December

Blog Posts in December, 2017

  • Marijuana DUIs: Timelines and Tests

    How Many Tests Does it Take? It is illegal to drive under the influence of marijuana in California. Those that do can face DUI charges and all the potential penalties of a California DUI . But marijuana DUI cases differ from alcohol DUI cases in some respects. The legal elements the prosecuting attorney must prove require a slightly different type of evidence and are held to a different legal ...
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  • Defining Relationships: Building a DV Defense

    Defining the Nature of the Relationship Under California law, certain crimes can be charged as domestic violence crimes if the victim had an intimate or familial relationship with the defendant. Because domestic violence convictions have serious consequences, it’s important to understand just what constitutes a domestic violence victim. Let’s first take a look at California domestic violence law. ...
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  • What Is Dissuading a Witness?

    Stopping Justice Crimes against public justice are taken very seriously. California criminal courts and law enforcement agencies rely on certain rights and liberties to serve their purpose effectively. One of these is obtaining testimony from witnesses of crimes. Witness testimony can play a significant role in a criminal prosecution. When taken lawfully, it can be used as evidence in criminal ...
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  • It Was an Accident: Unintended Injuries and DV Charges

    Injury Without Intent When it comes to domestic violence charges in California, the penalties the court will impose will increase if the alleged victim suffered an injury. In fact, a single injury sustained can turn misdemeanor domestic violence charges into felony domestic violence charges. Many domestic violence incidents end up in violence with one or both parties to the fight getting injured. ...
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  • What Is a Sentence Commutation?

    A Chance for Relief Being sentenced to prison for a crime is a life-changing event. While California is undergoing legal reform, many crimes still carry with them inappropriately long sentences. Whether a long sentence helps inmates reform their ways is debatable. Fortunately, there are some things inmates can do to ask for relief. Defendants sentenced to periods of incarceration in California can ...
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  • What Is a Driver’s License Checkpoint?

    An Arbitrary Stop Unlike some states, California permits law enforcement to conduct driver checkpoints on state highways. The checkpoints are used to identify drivers who are under the influence but can also be used to identify drivers who do not have valid licenses . You must have a valid driver’s license to drive on California roads, so, if you don’t, think twice before you go through any ...
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  • Field Sobriety Tests: Does Everyone Fail?

    A Standard Set of Tests California law enforcement uses standardized field sobriety tests during roadside DUI stops. The tests, which are little understood, do not garner much public support. Many claim they are invasive and are designed to fail. Many factors can influence their reliability, and it’s important to keep that in mind if you are facing DUI charges. Now, let us take a look at how these ...
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  • Will My Driving Record Affect My DUI DMV Case?

    A Bad Track Record California courts take DUI cases seriously. The court imposes mandatory minimum penalties and rarely exercises leniency when it comes to sentencing defendants. And if there are any aggravating factors, those penalties increase even more. One such factor that can influence the outcome of a DUI case is the defendant’s driving record. The extent to which a driving record will ...
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  • 5 Things You Should Never Do At a DMV Hearing

    Don’t Sabotage Your Chances You should be at your best at your DMV DUI hearing. A lot is at stake, and you only have a limited amount of time to prove your license should not be suspended. To give you a better chance of prevailing, here are five things you absolutely shouldn’t do at your DMV DUI hearing. Confuse Your Criminal Court Proceedings With Your DMV Proceedings This is a mistake defendants ...
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  • How to Subpoena for Evidence in Your DUI Case

    A subpoena is an order used to obtain evidence for a court case. You, as the defendant, have a right to present evidence to the court in your defense. You can use a subpoena to get this evidence. The prosecuting attorney also has the right to gather and submit evidence. If you take your DUI case to trial , you and the prosecutor will both collect and submit evidence through the process of ...
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