January

Blog Posts in January, 2016

  • How Do I Know the Sobriety Checkpoint Was Legal?

    In California, DUIs come at a great cost to the community at large. Because of this high cost, DUI reduction strategies range from dedicated DUI patrol to sobriety checkpoints. In most instances, California law enforcement officers must have probable cause to pull you over as a driver. Probable cause can be anything from a taillight being out, failing to signal, or even exhibiting signs of ...
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  • Do Criminal Cases Have a Statute of Limitations?

    The California criminal justice system is tasked with prosecuting crimes and protecting California's citizens. You may think that this system has the power to prosecute and convict criminals at any point. In reality, criminal cases, as well as civil, have what is called a statute of limitations . The statute of limitations essentially limits the amount of time that can go by before legal action ...
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  • Can I Get a DUI in a Private Parking Lot?

    Under California law , it is illegal to drive while under the influence of alcohol, under any circumstances. Many people may think California's DUI laws only apply when you are driving on public California roads and highways. In reality, California DUI laws extend to driving any vehicle anywhere, on or off road. In the past, California's DUI laws specified that the criminal act must take place on ...
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  • What Is Corporal Injury to a Spouse?

    Domestic violence affects millions of Californians statewide. Many cases go undiscovered and thus unprosecuted, leaving victims unprotected. Domestic violence crimes are particularly prevalent in California, and law enforcement takes prosecuting the perpetrators of these crimes very seriously. Domestic violence crimes affect the community, not just the victim. Because of this, they are pursued ...
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  • Can I Refuse a Search Request?

    US citizens have a constitutional right to a certain level of reasonable privacy. The government cannot search your person or your property without good cause. There are laws to protect that privacy, but there are also laws that allow law enforcement officers to encroach upon your privacy in certain situations. This can feel invasive and as if your rights are subject to violation. No one welcomes ...
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  • What Does Zero Tolerance Mean?

    When it comes to California DUI laws , there are varying levels of tolerance with which California views drinking and driving. It is not illegal in and of itself to drive with alcohol in your system, so it can be said that there is a certain amount of tolerance towards driving after having been drinking. DUI laws are clear and stringent on just how much tolerance is given and to whom. The law ...
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  • What Happens if I Violate a Restraining Order?

    Most people think of a restraining order as a document ordering someone to stay away from another person who is protected under law. In reality, this is only one of the things a restraining order can do. Restraining orders do much more than order defendants to stay away from the protected person because, in part, physical distance isn't always enough to keep the protected person from being harmed. ...
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  • What Is Domestic Battery?

    Domestic violence is an overreaching problem comprised of several different criminal charges under California law. The legal definition of domestic violence is quite broad, covering a wide range of actions under a variety of circumstances. Because of this ambiguity, domestic violence charges are often poorly understood. Domestic violence is defined as a form of abuse perpetrated against a spouse ...
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  • What Is the Difference Between Expungements and Dismissals?

    Having a criminal record can present obstacles to the things you want in life. If you've been charged with a crime and now want to be able to move on with your life without being haunted by your conviction, you may be able to take steps to clean up your record. There are various ways of cleaning up your record, each with its own pros, cons, and eligibility requirements. With more than one way to ...
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  • Can I Clean Up My Record While on Probation?

    As part of the sentencing for many misdemeanor and felony crimes, you may be given a period of probation, either summary (informal), or formal probation. Probation is a period of monitoring while you are in the community in exchange for the suspension of certain elements of sentencing for a crime. For example, you may be given probation in lieu of some or all of a jail sentence. Probation is ...
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