April

Blog Posts in April, 2016

  • When Is Domestic Violence a Misdemeanor?

    California has several different domestic violence crimes. Domestic violence offenses are serious in any case, but these crimes vary significantly in their severity and their punishments. California has both misdemeanor and felony domestic violence crimes. Some may be charged as either a misdemeanor or a felony, making them a wobbler crime in California. Misdemeanors and felony crimes are defined ...
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  • What Are the Laws Regarding DUI Blood Draws?

    When you are pulled over for a DUI, the officer may ask you to take a chemical test to measure what your blood-alcohol content, or BAC, was at the time you were driving. The officer should advise you that you have the choice between a breath test, using a breathalyzer instrument, or a blood test, taken through a blood draw. Urine tests may be available when the breath or blood test aren't ...
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  • Is Making Threats to My Spouse a Crime?

    There are many different types of domestic violence under California law. Making threats to a spouse or someone else with whom you've have had or are in a close relationship with is one of California's domestic violence crimes. For the purposes of California criminal law, domestic violence is abuse directed toward a spouse or former spouse, a cohabitant or former cohabitant, someone you are, or ...
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  • What Constitutes Probable Cause for a DUI Stop?

    The Fourth Amendment protects your right to freedom from unreasonable search and seizure by the government. This right means that in order for a law enforcement officer to lawfully pull you over, he or she must have a good reason to do so. Specifically, he or she must have probable cause, or a reasonable belief that criminal activity is taking place, has taken place, or will take place. Probable ...
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  • Can My Spouse Stop Domestic Violence Charges?

    Domestic violence is a crime that typically occurs between two people who are close to each other. Ordinarily, you probably do not want your spouse being charged with a crime, but if you feel your safety is threatened you may call the police. Even if your spouse did not intend for you to be criminal charged, just notifying law enforcement in an attempt to gain protection can set in motion the ...
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  • Can I Get a Restricted License With a Second DUI?

    Getting your first DUI is bad enough, but what happens when you get your second DUI? A second DUI offense will result in several mandatory punishments. These are generally more severe, cost more money, and take more time than those for a first DUI offense. Perhaps the most devastating consequence of a second DUI offense is having your license suspended for two years by the California Department of ...
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  • Can I Get Deported for a Domestic Violence Conviction?

    California is a diverse state that offers the opportunity of a better life for many immigrants. While Californians without full citizenship enjoy some of the same rights and liberties US citizens do, they are held to stricter standard of conduct. Even California residents with green cards or with work visas are subject to deportation if they act out of conduct. When your very immigration status is ...
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  • Ignition Interlock Devices and Employer Vehicles

    In response to an increase in public concerns over rising DUI rates, California DMV rules on DUI offenses and license suspensions were revised in 2010. With these revisions, the ignition interlock device was added as a requirement for some offenders. As a result, those who are convicted of a DUI in California may be required to install an ignition interlock device , or IID, in their car as a part ...
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  • What Are Deportable Crimes?

    California is a state with a high number of residents without a full United States citizenship status. Even without full citizen status, those living in California are subject to California law. This means they can be charged and convicted of a crime like any other citizen. But California residents with conditional citizenship status can face much harsher consequences for breaking the law. If you ...
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  • Can My Spouse Press Charges for a Domestic Violence Offense?

    Domestic violence is unique in that both the victim and the district attorney can take legal action against the abuser. Not all instances of domestic violence will result in a criminal charge. Sometimes, less severe cases of domestic abuse result in a domestic violence restraining order and nothing else. In more serious cases, the victim may call the police for protection. Bringing in law ...
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  • Can I Choose Between a Blood and a Breath Test?

    Knowing what your rights are during a DUI arrest , or any arrest for that matter, can help you make the right decisions to protect your interests. Even knowing your rights after the fact can help you built a strong defense in court. Ideally, the arresting officer would inform you of your rights, but this isn't always the case. Once arrested, you are required to submit to a blood alcohol ...
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