at least a year and possibly up to life. Just ...
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  • What Happens if I Violate My Probation for a DUI?

    With most misdemeanor or felony criminal offenses in California, your punishment may include a period of probation. Probation is a period of time when you are held to high standards by the criminal justice system. During this time, you may have any number of restrictions set on you. You may have a curfew, have to relinquish any firearms or ammunition, have regular check ins with probation ...
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  • What is an Arraignment Hearing?

    If you've been arrested and have your arraignment coming up, you may be wondering what will happen at the hearing. Many of us have never even been inside a courtroom so going to an arraignment hearing may be nerve wracking and stressful. When someone is being criminally prosecuted , one of the first steps in the process is the arraignment hearing. The arraignment is the first hearing, or court ...
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  • What Does a Reckless Driving Charge Mean?

    California is a big state, filled with lots of cars and lots of drivers. Unfortunately, California has some of the most dangerous roads in the country. In an attempt to increase the safety of these roads, those driving with disregard for this safety are charged with driving crimes. Reckless driving is one of the several California driving crimes. Reckless driving is a simple charge characterized ...
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  • How do I Know to Plead Innocent or Guilty?

    There are usually two to three options to plea in a criminal case: guilty, not guilty, basically a plea of innocence, or no contest. While you may not always have the option to plead no contest to some crimes, you will always have the opportunity to plead either guilty or not guilty. If you are facing criminal charges but do not know how to handle the situation and how to plea, contact an ...
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